Enforcement of Judgments California

In 1982 the Legislature passed the comprehensive Enforcement of Judgments Law. This body of law continued in effect many of the provisions already in the Code of Civil Procedure, modified some provisions, and specifically excluded support judgments from its application. (Cal. Law Revision Com. com., 17 West's Ann. Code Civ. Proc. (1987 ed.) foll. 683.110, p. 76.) Chapter 3 of the Code of Civil Procedure was enacted in 1982 as the Enforcement of Judgments Law. (Stats. 1982, ch. 1364, 2, p. 5073.) The Enforcement of Judgments Law renumbered and continued in effect the provisions of Code of Civil Procedure former section 681. (Cal. Law Revision Com. com., 17 West's Ann. Code Civ. Proc., supra, foll. 683.020, p. 72.) In addition, Code of Civil Procedure section 683.030, codifying the holding of Wolfe v. Wolfe (1947) with respect to money judgments payable in installments, was enacted as part of chapter 3. (Stats. 1982, ch. 1364, 2, p. 5073.) Also included in chapter 3 was Code of Civil Procedure section 683.020, which provided that "upon the expiration of 10 years after the date of entry of a money judgment" the judgment "may not be enforced." This was a departure from the prior state of the law, which allowed for discretionary enforcement after the statutory period. However, section 683.030 of the Code of Civil Procedure provided that for money judgments payable in installments, the 10-year period of enforceability runs as to each installment from the date the installment became due. The Enforcement of Judgments Law also provided a then new procedure for renewal of judgments prior to the expiration of the 10-year period, and provided that the renewed judgment would be enforceable for 10 years from the date of the renewal. (Code Civ. Proc., 683.110, 683.180; Cal. Law Revision Com. com., 17 West's Ann. Code Civ. Proc., supra, foll. 683.110, p. 76.) Thus, a judgment, or renewed judgment, was enforceable as a matter of right for 10 years; after that period, there was no discretionary enforcement under the Enforcement of Judgments Law. Code of Civil Procedure section 683.310 was also enacted as part of the Enforcement of Judgments Law in 1982. (Stats. 1982, ch. 1364, 2, p. 5077.) As originally enacted, that section provided: "This chapter does not apply to judgments made, entered, or enforceable pursuant to the Family Law Act, Part 5 (commencing with Section 4000) of Division 4 of the Civil Code." The chapter referred to by section 683.310 was chapter 3 of the Code of Civil Procedure. by its very language, section 683.310 exempted any judgments covered by the Family Law Act from the provisions of the Enforcement of Judgments Law. Thus, the absolute bar on enforcement of judgments over 10 years old, unless timely renewed, that was imposed by the Enforcement of Judgments Law as set forth in Code of Civil Procedure section 683.020 was inapplicable to support judgments, and the provisions of the Family Law Act governed such judgments.