We were a collection firm structured as a California—single member-- LLC. The LLC is now is suspended by the CA SOS. We collected a judgment in 2014 in the amount of approx $40,000. At the judgment Debtor’s request a SOJ was prepared, notarized, PDF emailed, and original mailed to JD to file with the Court Clerk. On 7/10/18 I received a call from JD inquiring about SOJ. Dilemma is this…I can not file anything in court due to suspension, I still have the PDF of the Notarized SOJ dated 7/14/2014 . Can the JD file this copy with the court clerk without it being a violation of the suspension? If not, what can be done? Thank you in advance for review.
Yes, since the judgment was satisfied when the LLC was still in good status, you can send a copy of the notarized satisfaction of judgment to the judgment debtor to file with the court. If you also recorded an abstract of judgment, the judgment debtor will need an original satisfaction of judgment to record with the county.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
The County Recorder is not going to check and see if one of the signatories to the Satisfaction is in good standing. If it’s notarized they will record it. It should be the an original.
All of Ms. Straus’ responses are offered as useful information, based solely upon the facts stated in the question, and are not to be relied upon as alegal opinion. They may not be what you wished to hear, They do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 34 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
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