Legal Question in Civil Litigation in California
Money Judgment Lien Certification
when a person has a default money judgment against them and a lien is filed,is there a certificate required to be filed with the sect of state or the atty general?What happens if the certificate is not filed?Is the judgment and/or lien void?If judgment and/or lien is not valid,what should be done to vacate the judgment?If there is a assignee of record and they die does the assignor have any right or claim to the judgment??
1 Answer from Attorneys
Re: Money Judgment Lien Certification
A default judgment is just as collectable and valid as a judgment rendered by a court after a decision on the merits of the case. Nothing has to be filed with the secretary of state, a party with a judgment simply records an abstract of judgment with the County Recorder's Office, which automatically becomes a lien on any real property the judgment debtor owns in that county. (There are other remedies the judgment creditor can take to collect the judgment which are not discussed here.)
If the assignee dies, the heirs of the assignee or whoever would inherit the property of the assignee has the right to collect on the debt because it becomes their property.
Very truly yours,
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