This article will briefly discuss how to enforce a penalty order entered in a California court. Penalties may arise from discovery penalties, penalties from an Anti-SLAPP Motion, or any other monetary penalty that may be ordered by a Court in the State of California, whether the case is a civil case, or a family law or probate case.
In California, many attorneys and other legal professionals are unaware that penalties ordered against a party or opposing counsel can be enforced in the same way as a money judgment; in other words, the court can issue an execution order and encumber the assets of the sanctioned person. See Sections 680.230, 680.270, and 699.510 of the Code of Civil Procedure.
Many lawyers and other legal professionals seem unaware that penalties can be enforced through enforcement and will instead request that the penalized party be held in contempt for non-payment. Many judges prefer that enforcement proceedings be used and will not allow contempt proceedings for collection purposes at least until other methods, such as enforcement, have been tried.
Another alternative is to ask the court for a sentence based on the order that issued the sanctions, and then register an extract of the sentence. This will create a judgment lien on the sanctioned party’s or attorney’s home or other real property assets. To obtain a judgment summary, some courts require a specific order ordering the issuance of a judgment to avoid harassing opposing parties in situations where penalties are likely to be paid.
Other statement collection methods can also be used, such as:
Judgment Debtor Examination.
Third party review.
Creditor claim.
Any other method authorized to be used in the collection of a sentence.
As shown in this article, there are numerous ways to enforce a sanction order. And because the sanctions order is considered the same as a money judgment, the sanctions order is enforceable for ten (10) years and can be renewed in the same manner as a money judgment.
Likewise, the sanction order increased the simple interest at a rate of ten (10%) percent per year. So, for example, a sanction order that is six (6) years old has increased by sixty (60%) percent. Therefore, it clearly makes sense that all attorneys and law firms with numerous sanctions orders review all such sanctions orders to determine the feasibility of their enforcement and eventual collection.
The author sincerely hopes that you have enjoyed this article.
Sincerely,
stan burman
Copyright 2012 by Stan Burman. All rights reserved.