§6.07 Conditional Judgment

You may issue a judgment subject to specified conditions. You must retain jurisdiction until full payment and performance of any judgment or order. [CCP §116.220(b).]

Certain types of disputes, such as neighborhood disturbances, may be effectively addressed by a conditional judgment calling for performance or cessation of acts by a party, conditioned by an award of damages on noncompliance with the order. You may also use a conditional judgment that property must be returned by a specified date, or judgment will enter.

A small claims judgment is public record and may appear in the losing party’s credit report. To avoid this result, you may issue a decision that becomes effective only if the losing party fails to perform. If that party performs, you may dismiss the case.

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