Abstract of Judgment

Abstract of Judgment

A “money judgment” is an order from a court ordering a person to pay the association a specific amount of money, awarded to the association as damages. The judgment can be for delinquent assessments, for reimbursement of costs incurred by the association repairing common areas damaged by a person, etc.

10-Year Limit. Money judgments are enforceable in California for a period of 10 years. Code Civ. Proc. §683.020, §697.310.

Recording an Abstract of Judgment.

An “abstract of judgment” is a written summary of the money judgment awarded to the association. It states (i)  how much money was awarded to the association, (ii) the interest rate to be paid on the judgment amount, and (iii) any court costs awarded. The association may record an “abstract of judgment” with the County Recorder. Code Civ. Proc. §674, §697.310. The recorded abstract becomes a lien against any and all of the owner’s real property in the counties where the abstract is recorded. It affects property already owned as well as any later acquired by the defendant. If the defendant does not pay the judgment, the association can force a sheriff’s sale of any real property covered by the lien, subject to an secured loans, tax liens and/or other judgments that may be ahead of the association’s judgment lien. 

Personal Property & Wages.  The judgment can also be used by the association to garnish the delinquent owner’s wages (Code Civ. Proc §706.010 and following) and levy against his/her personal property (Code Civ. Proc. §488.300 and following). 

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