1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

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12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO
) AMEND TERMS AND CONDITIONS FOR
13 vs. ) PAYMENT OF JUDGMENT; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION
14 Any Defendant, and DOES 1-5 ) OF __________
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
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address. Be sure to remove this notice before using this document.
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TO PLAINTIFF, _____________________________________________ AND THEIR
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ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _________________, at ___________M., or as soon after
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28 that as the matter can be heard, in Department _____ of the above-entitled court located at

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NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT
 1 _______________________________________________________, defendant ________________
2 will move the Court for an order amending the terms and conditions for payment of the judgment
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entered in favor of plaintiff and against defendant to provide that defendant may satisfy the judgment
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by making monthly installment payments of $________. This motion is made under Code of Civil
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Procedure 582.5 on the grounds that defendant is unable to pay the full amount of the judgment

7 without using money needed for the necessities of life.

8 This motion will be based on this notice of motion, the memorandum of points and
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authorities; the declaration of ____________________, the pleadings, documents, records and files in
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this action, and such oral and documentary evidence as may be presented at the hearing.
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Dated: ________________ __________________________________________
13 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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On ______________, plaintiff_________, filed their lawsuit against defendant, and on
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______ a judgment in the amount of $__________ was entered against defendant.

7 Defendant contends that they cannot pay the full amount of the judgment without using

8 money needed for the necessities of life. Defendant requests that the Court order that the terms and
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conditions of the judgment to provide that defendant may satisfy the judgment by making monthly
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installment payments of $__________.
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II.
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13 LEGAL ARGUMENT

14 A. THE COURT HAS THE POWER TO AMEND THE TERMS AND

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CONDITIONS FOR PAYMENT OF THE JUDGMENT AND THE CALIFORNIA
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EXEMPTION LAWS ARE CONSTRUED LIBERALLY IN FAVOR OF THE
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DEBTOR
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19 Code of Civil Procedure 582.5 states that, In a limited civil case in which the defendant has

20 appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall
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pay the judgment immediately or at any time and upon terms and conditions, including installment
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payments, that the court may prescribe. The court may amend the terms and conditions for payment
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of the judgment or order at any time to provide for installment payments for good cause upon motion
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25 by a party and notice to all affected parties, regardless of the nature of the underlying debt and

26 regardless of whether the moving party appeared before entry of the judgment or order.
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NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT
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NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT