California state law extends several options to creditors trying to hold debtors accountable. In cases where one party falls behind on a payment arrangement or avoids communicating with a creditor, a lawsuit may be necessary. If creditors can convince the courts that the debt is valid and the debtor is non-compliant, they can secure a judgment. Once a creditor has a judgment acknowledged by the state, they can garnish wages or place liens against valuable assets.
Going to court and affirming the validity of the debt and the non-compliance of the debtor are both key components of successful collection activity when a debtor doesn’t make payments voluntarily. In some cases, those currently living in California took on debt in another jurisdiction previously. Their creditors may have taken legal action in another state first. Instead of starting from scratch, the creditor may have the option of domesticating the foreign judgment and making it enforceable in California.
Doing so is often more expedient and effective than relitigating the debt in the California civil courts. How long does it take to domesticate a judgment?
Case volume affects the timeline
There is no absolute guarantee of a turnaround time in a debt-related judgment domestication scenario. Factors including the current volume of pending civil cases waiting for a judge’s review determine how long the process can take.
However, there are certain rules that can affect the judgment domestication timeline. For example, the party seeking to domesticate the judgment needs to file paperwork with the courts in the county where the debtor lives. The courts review and domesticate the judgment.
The creditor typically needs to provide legal service to the debtor subject to a judgment advising them of the domestication. The debtor has up to 30 days to respond to the domestication. If they fail to assert themselves, then the courts can move forward with the domestication relatively quickly.
In cases where the debtor doesn’t oppose the domestication, the entire process could take less than 60 days. In some situations, the debtor may appeal the judgment or may ask the courts to vacate the judgment. It may take longer to resolve the dispute and move forward with enforcement in such cases.
Learning more about debt domestication and judgment enforcement can help creditors pursue the most effective and expedient debt collection solutions for recalcitrant debtors. Domestication of a judgment from elsewhere can be helpful if a debtor moves out of state after losing a civil case. After domesticating a judgment, the creditor can seek to enforce the judgment here in California.