Sample demand for full satisfaction of judgment in California

Send this letter to the judgment creditor and any attorney
of record for the judgment creditor that has failed to file and
record a full satisfaction of judgment.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER:
XXXXXXXXX
Date:___________________
YOUR NAME
YOUR STREET ADDRESS
YOUR CITY, STATE AND ZIP CODE
JUDGMENT CREDITOR AND/OR ATTORNEY NAME
JUDGMENT CREDITOR AND/OR ATTORNEY ADDRESS
JUDGMENT CREDITOR AND/OR ATTORNEY CITY, STATE AND ZIP CODE
RE: JUDGMENT IN CASE NO. XXX-XXXXXXXX
To NAME OF JUDGMENT CREDITOR AND/OR THEIR ATTORNEY,
It has come to my attention that you have failed to file and/or record a full satisfaction of
judgment in LIST ALL DETAILS HERE INCLUDING COURT CASE NO., DATE
AND METHOD BY WHICH YOU SATISFIED THE JUDGMENT IN FULL, ETC.
This is a clear failure to comply with your obligations under California law.
For example you have failed to file a full satisfaction of judgment with the court as
required by Code of Civil Procedure § 724.030 which states in pertinent part that, “When
a money judgment is satisfied, the judgment creditor immediately shall file with the court
an acknowledgment of satisfaction of judgment.”
Despite the fact that you recorded an abstract of judgment with the County Recorder of
the County of NAME OF COUNTY on DATE OF RECORDING as Instrument
Number INSTRUMENT NUMBER LISTED ON ABSTRACT OF JUDGMENT you
have failed to comply with the provisions of Code of Civil Procedure § 724.040 which
states 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 shall immediately do both
of the following:
(a) File an acknowledgment of satisfaction of judgment with the court.
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(b) Serve an acknowledgment of satisfaction of judgment on the judgment debtor.
Service shall be made personally or by mail.”
Consider this letter as my formal demand to you under the provisions of the Code of Civil
Procedure Title 9, Division 5, Chapter 1 §§ 724.010 through 724.100.
I HEREBY DEMAND THAT within 15 days after your receipt of this demand you do all
of the following:
File an acknowledgment of satisfaction of judgment with the court.
Execute, acknowledge, and deliver an acknowledgment of satisfaction of judgment to me.
Record a certified copy of the filed acknowledgment of satisfaction of judgment with the
County Recorder of the County of NAME OF COUNTY.
Deliver both a certified copy of the filed acknowledgment of satisfaction of judgment
and a certified copy of the satisfaction of judgment that was recorded with the County
Recorder of the County of NAME OF COUNTY to me.
If you fail to comply with this demand letter within 15 days after receipt be advised
that I will not hesitate to take further legal action to protect my interests as your
failure to comply with your obligations under California law has caused me to suffer
a drastic and completely unnecessary drop in my credit score. I will seek all of the
following:
Statutory damages as allowed by California law;
My reasonable attorney’s fees as allowed by California law;
All of my actual damages suffered, including but not limited to, damages resulting
from damage to my credit reputation.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
_______________________
YOUR SIGNATURE
YOUR NAME
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The following statement is required by Code of Civil Procedure § 724.050(b).
“Important warning. If this judgment has been satisfied, the law requires that you
comply with this demand not later than 15 days after you receive it. If a court
proceeding is necessary to compel you to comply with this demand, you will be
required to pay my reasonable attorney’s fees in the proceeding if the court
determines that the judgment has been satisfied and that you failed to comply with
the demand. In addition, if the court determines that you failed without just cause to
comply with this demand within the 15 days allowed, you will be liable for all
damages I sustain by reason of such failure and will also forfeit one hundred dollars
to me.”
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Sample demand for full satisfaction of judgment in California

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