Motion Types Legal Issues

What is a Motion to Pay Judgment in 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 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.” Id.

“In any determination regarding the imposition of terms and conditions upon the payment of the judgment, the court shall consider any factors that would be relevant to the determination of a claim for 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.” Id.

Most Useful Motion to Pay Judgment in Installments Examples

Recent Examples of Motion to Pay Judgment in Installments

1-13 of 13 results

MCT GROUP VS. ANGEL

...9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: [email protected] stating that you submit on the ...

...http://www.denoce.com ______________________________________________ The court's tentative ruling is as follows: The court intends to deny the motion to pay judgment in installments and allow garnishment of $500/pay period until judgment paid in full.

  • Hearing

    Dec 24, 2019

LABOR COMMISSIONER VS MORSHEDA J HOSIAN

...Pebley’s amended motion to compel responses to Requests for Production of Documents and request for sanctions is DENIED WITHOUT PREJUDICE.. [Judgment Creditor’s motion to compel responses to Special Interrogatories and request for sanctions is also DENIED WITHOUT PREJUDICE. ANALYSIS: I. Background On July 2, 2018, the Labor Commissioner filed a Request that Clerk Enter Judgment and Judgment on Fi...

...filed a motion to pay judgment in installments. On October 2, 2019, Judgment Creditor filed an Order to Appear for Examination (set for January 27, 2019). II. Legal Standard C.C.P. §2031.300 provides, in pertinent part, as follows: If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The par...

  • Hearing

    Dec 3, 2019

TD BANK USA, N.A., V SEGURA

...deny Defendant Frank Segura’s Motion to Pay Judgment in Installments Pursuant to Code of Civil Procedure section 582.5. Proof that plaintiff TD Bank USA, NA was given adequate notice of the motion is not in the court’s file. Accordingly, under Code of Civil Procedure section 582.5 the motion is denied without prejudice. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and...

  • Hearing

    Mar 4, 2019

CAPITAL ONE BANK USA NA VS NUNEZ

The Court intends to Grant the Defendant's motion to pay judgment in installments (unopposed).

  • Hearing

    Dec 20, 2018

JEFFERSON CAPITAL SYSTEMS LLC VS. DENISE JOHNSON

The Court intends to Grant Defendant/Debtor's unopposed motion to pay judgment in installments.

  • Hearing

    Dec 20, 2018

FARMERS INSURANCE VS YENDE, BUSISIWE

...29, 2018, Defendant filed a Motion to Pay Judgment in Installments (the “Motion”), requesting that the Court prescribe an installment payment plan of $100 per month payable on the 22nd of each month. (Motion, Yende Decl. ¶ 3.) On July 25, 2018, Plaintiff filed an opposition. Legal Standard “In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money ...

... installment payments, that the court may prescribe. 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. In any determi...

  • Hearing

    Sep 25, 2018

FARMERS INSURANCE VS YENDE, BUSISIWE

...29, 2018, Defendant filed a Motion to Pay Judgment in Installments (the “Motion”), requesting that the Court prescribe an installment payment plan of $100 per month payable on the 22nd of each month. (Motion, Yende Decl. ¶ 3.) On July 25, 2018, Plaintiff filed an opposition. Legal Standard “In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money ...

... installment payments, that the court may prescribe. 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. In any determi...

  • Hearing

    Aug 14, 2018

BH FINANCIAL VS. PIERCE

HEARING ON MOTION TO PAY JUDGMENT IN INSTALLMENTS PER CCP 582.5 FILED BY CHRISTOPHER PIERCE * TENTATIVE RULING: * There is no proof of service showing that plaintiff was given notice of this hearing. If defendant sent a copy of the motion to plain ...

...May 7, 2018. Defendant shall immediately send a copy of his motion for a payment plan to plaintiff’s counsel. If defendant has a fax number or e-mail address for plaintiff’s counsel he shall send the motion by fax or e-mail as well as by U.S. mail. NOTE: This case is being re-assigned for all purposes, effective May 5, 2018, to Department 39.

  • Hearing

    May 3, 2018

ACCESS GROUP INC. VS PATRICIA RAYOS

...Name: Access Group, Inc. v. Rayos Moving Party: Defendant Patricia Rayos Responding Party: Plaintiff Access Group, Inc. RULING: Motion to Pay Judgment in Installments is denied. Procedurally, the motion is not supported by a memorandum in support, as required under CRC Rules 3.1112 and 3.1113, as a result of which the court cannot ascertain any legal basis authorizing the court to grant the relief re...

  • Hearing

    May 19, 2017

STATE FARM BANK VS. IRENE CAMACHO

No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Cody's secretary at 805-662-6712, stating that you submit on the tentative. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax ...

...the hearing being conducted in your absence. The court's tentative ruling is as follows: Motion to pay judgment in installments is granted. Defendant is ordered to pay to Plaintiff $30 per month beginning January 1, 2014. ______________________________________________________________________________ Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party s...

  • Hearing

    Dec 20, 2013

CAPITAL ONE BANK USA NA VS. JUANITA L CRAWFORD

No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Riley's secretary, Sharon Rishel, at 805-662-6712, stating that you submit on the tentative....

...absence. The court's tentative ruling is to: Grant the motion to pay judgment in installments, per CCP § 582.5. Order defendant Juanita L. Crawford to pay $50 per month commencing 12/15/11 and $50 each succeeding month thereafter until the entire $2,565.24 is paid off in full. This should result in the judgment being paid off in a little over 4 years.

  • Hearing

    Dec 6, 2011

CAPITAL ONE BANK USA NA VS. MARIO A MONRREAL

...required. If you wish to submit on the tentative decision, you may send a telefax to Judge Riley's secretary, Sherry Jacoby, at 805-662-6712, stating that you submit on the tentative. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without app...

... motion to pay judgment in installments pursuant to CCP 585.2. Order a payment schedule of $50 per month commencing on May 31, 2011, and $50 each succeeding month thereafter until the entire $4,805.35 judgment amount is paid in full. (CCP § 585.2)

  • Hearing

    May 24, 2011

SUNLAN-062804, LLC VS. SIRAJ MIRZA

... Judgment Debtor Siraj Mirza's Motion to Pay Judgment in Installments Grant Judgment Debtor Siraj Mirza's motion to pay the $ 7,304.59 judgment entered against him in monthly installments of $ 50.00, commencing May 15, 2011 until paid. 1. This is a limited case, where the defendant appeared. He is entitled to request to pay the judgment by installments. (Code Civ. Proc., § 582.5.) 2. No opposition was fi...

  • Hearing

    May 10, 2011

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