Bill Text: CA SB1200 | 2021-2022 | Regular Session | Introduced
Bill Title: Enforcement of judgments: renewal and interest.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 883, Statutes of 2022. [SB1200 Detail]
Download: California-2021-SB1200-Introduced.html
Introduced by Senator Skinner |
February 17, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 683.110 of the Code of Civil Procedure is amended to read:683.110.
(a) The period of enforceability of a money judgment pursuant to which a lien has been created or a judgment for possession or sale of property may be extended by renewal of the judgment as provided in this article. In the case of a money judgment pursuant to which a lien has been created, renewal shall be limited to only the purpose of renewing the lien.SEC. 2.
Section 683.120 of the Code of Civil Procedure is amended to read:683.120.
(a) The judgment creditor may renew a judgment described in subdivision (a) of Section 683.110 by filing an application for renewal of the judgment with the court in which the judgment was entered.(c)In the case of a money judgment payable in installments, for the
purposes of enforcement and of any later renewal, the amount of the judgment as renewed shall be treated as a lump-sum money judgment entered on the date the application is filed.
SEC. 3.
Section 683.130 of the Code of Civil Procedure is amended to read:683.130.
(b)In the case of a money judgment payable in
installments, the application for renewal of the judgment may be filed:
(1)If the judgment has not previously been renewed, at any time as to past due amounts that at the time of filing are not barred by the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(2)If the judgment has previously been renewed, within the time specified by subdivision (a) as to the amount of the judgment as previously renewed and, as to any past due amounts that became due and payable after the previous renewal, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
SEC. 4.
Section 683.140 of the Code of Civil Procedure is amended to read:683.140.
The application for renewal of the judgment shall be executed under oath and shall include all of the following:SEC. 5.
Section 683.150 of the Code of Civil Procedure is amended to read:683.150.
(a) Upon the filing of the application, the court clerk shall enter the renewal of the judgment in the court records.(d)In the case of a money judgment payable in installments not previously renewed, the amount of the judgment as renewed is the total of the past due installments, the costs added to the judgment pursuant to Section 685.090, and the accrued interest, which remains unsatisfied and is enforceable on the date of the filing of the application for renewal and includes the fee for the filing of the application for renewal.
(e)In the case of a money judgment payable in installments previously renewed, the amount of the judgment as renewed under the latest renewal is the total of the following which remains unsatisfied and is enforceable on the date of the filing of the
application for the latest renewal:
(1)The amount of the judgment as renewed under the previous renewal.
(2)The past due installments that became due and payable after the previous renewal.
(3)The costs that have been added to the judgment pursuant to Section 685.090 after the previous renewal.
(4)The interest that has accrued on the amounts described in paragraphs (1), (2), and (3) since the last renewal.
(5)The fee for filing the application for renewal.
(f)