Satisfaction of Judgment

Part 2, Title 9, Division 5, Chapter 1 deals with satisfaction of judgment in civil actions.

Section 724.010 provides that a money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor of a lesser sum in full satisfaction of the judgment.

Where a money judgment is satisfied by levy, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction arises only when the judgment creditor has received the full amount required to satisfy the judgment from the levying officer.

Where a money judgment is satisfied by payment to the judgment creditor by check or other form of noncash payment that is to be honored upon presentation by the judgment creditor for payment, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction of judgment arises only when the check or other form of noncash payment has actually been honored upon presentation for payment.

Section 724.020 requires the court clerk to enter satisfaction of a money judgment in the register of actions when the three specified actions occur.

Section 724.030 states that, when a money judgment is satisfied, the judgment creditor immediately must file with the court an acknowledgment of satisfaction of judgment. This section does not apply where the judgment is satisfied in full pursuant to a writ.

Section 724.040 provides that, if an abstract of a money judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor is required to immediately do two specified actions.

Section 724.050 states, if a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment may serve personally or by mail on the judgment creditor a demand in writing that the judgment creditor do one or both of the specified actions. The demand is required to include a specified form statement.

Section 724.060 specifies that an acknowledgment of satisfaction of judgment is required to contain seven specified items of information. The acknowledgment of satisfaction of judgment must be made in the manner of an acknowledgment of a conveyance of real property. The acknowledgment of satisfaction of judgment must be executed and acknowledged by one of the four specified persons.

Section 724.070 says that, if a judgment creditor intentionally conditions delivery of an acknowledgment of satisfaction of judgment upon the performance of any act or the payment of an amount in excess of that to which the judgment creditor is entitled under the judgment, the judgment creditor is liable to the judgment debtor for all damages sustained by reason of the action or $250, whichever is the greater amount.

Section 724.080 states that, in an action or proceeding maintained pursuant to this chapter, the court must award reasonable attorney’s fees to the prevailing party.

Section 724.090 provides that the damages recoverable pursuant to this chapter are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law.

Section 724.100 provides that, if satisfaction of a judgment has been entered in the register of actions, the court clerk is required to issue a certificate of satisfaction of judgment upon application therefor and payment of the fee as provided. The certificate of satisfaction of judgment must contain the five specified items of information.