This sample creditor motion to collect a judgment from the assets of a revocable living trust in California is filed under the provisions of Probate Code section 850(a)(3)(C). The motion requests an order confirming that all property of the revocable living trust is subject to the judgment lien of the creditor. The sample on which this preview is based is 9 pages and includes brief instructions, a verification and proposed order. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has collected California judgments since 1992.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
IN RE THE MATTER OF:
THE _________________ REVOCABLE LIVING
TRUST DATED ___________.
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Case No.
PETITION FOR ORDER CONFIRMING THAT
PROPERTY OF TRUST IS SUBJECT TO
JUDGMENT OF PETITIONER [PROBATE
DATE:
TIME:
DEPT:
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1Petitioner, ________________, (“Petitioner”) alleges that,
1. The Petitioner is an interested person as defined in Probate Code § 48(a)(1). Petitioner
seeks an order of this Court pursuant to the provisions of Probate Code § 850(a)(3)(C).
2. On or about _______, in Case No. ___________in the Superior Court of California,
County of ________, a judgment in the total amount of $_______ was entered in favor of Petitioner
and against _________. A certified copy of said judgment is attached hereto as exhibit “1” and
incorporated herein by reference.
3. On or about ________, Petitioner recorded an Abstract of Judgment as Document
Number __________ with the County Recorder of the County of ______. The recording of the
Abstract of Judgment created a judgment lien against all real property in which ___________ held an
interest whether present or future, vested or contingent, legal or equitable pursuant to the provisions
of Code of Civil Procedure § 697.310(a) and Code of Civil Procedure § 697.340(a). A certified copy
of said recorded Abstract of Judgment is attached hereto as exhibit “2” and incorporated herein by
reference.
4. On or about ________ , ___________ had an interest in the real property commonly
known as _________ with Assessor’s Parcel Number ____________ and legally described as
follows: LIST HERE THE FULL LEGAL DESCRIPTION OF THE REAL PROPERTY
5. On or about ___________ a Quitclaim Deed was recorded as Document Number
___________ with the County Recorder of the County of ______ in which ______________
quitclaimed all of their interest in the previously described real property to ____________Trustee of
the __________ Revocable Living Trust (“Trust)” dated ________. A certified copy of said recorded
Quitclaim Deed is attached hereto as exhibit “3” and incorporated herein by reference.
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6. Petitioner is informed and believes and based thereon alleges that on or about
______________, _________ passed away.
7. Petitioner is informed and believes and based thereon alleges that
____________created the Revocable Living Trust dated ________ in an attempt to shield the real
property in order that it could be transferred to their children pursuant to the terms of the Trust and
thus avoid and evade the Judgment Lien of Petitioner.
8. On or about __________, Petitioner renewed the previously mentioned judgment. The
total amount of the renewed judgment was $______. As of _______ the unpaid balance on the
renewed judgment including accrued interest at the rate of ten percent (10%) per annum pursuant to
the provisions of Code of Civil Procedure § 685.010 is $_______ and interest continues to accrue on
the unpaid balance at the rate of $_____ per day. A certified copy of said renewed judgment is
attached hereto as exhibit “5” and incorporated herein by reference.
To view the sample document on which this preview is based visit:
https://www.scribd.com/document/335620392/Sample-Creditor-
Motion-for-Living-Trust-in-California
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