Sister State Money Judgments

Part 3, Title 11, Chapter 1 of the Code of Civil Procedure deals with sister state money judgments in civil proceedings.

Section 1710.10 defines the following terms: “judgment creditor,” “judgment debtor,” and “sister state judgment.”

Section 1710.15 allows a judgment creditor to apply for the entry of a judgment based on a sister state judgment by filing an application. The application must be executed under oath and include six specified items of information.

Section 1710.20 provides an application for entry of a judgment based on a sister state judgment must be filed in a superior court. The proper county for the filing of an application is in either of two specified counties.

Section 1710.25 requires the clerk to enter a judgment based upon the application for the total of the three specified amounts as shown in this code section.

Section 1710.30 requires notice of entry of judgment to be served promptly by the judgment creditor upon the judgment debtor in the manner provided for service of summons. The fee for service of the notice of entry of judgment under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ.

Section 1710.35 requires a judgment entered pursuant to this chapter to have the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.

Section 1710.40 provides that a judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment. Not later than 30 days after service of notice of entry of judgment, the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.

Section 1710.45 prohibits a writ of execution on a judgment entered from being issued until at least 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided. A writ of execution may be issued, or other enforcement sought, before service of the notice of entry of judgment if the judgment debtor is any of the three specified types.

The court may order that a writ of execution be issued, or may permit enforcement by other means, before service of the notice of entry of judgment if the court finds upon an ex parte showing that great or irreparable injury would result to the judgment creditor if issuance of the writ or enforcement were delayed.

Section 1710.50 requires the court to grant a stay of enforcement in five specified circumstances. The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion. The court must grant a stay of enforcement under this section on the terms and conditions as are just including three specified ones.

Section 1710.55 states that no judgment based on a sister state judgment may be entered pursuant to this chapter in any of the three specified cases.

Section 1710.60 specifies that nothing in this chapter affects any right a judgment creditor may have to bring an action to enforce a sister state judgment. Also, no action to enforce a sister state judgment may be brought where a judgment based on the sister state judgment has previously been entered pursuant to this chapter.

Section 1710.65 states that the entry of a judgment based on a sister state judgment pursuant to this chapter does not limit the right of the judgment creditor to bring an action based on the part of a judgment of a sister state which does not require the payment of money.