How to prepare an
Assignment of Judgment
I am not a lawyer. This article is not legal advice.
The example form in
this article is not meant to copy and use as is,
but it should explain what you need to
know, to prepare and file an assignment of judgment.
Laws vary in
each state, in California CCP 708.510 specifies how
Because assignments of judgments become court forms,
filed at the court,
they must follow the rules of the local court. Most
assignments of judgments to be done on "pleading
paper". Pleading paper
means your paper should have the right captions (words
at the top part
of the document), spacing,
font sizes, and most importantly line numbers down the
left side of
each page. Most of the time courts want 28 lines per
page. One can
use a Microsoft Word template, or formatting in your
to make legal-numbered documents.
The first step of enforcing any judgment where you are
not the original
judgment creditor (the person who was the
Plaintiff/Creditor in the
lawsuit), is to have a correctly prepared, signed, and
This name of this document varies from State to State,
and is usually
named either an "ACKNOWLEDGEMENT OF ASSIGNMENT OF
JUDGMENT AND NOTICE OF
ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT" or an
ASSIGNMENT OF JUDGMENT"
There are no court-provided forms to do this, so you
have to create your
own, perhaps use the example in this article, or find an
example in a judgment book or course.
In California, very interesting is the case of:
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
IN RE BOYAJIAN, 564 F.3D 1088 (9TH CIR. 2009),
PARALLEL CITATIONS564 F.3d 1088, 1090109110921093, the
Under California law, a judgment creditor may assign a
judgment to a
third person. Cal. Civ.Code 954. "In doing so, the
assigns the debt upon which the judgment is based ...
Through such an
assignment, the assignee ordinarily acquires all the
rights and remedies
possessed by the assignor for the enforcement of the
however, to the defenses that the judgment debtor had
assignor." Great W. Bank v. Kong, 90 Cal. App.4th 28,
266, 268 (2001) (internal citations omitted). An
assignment carries the
legal title to he judgment; "the transfer of the title
does not depend
upon the fact of there being a valuable consideration."
Kowalsky, 145 Cal. 431, 78 P. 962, 963 (1904)"
An example of an "ACKNOWLEDGEMENT OF ASSIGNMENT OF
JUDGMENT" is at the end
of this article. You always start with an original
customized form, signed
by the person who currently owns the judgment, most
often the original
judgment creditor. Blue ink is usually preferred as it
helps to establish
which copy is the original.
The person assigning the judgment (the seller) to you
(the buyer) must
sign the form in the presence of a notary.
(See our Notary article.)
The form must be signed and
stamped by the notary. Once this is done, the form
becomes the original
that the court needs. Make one copy of it if you are
bringing it to the
court, and two copies if you are mailing to the court
(in case the
original gets lost in the mail).
You bring or mail (with a cover letter and a stamped
envelope) the original and a copy to the court where
originated. If the form meets the requirements of the
court, they will
stamp (endorse) and file the original, and stamp it, and
give or mail you the
copy to keep.
Keep your copy, in case anyone challenges your
ownership of, or rights to
enforce the judgment. When challenged, you can simply
fax or mail a copy
of it, to end any challenge. Also, for some reason,
some judgment enforcers
mention how much was
paid to creditor, with for example wordings such as:
"$10 for the sale of this judgment", on assignments,
which is something
that normally goes only on a purchase contract, which
is not filed at the court.
Here is an example of an Assignment Of Judgment form I
have used in about
20 States. Again, it may not be right for your court.
The only way to find
out is to bring your first one to court, and see if
they will accept and
stamp it. This form often takes two pages to print.
--- Page One: ----
124 Fake Street
San Jose, CA, 95112
Plaintiff in Pro Per
IN THE SUPERIOR CIVIL COURT OF THE STATE OF
IN AND FOR THE COUNTY OF SANTA CLARA
ASSIGNMENT OF JUDGMENT
My name is Paul Plaintiff, Plaintiff in this case, and
hereby declare the
following in support of an ASSIGNMENT OF JUDGMENT:
1) THAT this original Judgment was awarded by this
court on 03/29/2015.
2) THAT Plaintiff was awarded $15,000.00, and Court
approved Costs of $0.0
(Which totals as $15,000.00) on 3/29/2015, against
Defendant: Dan Debtor.
3) THAT there have been no renewals since the entry of
said Judgment by
this Court and that Plaintiff already received $0.00
payment on this
Judgment from the Defendant.
ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT - Page 1 of 2
--- Page Two: ----
4) THAT Paul Plaintiff of 124 Fake Street, San Jose, CA
95112 is the
5) THAT the last address of record for the Judgment
Debtor(s) are Dan
Debtor, 444 Cheaters Lane, San Jose, CA 95122.
6) THAT I hereby transfer, and assign all title, rights
interest in this Judgment to the following person: So
and So entity, date.
Signed this__________day of______________________,
the City of: __________________________, State;
Signature of Paul
Plaintiff (Judgment Creditor)
State, County of County, on _____________________
Officer Name, and Title)
ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT -So And So -
Page 2 of 2
(End of the example form.)
This form example was successfully used mostly in
California, and in about 20 States.
It's good to start with, but always make sure your
local court will accept
your form. Note that most states will require
language, or the notary will attach their own notary
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