Affidavit of Identity in California

What Is an Affidavit of Identity?

An affidavit of identity is “an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment.” (Code of Civ. Proc., § 680.135.)

Legal Standard

A “writ of execution must be issued in the name of the judgment debtor listed on the judgment, but it may also include the additional name or names by which the judgment debtor is known, as set forth in an affidavit of identity filed by the judgment creditor with the application for issuance of the writ.” (8 Witkin, Cal. Proc. (5th ed. 2008) Enf. Judgm. § 110; Code of Civ. Proc., §§ 699.510(c)(1), 680.135.)

“The ‘affidavit of identity’ is not a procedure for adding new debtors to the judgment: The affidavit of identity must not include the name or names of persons not separately named in the judgment, including any corporations, partnerships or other legal entities in which the judgment debtor is a partner, shareholder or member.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 680.135.)

“The court must approve the affidavit of identity before the clerk’s certification of an abstract containing additional names by which the judgment debtor is known. The court will authorize the certification if it determines (without a hearing or notice) that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the judgment debtor’s additional names.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 674(c)(1).)

Procedure

“The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor’s additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.” (Code of Civ. Proc., § 680.135.)

Documents for Affidavit of Identity in California

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ABSOLUTE RESOLUTIONS INVESTMENTS, LLC VS. ANGELINA OZHIGINA EXEMPT COLLECTIONS (RULE 3.740) document preview

EXEMPT COLLECTIONS (RULE 3.740), COMPLAINT (TRANSACTION ID # 210075827) FI…

32 pages

1562096 1 ELECTRONICALLY GURSTEL LAW FIRM P.C. FILED Gurstel Law Firm P.C.’s California Debt Collection License: 10361-99. Superior 2 Court of California, Kimberlee Tsai (SBN # 227426) County …

Case Name ABSOLUTE RESOLUTIONS INVESTMENTS, LLC VS. ANGELINA OZHIGINA

Affidavit of Identity in California

What Is an Affidavit of Identity?

Legal Standard

Procedure

Documents for Affidavit of Identity in California

Related Legal Topics for Affidavit of Identity in California

Useful Examples of Debt for Affidavit of Identity and Related Documents Filed in Court Cases/Dockets