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Contents of This Section

1. Demand -Form No. 
2. Motion-Form No. Notice of Motion To Compel Acknowledgment  of  Satisfaction Judgment
3. Declaration In Support of Motion-Form No. 
4. Points  And authorities In Support of Motion-Form No. 

202.3 JUDGMENTS  Form 41

FORM NO. 41: Demand for Acknowledgement
   
Proceedings to Compel Acknowledgment of Satisfaction of Judgment‑Demand for Acknowledgment  [Code Civ. Proc. §§ 724.050 ,  724.110, 724.220]

Name
Street Address
City And State

Tel: (    )  - 000-0000

SUPERIOR COURT OF CALIFORNIA.  COUNTY OF ______________[or other as appropriate]

                                                                                                                                                NO.

Plaintiff,  [name].                                                                                                           DEMAND FOR
                                                                                                                                          ACKNOWLEDGMENT OF
                                                                                                                                            [PARTIAL] 
                                                                                                                                            SATISFACTION OF
VS.                                                                                                                                     JUDGMENT 

Defendant.[name].   

To  [name and address of judgment creditor]:

 You are hereby notified that this document constitutes a demand for acknowledgment of [full or partial] satisfaction of the [judgment or matured installments under the installment judgment] in the above-entitled cause. It is demanded that you either execute, acknowledge, and deliver the acknowledgment of satisfaction to [name of person making demand], or file an acknowledgment of satisfaction of judgment with the court. This demand is made on the grounds that the _________ Judgment or matured installments under the installment judgment] rendered in the above‑entitled cause [has or have] been satisfied [in full or in part] in that [specify manner in which judgment was discharged, e.g., defendant has paid the full amount due under the judgment].

 [If acknowledgment of full satisfaction of lump‑sum judgment is demanded add: ]

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.

[Note: If acknowledgment of satisfaction of matured installments of an installment judgment is demanded add:]

IMPORTANT WARNING: If the matured installments on this judgment have been satisfied as of the date specified in this demand, the law requires that you comply with this demand not later than 15 days after you receive it. (The "matured installments" are all amounts and installments that are due and payable on or before the date specified in this demand together with the accrued interest to that date and costs added to the judgment on or before that date.) 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 matured installments have 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.

                                                                                                                 Firm Name___________________

Dated:                                                                                                     By _____________________signature
                                                                                                                                           [typed name]  
                                                                                                                   Attorney For __________Plaintiff/Defendant

COMMENTS

Use of Form

    This form of demand is for use by a judgment debtor in demanding that the judgment creditor execute a
    satisfaction of judgment. This form may be used to demand acknowledgment for either full or partial 
    satisfaction of a lump‑sum money judgment, or for the satisfaction of matured installments under an 
    installment money judgment [see Code Civ. Proc. §§ 724.050, 724.110, 724.220].

Necessity of Acknowledgment of Satisfaction: 

     Whenever a judgment is satisfied in fact other than by writ. the judgment creditor or his or her attorney 
     must deliver or file an acknowledgment [Code Civ. Proc. § 724.030].

Demand for Acknowledgment of Satisfaction: Full or Partial Satisfaction

The judgment debtor or the owner of real or personal property subject to a judgment lien created under a money judgment may serve on the judgment creditor a demand in writing for the execution and delivery of an acknowledgment of satisfaction of judgment to the person making the demand. The right to make such a demand applies when a lump‑sum judgment has been satisfied in part or in full, or in the case of real property only, when the judgment debtor has satisfied matured installments under an installment judgment [see [Code Civ. Proc. §§ 724.050(a). 724.110, 724.220]. In all instances, the judgment creditor must comply with the demand no later than 15 days after actual receipt of the demand [Code Civ. Proc. §§ 724.050(b), 724.110, 724.220(c)]. If the judgment has been satisfied in full, or if matured installments as of the date specified in the demand have been satisfied, a failure to comply with the demand without just cause renders the judgment creditor liable to the person making the demand for all damages resulting from the failure, plus the sum of $100 [Code Civ. Proc. §§ 724.050(e), 724.240(a)].

If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or property owner may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand [Code Civ. Proc. §§ 724.050(d), 724.110(b), 724.230: see Form 42]. During the proceedings on the motion, the court may also determine the judgment creditor's liability for damages and the $100 penalty [Code Civ. Proc. §§ 724.050(e), 724.240].

REFERENCES

State Statutes

Demand for acknowledgment for full satisfaction of judgment. Code Civ. Proc. § 724.050(a)

Liability for failure to comply with demand for acknowledgment of full satisfac­tion. Code Civ. Proc. § 724.050(e)

Demand for acknowledgment of partial satisfaction of judgment. Code Civ. Proc. § 724.110(a)

Demand for acknowledgment of satisfaction of matured installments under installment judgment. 
   Code Civ. Proc. § 724.220

Court order compelling compliance with demand. Code Civ. Proc. §§ 724.050(d), 724.110(b), 724.230

Practice Book And Treatises

Witkin California Procedure
    Volume ______Page _____ Sectio

Cal Jur 3rd
    Volume ______Page _____ Sectio

California Trial Procedure
weil and Brown
Volume ______Page _____ Sectio

Related Forms

1.   Notice of Motion To Compel Acknowledgment  of  Satisfaction
      Judgment