Renewal of Judgments

Part 2, Title 9, Division 1, Chapter 3, Article 2 deals with the renewal of judgments during the period for enforcement of judgments in California civil actions.

Section 683.110 provides that the period of enforceability of a money judgment or a judgment for possession or sale of property may be extended by renewal of the judgment as provided in this article. However, a judgment may not be renewed under this article if the application for renewal is filed within five years from the time the judgment was previously renewed under this article.

The following terms are defined: “debtor,” “due or owing,” and “personal debt.”

Section 683.120 authorizes the judgment creditor to renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was entered. The filing of the application renews the judgment in the amount determined and extends the period of enforceability of the judgment as renewed for a period of 10 years from the date the application is filed.

Section 683.130 states that, in the case of a lump-sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10-year period of enforceability. Also, 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.

Section 683.140 requires the application for renewal of the judgment to be executed under oath and include all six specified items of information.

Section 683.150 explains that, upon the filing of the application, the court clerk is required to enter the renewal of the judgment in the court records.

Section 683.160 requires the judgment creditor to serve a notice of renewal of the judgment on the judgment debtor. Service is to be made personally or by first-class mail and proof of service is to be filed with the court clerk.

Section 683.170 specifies that the renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment.

Section 683.180 provides that, if a judgment lien on an interest in real property has been created pursuant to a money judgment and the judgment is renewed pursuant to this article, the duration of the judgment lien is extended until 10 years from the date of the filing of the application for renewal.

A judgment lien on an interest in real property that has been transferred subject to the lien is not extended if the transfer was recorded before the application for renewal was filed unless both of the specified requirements are satisfied.

Section 683.190 states that, if a lien has been created by an enforcement procedure pursuant to a judgment and the judgment is renewed pursuant to this article, the duration of the lien is extended, subject to any other limitations on its duration under this title.

Section 683.200 provides that, if a judgment is renewed pursuant to this article, any enforcement proceeding previously commenced pursuant to the judgment or to a writ or order issued pursuant to the judgment that would have ceased had the judgment not been renewed may be continued, subject to any other limitations provided in this title.

Section 683.210 allows a judgment to be renewed notwithstanding any stay of enforcement of the judgment.

Section 683.220 specifies that, if a judgment is renewed pursuant to this article, the date of the filing of the application for renewal is deemed to be the date that the period for commencing an action on the renewed judgment commences to run.