Code Section

Code of Civil Procedure - CCP

PART 1. OF COURTS OF JUSTICE [35 - 286]

  ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. )
  

TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155]

  ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. )
  

CHAPTER 5.5. Small Claims Court [116.110 - 116.950]

  ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. )
  

ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880]
  ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. )

  
116.850.  

(a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall file with the clerk of the court an acknowledgment of satisfaction of the judgment.

(b) Any judgment creditor or assignee of record who, after receiving full payment of the judgment and written demand by the judgment debtor, fails without good cause to execute and file an acknowledgment of satisfaction of the judgment with the clerk of the court in which the judgment is entered within 14 days after receiving the request, is liable to the judgment debtor or the judgment debtor’s grantees or heirs for all damages sustained by reason of the failure and, in addition, the sum of fifty dollars ($50).

(c) The clerk of the court shall enter a satisfaction of judgment at the request of the judgment debtor if the judgment debtor either (1) establishes a rebuttable presumption of full payment under subdivision (d), or (2) establishes a rebuttable presumption of partial payment under subdivision (d) and complies with subdivision (c) of Section 116.860.

(d) A rebuttable presumption of full or partial payment of the judgment, whichever is applicable, is created if the judgment debtor files both of the following with the clerk of the court in which the judgment was entered:

(1) Either a canceled check or money order for the full or partial amount of the judgment written by the judgment debtor after judgment and made payable to and endorsed by the judgment creditor, or a cash receipt for the full or partial amount of the judgment written by the judgment debtor after judgment and signed by the judgment creditor.

(2) A declaration stating that (A) the judgment debtor has made full or partial payment of the judgment including accrued interest and costs; (B) the judgment creditor has been requested to file an acknowledgment of satisfaction of the judgment and refuses to do so, or refuses to accept subsequent payments, or the present address of the judgment creditor is unknown; and (C) the documents identified in and accompanying the declaration constitute evidence of the judgment creditor’s receipt of full or partial payment.

(Amended by Stats. 1991, Ch. 915, Sec. 31.)