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What Can I Do if the Creditor Has Not Filed a Proof of Payment?

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The judgment debtor may sue the judgment creditor for losses suffered because the creditor did not file an Acknowledgment of Satisfaction of Judgment (SC-130 or EJ-100) on time. The claim may include the losses suffered as well as a $50.00 penalty. (See California Code of Civil Procedure, Section 116.850(b)) Opens new window

NOTE: In order to collect the penalty and damages, the debtor will have to file a new claim in small claims court.

 

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