What is a Motion for Payment of Judgment by Installments?

“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.’ (Code of Civ. Proc., § 582.5.) “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.’ (Code of Civ. Proc., § 582.5.)

In determining the amount of the installment payments, the court may consider any of the factors that would be considered in reviewing a request for “a claim of 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.’ (Code of Civ. Proc., § 582.5.)

Useful Rulings on Motion for Payment of Judgment by Installments

Recent Rulings on Motion for Payment of Judgment by Installments

FINANCIAL CREDIT NETWORK, INC. V. DENNIS AGUIRRE

Nature of Proceedings: Motion for Payment of Judgment by Installments Defendant’s Motion for Payment of Judgment by Installments Attorneys: Brett T. Abbott for Plaintiff; defendant in pro per Ruling: DENIED Background: This is a motion by defendant to allow him to pay the judgment against him in installments; entire judgment, entered on 3/5/19, is for $1,923.94; he wants to pay $107/month (judgment would be paid off in about 18 months); motion was timely served, and includes a financial statement.

  • Hearing

    Apr 09, 2019

FINANCIAL CREDIT NETWORK, INC. V. DENNIS AGUIRRE

Nature of Proceedings: Motion for Payment of Judgment by Installments Tentative

  • Hearing

    Apr 09, 2019

ONEMAIN FINANCIAL GROUP LLC VS. ALVARO C PUGA

The Court will order payment of judgment by installments of $200 per month payable on the first day of each month, commencing on January 1, 2018 and continuing on the first day of each month that follows until the judgment is paid in full. The Court will further order stay of execution of judgment so long as Defendant complies with the payment schedule as ordered.

  • Hearing

    Dec 05, 2017

FINANCIAL CREDIT NETWORK INC VS JULISA C PIZANO

Nature of Proceedings: Motion for Payment of Judgment by Installments Tentative Ruling: The Motion for Payment of Judgment by Installments is granted. Judgment Debtor is to pay $75.00 per month directly to FINANCIAL CREDIT NETWORK, INC. at 1300 W.

  • Hearing

    Aug 30, 2017

CALIFORNIA BUSINESS BUREAU INC VS. JUAN FRANCISCO MARTINEZ

The signed order in the Court file, dated 2/9/16, along with minute order allowing for Payment of Judgment by Installments. The signed order provides for two possible creditor remedies for a failure to pay the installments, but neither box was checked. The difference between the two is that one requires a noticed motion, and the other option allows action to be taken upon declaration without further notice to the judgment debtor. The Court has inherent power to vacate orders.

  • Hearing

    Jul 12, 2016

FINANCIAL CREDIT NETWORK INC VS SERGIO CORONA

Nature of Proceedings: Motion: Payment of Judgment by Installments Tentative not yet posted, please check again.

  • Hearing

    Feb 04, 2015

FINANCIAL CREDIT NETWORK INC VS MARIEL URIBE

Nature of Proceedings: Motion: Payment of Judgment by Installments Tentative not posted, please check again.

  • Hearing

    Oct 01, 2014

NATIONAL COLLEGIATE VS. ALKHAZAELEH

The Court intends to Grant Defendant's motion for payment of judgment by installments. Defendant to pay $100/month commencing July 1, 2014.

  • Hearing

    May 20, 2014

  • Type

    Collections

  • Sub Type

    Collections

PROGRESSIVE WEST INSURANCE COMPANY VS. DERRICK W YOUNG

Young's motion for payment of judgment by installments is granted.

  • Hearing

    Apr 28, 2014

FINANCIAL CREDIT NETWORK INC VS MARTHA HERNANDEZ

Nature of Proceedings: Motion: Payment of Judgment by Installments Tentative not yet posted, please check again.

  • Hearing

    Oct 09, 2013

FINANCIAL CREDIT NETWORK INC VS RUFINA GRAJEDA

Nature of Proceedings: Motion: Payment of Judgment by Installments Tentative not yet posted, please check again.

  • Hearing

    Mar 07, 2013

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

PORTFOLIO RECOVERY ASSOCIATES LLC VS LUCY GOMEZ

Nature of Proceedings: Motion: Payment of Judgment by Installments Tentative not yet posted, please check again.

  • Hearing

    Feb 21, 2013

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

MIDLAND FUNDING LLC VS. SANDRA SANCHEZ

Sanchez's Motion for Payment of Judgment by Installments Grant Judgment Debtor Mw. Sanchez' motion to pay Plaintiff Midland Funding LLC's $9,628.32 judgment against her in monthly installments 1. Despite the fact that her expenses exceed her income, debtor seeks monthly installment payments of $300 per month. That is granted . She may pay $ 300.00/mo., commencing January __, 2012, until the balance is paid in full. (Code Civ. Proc. § 582.5.) 2.

  • Hearing

    Jan 05, 2012

CAPITAL ONE BANK USA NA VS. LISA FIACCO

The Court intends to GRANT Defendant Lisa Fiacco's unopposed motion for payment of judgment by installments. (C.C.P. § 582.5.) Defendant shall pay Plaintiff Capital One Bank (USA) N.A. $50.00 per month until the underlying judgment is paid in full.

  • Hearing

    Nov 16, 2011

DISCOVER BANK VS. TIMOTHY A BEATTY

Beatty's motion for payment of judgment by installments to December 7, 2011 1. Defendant Mr. Beatty needs to submit proof of service of his motion on Plaintiff Discover Bank 2. Here Defendant's notice of motion erroneously indicates that the hearing date is September 28, 2011, instead of the actual hearing date of November 2, 2011. 3. Defendant to needs to promptly serve his moving papers and notice of the new 12/7/1l hearing date on Plaintiff's counsel, and file the proof of service with the Court.

  • Hearing

    Nov 02, 2011

CHASE BANK USA NA VS. CSILLA KEKESSY

Tentative Ruling on Defendant Csilla Kekessy motion for payment of judgment by installments 1. Ms. Kekessy wants to pay $10/mo. on acct #9163 and $10/mo. on acct. #2964, for a total of $20 a month on this Chase Bank judgment in the amount of of $6,574.45. Since the legal rate of interest on judgments is 10% per annum, payments in the amount proposed by Ms. Kekessy will not even cover the interest on this debt. As a result, the amount of the debt will increase each year, instead of decreasing. 2. Ms.

  • Hearing

    Aug 24, 2010

INTERSURANCE EXCHANGE OF AUTOMOBILE ETC VS MIRAN MARTINEZ

Nature of Proceedings: Motion for Payment of Judgment by Installments Defendant’s motion for payment of judgment by installments is granted, but on terms different than requested. Defendant is ordered to pay $350.00 per month until the judgment of $10,339.02 is paid in full.

  • Hearing

    Jun 29, 2009

INTERSURANCE EXCHANGE OF AUTOMOBILE ETC VS MIRAN MARTINEZ

Nature of Proceedings: Motion: Payment of Judgment by Installments Denied without prejudice due to lack of timely service. “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.

  • Hearing

    May 18, 2009

CITIBANK (SOUTH DAKOTA) N A VS LORI SANCHEZ

Nature of Proceedings: Motion: Payment of Judgment by Installments

  • Hearing

    Feb 23, 2009

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