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Just record the AJ

Posted by Ward-CA- on July 23, 2003 at 6:04 PM

In Reply to: How do I attach my abstract of judgement to thier real property? posted by Angela H. Tauriac on July 23, 2003 at 8:46 AM

: Hi Ward

: I have been awarded an abstract of judgement. The owner is now in the process of dividing the property.
: I've been told that she has sold, and should be closing in two weeks.
: I went to the recorders office to find out if I still have a lien. I do have a abstract of judgement, But the City where the house is, said that there is no lien on the property? What do I do? Did I not do something right? How do I make my judgement attache to the property?

========================================

Angela,

When you were awarded a judgment in court, you had convinced a judge that the defendant owed you a debt. That’s the first part in getting satisfaction.

After the judgment becomes final and beyond appeal—about 30 to 40 days after it was declared in your favor, you must then get an abstract of the judgment from the court that issued it.

Just go to the Clerk of that court and get their abstract of judgment form. Fill out the form and submit it to the clerk. She will verify the parties involved, the judgment amount, the entry date and the fact it is still owing.

The clerk will sign and date it and affix the seal of the court on it and charge you about $10.00.

Now take the executed Abstract of Judgment (AJ) to the county recorder’s office (where the debtor’s property is located)and record it. Get a certified copy of it from the recording clerk when you record and that’s all you have to do.

A recorded AJ is what’s called a general lien. That means, by operation of law, it automatically attaches to the legal title of any and all real property in the county that’s in the judgment debtor’s name—even if it’s just partially in her name.

So you don’t have to specifically record it against any particular property in the judgment debtor’s name since your AJ automatically attaches to any real property that is in her name in the recorder’s office.

Hope this helps.



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