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If a co . files an abstract of judgment and that co . goes out of business ; what happens to the abstract of judgment ?

El Cajon, CA |

A stay of enforcement was not ordered by the court . I understand that only the person or party can release the lien . But if the party is a business that is going to no longer exist , is it still enforceable ?

Attorney Answers 3


Rights under the judgment would pass to whoever obtained the business's assets upon dissolution, be they shareholders, members, or partners. Those parties could then enforce the lien as well as release it.

If their identity cannot be determined, you have a problem. Ten years after entry of the judgment, it and the judgment lien become unenforceable unless renewed. Because no one can renew it, that problem will end.

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who ever owns the assets of the business would be entitled to enforce the judgment lien.

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If you need to clear title right away, you might consider filing an action to "Quite Title."

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