If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real property subject to a judgment lien created under the installment judgment may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the matured installments have been satisfied as of the date specified in the demand and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) make an order determining that the matured installments as of the date specified in the demand have been satisfied.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Terms Used In California Code of Civil Procedure 724.230

  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Installment judgment: means a money judgment under which a lien may be created on an interest in real property under Section 697. See California Code of Civil Procedure 724.210
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Matured installments: means the sum of all of the following:

    California Code of Civil Procedure 724.210

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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