Winning a money judgment is an important step—but actually collecting the money can sometimes be the bigger challenge.

If a judgment debtor owns real estate, recording an Abstract of Judgment with the county recorder may create a judgment lien against qualifying real property. A judgment lien on real property is generally created by recording an abstract of a money judgment with the county recorder.

For property located in San Bernardino County, the document is recorded with the San Bernardino County Recorder.

What Is a Judgment Lien?

A judgment lien is a legal claim against qualifying real property to help secure payment of a money judgment.

Once a properly issued Abstract of Judgment is recorded, the lien can attach to qualifying interests in real property. In addition, California law also provides that the lien can attach to qualifying real property interests the debtor acquires later.

In practical terms, a judgment lien may become important when the property owner later sells or refinances the property. This is because the outstanding judgment may need to be addressed as part of that transaction.

A judgment lien does not mean the creditor automatically receives the property or gets paid immediately. It is a collection tool that can help secure the judgment.

How Do You Record a Judgment Lien in California?

The basic process is relatively straightforward.

1. Obtain a Money Judgment

You generally need a court judgment awarding money before using the standard real-property judgment-lien procedure.

2. Complete an Abstract of Judgment

The California Judicial Council form commonly used is the Abstract of Judgment—Civil and Small Claims. The form summarizes the judgment and is issued by the court clerk. Once issued, it can be recorded with a county to create a judgment lien.

3. Have the Abstract Issued by the Court

The court clerk issues the Abstract of Judgment after the required information and applicable court requirements are completed.

California Courts explains that you generally need a separate issued Abstract for each county where you want to record the lien. However, if the debtor owns multiple properties in the same county then one recorded abstract can generally cover qualifying real property interests in that county.

4. Record the Abstract With the County Recorder

Once issued, the Abstract of Judgment can be recorded with the county recorder.

For property in San Bernardino County, recording is handled by the San Bernardino County Recorder-Clerk.

The Recorder’s Hall of Records is located at:

San Bernardino County Recorder-Clerk
222 W. Hospitality Lane, 1st Floor
San Bernardino, CA 92415-0022
Phone: (909) 387-8306

San Bernardino County currently advises that recording appointments are strongly encouraged.

How Long Does a California Judgment Lien Last?

Under California Code of Civil Procedure § 697.310, a judgment lien created by recording an abstract generally continues for 10 years from the date the judgment was entered. The lien continues unless the judgment is satisfied or the lien is released. In addition, this is subject to applicable renewal rules.

What If the Debtor Owns Property in Another County?

A California judgment lien created under the standard procedure applies to qualifying real property interests in the county where the abstract is recorded.

If the judgment debtor owns property in another county, a separate Abstract of Judgment generally needs to be recorded in that county as well.

For example, a judgment creditor may need to record in both San Bernardino County and Riverside County if the debtor owns qualifying real property in both counties.

Important: A Judgment Lien Does Not Apply to Every Property

There are important limitations and exemptions.

For example, California law provides specific rules regarding declared homesteads. Under CCP § 704.950, a standard judgment lien generally does not attach to a declared homestead when the statutory requirements are satisfied. However, this is subject to exceptions and the statutory treatment of surplus equity.

Because exemptions and property status can significantly affect collection, a judgment creditor should consider getting legal advice when the property is a primary residence or otherwise subject to an exemption.

Does Recording a Judgment Lien Automatically Get You Paid?

No.

Recording the Abstract of Judgment creates the lien, but it does not automatically send money to the judgment creditor.

The lien may become valuable later if the property is sold or refinanced. This is because the judgment may need to be resolved as part of the transaction.

The amount actually recovered can depend on factors such as:

• Existing mortgages and other liens
• Property equity
• Exemptions
• Priority of competing liens
• Whether the property is sold or refinanced
• Whether the judgment remains enforceable

Why Record a Judgment Lien in San Bernardino County?

If you have an unpaid California money judgment and believe the judgment debtor owns real estate in San Bernardino County, recording an Abstract of Judgment can be an important step in judgment collection and enforcement.

It can provide a recorded public notice of the judgment and establish a lien against qualifying real property interests under California law.

Need Help With Judgment Lien Document Preparation?

Khan Paralegal and Notary provides professional document preparation and notary services for individuals who need assistance with California documents.

For judgment-creditor matters, services may include assistance with Abstract of Judgment document preparation, recording-related document preparation, and San Bernardino County document-recording procedures.

Because judgment collection can involve exemptions, lien priority, deadlines, and other legal issues, it is important to understand whether a judgment lien is appropriate for your specific situation.

Disclaimer

Khan Paralegal and Notary is not an Attorney. We do not provide legal advice or attorney services and are not a substitute for a licensed California attorney. Information in this article is provided for general educational and informational purposes only and should not be relied upon as legal advice. Moreover, laws, court procedures, exemptions, recording requirements, and fees can change. You should consult a qualified attorney regarding your specific judgment, property, lien, exemption, or collection matter.