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Lesson 7.
Postjudgment Proceedings

 

§7.10 Enforcement of Judgment

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A small claims judgment may be enforced as provided for general civil judgments. [See CCP §§680.010 et seq.] It may also be enforced as provided in CCP §§674 (abstract of judgment) and 1174 (possession of premises) on the enforcement of judgments of other courts. A judgment of the superior court after a hearing on appeal and transfer to the small claims court may be enforced as other small claims judgments are. [CCP §116.820(a).]

Methods of enforcement by a small claims court are:

  • Issuance and execution of a writ of execution [see CCP §§699.510 et seq],
  • Issuance and recording of an abstract of judgment [see CCP §674], and
  • An order to produce statement of assets and to appear for examination [see §7.12].

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Fees for enforcement procedures are governed by CCP §116.820(b). [See GC §§70617, 70626.] The prevailing party in any small claims action is entitled to the costs of enforcing the judgment and accrued interest. [CCP §116.820(c).]

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Reference REFERENCE >> Enforcement of small claims judgments is further discussed in California Judges Benchbook: Small Claims Court and Consumer Law ch. 8 (Cal CJER 2007). Properties exempt from enforcement are discussed in California Judges Benchbook: Civil Proceedings After Trial ch 6 (Cal CJER).
 
 
 
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