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 Post subject: Assignment Of Judgment 673
PostPosted: Thu Jan 01, 2009 11:18 am 
Partner of Riser Adkisson LLP
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CCP 673.

(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

(b) An acknowledgment of assignment of judgment shall contain all of the following:

Quote:
(1) The title of the court where the judgment is entered and the cause and number of the action.

(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.

(3) The name and address of the judgment creditor and name and last known address of the judgment debtor.

(4) A statement describing the right represented by the judgment that is assigned to the assignee.

(5) The name and address of the assignee.


(c) The acknowledgment of assignment of judgment shall be:

Quote:
(1) Made in the manner of an acknowledgment of a conveyance of real property.

(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.


(d) This section is in addition to, and does not limit or restrict, any other means by which an assignee may become an assignee of record.

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 Post subject: Re: Assignment Of Judgment 673
PostPosted: Thu Jul 09, 2009 9:03 am 
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CREDIT(S)

(Added by Stats.1982, c. 497, p. 2157, § 38, operative July 1, 1983.)


LAW REVISION COMMISSION COMMENTS


1982 Addition


Section 673 is a new provision that prescribes the content and manner of execution of an acknowledgment of assignment of judgment. Although prior law referred to an “assignee of record” (see reference in former Section 675 relating to satisfaction of judgment), it was unclear how a person became an “assignee of record.” Section 673 fills this gap, but the section does not limit or restrict the use of any other means by which an assignee may become an assignee of record. See subdivision (d).


The required contents and manner of execution of the acknowledgment of assignment of judgment are comparable to those specified in Section 724.060 (contents and manner of execution of acknowledgment of satisfaction of judgment).


The filing of the acknowledgment of assignment with the court under this section does not, of itself, give notice to the judgment debtor so as to invalidate any payments made by the judgment debtor to the judgment creditor or a prior assignee of record. See Civil Code § 954.5(c). The filing with the court, however, affects the priorities between conflicting assignments. See Civil Code § 954.5(b).


Nothing in Section 673 requires the filing of the acknowledgment of assignment of judgment with the court in order to accomplish the transfer of the interest in the judgment. See Civil Code § 954.5(a). But, unless the assignee becomes an assignee of record by some other means, the failure to file an acknowledgment of assignment of judgment precludes the use by the assignee of a writ of execution and other enforcement remedies. See Section 681.020. [16 Cal.L.Rev.Comm. Reports 1790 (1982)].


HISTORICAL AND STATUTORY NOTES


2009 Main Volume


Former § 673, enacted in 1872 amended by Stats.1933, c. 744, p. 1884, § 128, derived from Stats.1851, c. 5, p. 83, § 206, requiring that the judgment be open to public inspection, was repealed by Stats.1945, c. 828, p. 1525, § 1.


CROSS REFERENCES


Perfection of transfer of right represented by judgment, see Civil Code § 954.5.
Transfer of things in action, perfection of transfer of right represented by judgment, see Civil Code § 954.5.

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