1Dear [FIRSTNAME], The topic of the newsletter this week is filing a motion to amend the terms and conditions

for payment of a judgment in California pursuant to Code of Civil Procedure 582.5. This code section only applies to limited civil judgments, where the principal amount of the lawsuit did not exceed $25,000.00, not including accrued interest, attorneys fees and Court costs. A separate code section, allows a party to file a motion with the small claims court in California to amend the terms and conditions for payment of a small claims judgment. See Code of Civil Procedure 116.620. Judicial Council Form SC-220 can be used to request to pay a judgment in installments for a small claims case. However, there is no comparable Judicial Council form for use in limited civil cases. Visit the website below to download a fillable PDF version of Form SC-220 for use in a small claims case. http://www.courts.ca.gov/documents/sc220.pdf Code of Civil Procedure 582.5 states that, In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties, regardless of the nature of the underlying debt and regardless of whether the moving party appeared before entry of the judgment or order. In any determination regarding the imposition of terms and conditions upon the payment of the judgment, the court shall consider any factors that would be relevant to the determination of a claim for exemption pursuant to Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 or the examination of a debtor pursuant to Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9. This means that a defendant who has had a limited civil judgment entered against them has the right to file a motion with the Court to request that the Court amend the judgment to allow them to pay the judgment in installment payments. And it does not matter what the nature of the underlying debt is, or whether the defendant answered the lawsuit or not. This is very advantageous to a defendant considering the current state of the economy as the Court must consider any factors that relate to a claim for exemption. As there are numerous exemptions many defendants facing financial difficulties should be able to successfully amend a limited civil judgment and obtain a monthly payment amount that they can live with. It should also be stressed that it is a very long standing public policy in California that the exemption statutes are liberally construed in favor of the claimant. See Independence Bank v. Heller (1969) 275 Cal. App. 2d 84, 88, see also Bank of California v. Virtue & Sheck, Inc. (1983) 140 Cal.App.3d 1026, 1033. This means that a Judge is supposed to give the person claiming the exemption the benefit of the doubt.

Additionally, once the Court amends the judgment to allow for installment payments, as long as the defendant makes their monthly payments on time, the plaintiff cannot levy on their bank account, garnish their wages, or take any other action without either filing a form with the clerk notifying them of the default in payments, or obtaining permission of the Court. There may also be additional conditions imposed depending on the county in which the judgment was entered. If you enjoy this newsletter, tell others about it. They can subscribe by visiting the following link: http://www.legaldocspro.net/newsletter.htm Have a great week and thanks for being a subscriber. Yours Truly, Stan Burman The author of this newsletter, Stan Burman, is a freelance paralegal who has worked in California litigation since 1995. The author's website: http://www.legaldocspro.net COLLECTIONS OF SAMPLE DOCUMENTS NOW FOR SALE BY THE AUTHOR View numerous sample documents sold by the author, note that you can now purchase several special collections of sample documents at a substantial discount from the regular individual price for each document. Click below to view his profile and check out the several collections of sample documents now for sale. http://www.scribd.com/legaldocspro Copyright 2012 Stan Burman. All rights reserved. DISCLAIMER: Please note that the author of this newsletter, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this newsletter is NOT intended to constitute legal advice. These materials and information contained in this newsletter have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this newsletter is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Subscribers and any other readers should not act upon this information without seeking professional counsel.