Enforcement of Money Judgments Against Property in Jurisdiction of California Probate Court: The Interaction Between Cal. Code. Civ. Proc. Sections 709.030, 695.010 and 697.310

Enforcement of Money Judgments Against Property in Jurisdiction of California Probate Court: The Interaction Between Cal. Code. Civ. Proc. Sections 709.030, 695.010 and 697.310 One issue that may come up in probate and interpleader cases is whether, in light of Cal. Code. Civ. Proc. § 709.030, a money judgment creditor may create a lien interest in real property in a conservatorship. Section 709.030 provides: Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in which the guardianship or Conservatorship proceeding is pending under Division 4 (commencing with Section 1400) of the Probate Code for an order requiring payment of the judgment. Cal. Code Civ. Proc. § 709.030. “[A] procedure provided in this division” refers to Division 2 of Title 9 of the California Code of Civil Procedure, where Section…

Read more detail on Recent Tax Law posts –

This entry was posted in Tax Law and tagged , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply