Domesticating a Judgment in California

How to DOMESTICATE AND collect on your out of State Judgment in California

By Bryan Grundon

California is one of only two states that has not enacted the Revised Uniform Enforcement of Foreign Judgments Act, the purpose of which is to simplify the process of collecting on your judgment in a state different from the one in which it was entered. In California you apply for entry of a sister state judgment. Since the process is unique to California having a firm that understands the process is critical to quickly getting your judgment ready for execution. This post describes the process of bringing another state court judgment to California. You can bring a federal district court judgment to California as well but the process is different.

What you need to Start THE PROCESS

To turn your out of state judgment to a California sister state judgment you will need to file several documents:

  1. Application for entry of sister state judgment. You will need to fill out all the information requested. California allows you to add post judgment interest at the legal rate of the state of origin. You much provide the rate and statute from the state your judgment was entered in. You must attach a certified copy of the original judgment to this document.

  2. Notice of entry of sister state judgment. This document is the basically the summons equivalent for this type of case. You will transfer information you’ve already filled out on the application for sister state judgment.

  3. Civil Case Coversheet. You are filing a new California case. You will check the enforcement of judgment box for the case type.

  4. Sister State Judgment. This is not mandatory in all counties. The San Diego version is linked here. You will need to check county to county to see if it is necessary for your matter.

WHAT HAPPENS AFTER YOU FILE THE DOCUMENTS WITH THE CALIFORNIA COURT?

If everything is in order the court will file the case, enter the judgment and give you a local case number. You must serve all the required documents above on your judgment debtor. There are a limited number of grounds a judgment debtor can challenge the entry of a sister state judgment In most cases, before you can collect on it, you will need to serve the new judgment on the debtor and allow them thirty days to respond before you can take any involuntary action to execute on the judgment. If the judgment debtor is not a resident of California or emergency circumstances approved by a Superior Court judge execution proceedings are allowed immediately.

Once execution is allowed a sister state judgment operates like a California judgment in all respects. From the time of filing they accrue post judgment interest at the California rate of 10% per year.

Law Office of Bryan M. Grundon utilizes many post judgment tools to collect your judgment. Contact us today for help domesticating and executing on your judgment.