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Instructions Abstract Of Judgment-Restitution Form. This is a California form and can be use in Criminal Judicial Council.
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Tags: Instructions Abstract Of Judgment-Restitution, CR-113 JV-793, California Judicial Council, Criminal
INSTRUCTIONS: ABSTRACT OF JUDGMENT--RESTITUTION A. Attorney or Person Without Attorney Write the name of your attorney. If you are representing yourself, your name goes here. CR-113/JV-793 B. Recording Requested by and Return to Check the box and place your name and address in the space provided. After the document has been filed with the court, you need to take a certified copy to the County Recorder's Office. C. Telephone Number Your telephone number goes here. You may also give a number where the court can leave a message for you. D. Fax Number You may write in your fax number here or you may leave this line blank. E. E-mail Address You may write in your e-mail address here or you may leave this line blank. F. Applicable Party Check the applicable box. If you are representing yourself, check the box for judgment creditor. G. Name and Address of Court Ask the clerk of your court for this information, including the court's address. H. Case Name Use the assigned case name. Example: In re John D. or People of the State of California v. Doe. I. Case Number Write the assigned case number in this space. You need to write this number at the top of every page of this form. J. For Court Use Only Leave blank. After this form is filed, the clerk will stamp this box on the copies so everyone knows they are copies of an official court document. K. Application for Abstract of Judgment Check the applicable box. If you are the victim, check the box for judgment creditor. A separate judgment must be filed for each defendant or child and each victim. a. The judgment debtor is the person who was ordered to pay the restitution. Write the name and last known address of the judgment debtor in the space provided. You may also include any known aliases used by the judgment debtor. b. Fill in the last 4 digits of the judgment debtor's driver license number and state where it was issued, if you know them. If you do not know this information, check the "Unknown" box to the right. c. Fill in the last 4 digits of the judgment debtor's social security number, if you know it. If you do not know this information, check the "Unknown" box to the right. d. Fill in the judgment debtor's date of birth, if you know it. If you do not know this information, check the "Unknown" box to the right. L. Name and Signature Print your name on the line specified. If you are representing yourself, sign on the other line. Write in the date. If identifying information is obtained from other than direct sources, check the "On Information and Belief" box located below the signature line. Page 1 of 2 Form Approved for Optional Use Judicial Council of California CR-113/JV-793 [New January 1, 2014] INSTRUCTIONS: ABSTRACT OF JUDGMENT--RESTITUTION www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CR-113/JV-793 M. Case Name and Number Use the case name and case number that you wrote on the front of the form. N. Judgment Creditor Enter your name in the space provided. O. Judgment Debtor Enter the full name of the judgment debtor in the space provided. P. Judgment Date Enter the date the judgment was entered. If you don't know the date, the clerk of the court should complete this information. Q. Amount of Judgment Enter the amount of the judgment entered. If you don't know the amount, the clerk of the court should complete this information. R. Stay of Enforcement Specify whether the court has ordered a stay of enforcement. If a stay of enforcement was ordered, check the appropriate box and write in the date of the order and the date it is effective until. If a stay of enforcement was not ordered, check the other box. S. Abstract of Judgment The clerk of the court will write in the date the judgment was issued and will sign the Abstract of Judgment--Restitution. If the person who owes you restitution does not pay you, you can place a judgment lien on real estate that the person owns or may own in the future. A judgment lien requires the debtor to pay you the money he or she owes you before selling, transferring, or refinancing that property. To create a lien, you need to record an abstract of judgment with the county recorder's office in the county where the property is located. You may use either Abstract of Judgment--Restitution (form CR-111/JV-791) or Abstract of Judgment--Civil and Small Claims (form EJ-001). You should complete as much information as you know on page one of the form. The box on the upper left-hand side of page 1 of form CR-111/JV-791, described in Instructions A-F, gives the county recorder required information about you. The rest of page 1 includes information about your case and legally required information about the offender. The clerk's certification is on page 2. Once the court has issued an abstract of judgment, you can take it to the county recorder's office and have it recorded for a nominal recording fee. Recording the abstract of judgment with the county recorder places a judgment lien on any real estate that the defendant owns in that county at the time of the recording or may own in the future. In juvenile cases, recording of the abstract places a lien on the parent's or guardian's real property if they are named in the judgment. If you want to place a lien on property in more than one county, you need to record a separate abstract of judgment in each county. CR-113/JV-793 [New January 1, 2014] INSTRUCTIONS: ABSTRACT OF JUDGMENT--RESTITUTION Page 2 of 2