Does a court have authority to determine whether a judgment creditor agreed to accept less than the face value of the judgment?

California, United States of America


The following excerpt is from Taylor Concrete Pumping Corp. v. Zippy's Currency X-Change, Inc., B256900 (Cal. App. 2015):

A court ruling on a motion under the statute has the authority to determine whether the judgment creditor agreed to accept less than the face value of the judgment as full satisfaction of the judgment. (Horath v. Hess, supra, 225 Cal.App.4th at p. 468.) If the judgment creditor so agreed, an order compelling an acknowledgment of satisfaction of judgment does not undermine the finality of the judgment. Instead, such an order merely enforces the judgment creditor's agreement to accept a specified performance, in lieu of the face amount of the judgment, as payment in full. Such an agreement is enforceable whether the agreement was made before or after the entry of judgment. (Id. at pp. 468-469.)

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