How to eFile and eRecord an Abstract of Judgment in San Benito County, California
If you've successfully obtained a court judgment in a civil case in San Benito County and are looking to collect on that judgment, one of the most effective tools available is recording an Abstract of Judgment. This document creates a lien on any real property the debtor owns in the county, making it difficult for them to sell or refinance that property without first satisfying the debt.
In today’s digital era, San Benito County supports both eFiling (electronic filing) and eRecording (electronic recording) of legal documents, including Abstracts of Judgment. This blog will guide you through the process from start to finish—whether you’re an attorney, legal assistant, or self-represented litigant.
What Is an Abstract of Judgment?
An Abstract of Judgment (California Judicial Council Form EJ-001) is a summary of a court's judgment showing who owes the money (the judgment debtor), how much is owed, and who is entitled to collect it (the judgment creditor). Once recorded with the County Recorder, this abstract creates a real property lien in the county where it is filed.
This is particularly important if your judgment debtor owns—or may acquire—real estate in San Benito County. The recorded lien must be satisfied before the debtor can transfer a clear title.
Step 1: eFiling the Abstract of Judgment
Where to Begin
To start the process, you’ll need to eFile the Abstract of Judgment with the San Benito County Superior Court. As of now, the court permits eFiling in civil cases through certified Electronic Filing Service Providers (EFSPs). These EFSPs act as a bridge between you and the court.
Approved EFSPs
Some commonly used EFSPs include:
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One Legal
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File & ServeXpress
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First Legal
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TurboCourt
These platforms offer user-friendly portals where you can upload your documents, pay fees, and receive confirmations.
How to File
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Complete Form EJ-001: Make sure all required fields are filled out accurately. Include the case number, debtor’s information, amount of the judgment, interest, and costs if applicable.
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Log in to Your EFSP Account: If you don’t have an account, you’ll need to create one.
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Upload the Abstract: Submit the completed EJ-001 form. You may be prompted to categorize the document correctly (e.g., "Abstract of Judgment").
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Pay the Filing Fee: The filing fee may vary, so check with the San Benito court website or your EFSP.
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Wait for Court Confirmation: Once accepted, you will receive a conformed copy stamped by the court. This is the version you’ll use to record the lien.
Step 2: eRecording the Abstract with the San Benito County Recorder
Now that you have a court-approved Abstract of Judgment, it’s time to make it enforceable as a lien by recording it with the San Benito County Recorder’s Office.
What Is eRecording?
eRecording allows documents to be submitted and recorded electronically without having to physically visit the Recorder’s Office. San Benito County participates in this process via trusted vendors and the California e-Recording Transaction Network.
How to eRecord
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Get a Certified Copy: Some counties require a certified Abstract of Judgment. Check with the San Benito Recorder’s Office to confirm whether a conformed or certified copy is required.
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Use an eRecording Vendor: Submit the Abstract through an authorized eRecording vendor such as:
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Simplifile
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CSC eRecording
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eRecording Partners Network (ePN)
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Pay the Recording Fee: Fees vary based on page count and document type. As of 2024, the fee for recording most documents in San Benito County is around $15–20 for the first page.
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Receive Recorded Copy: Once the document is successfully recorded, you will receive an image or confirmation of the recorded Abstract, complete with the Recorder’s stamp and recording number.
Why eFiling and eRecording Matters
Using the electronic system offers several advantages:
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Speed: eFiling and eRecording significantly reduce processing times.
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Convenience: No need to travel to the courthouse or recorder’s office.
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Tracking: Most EFSPs and eRecording platforms allow you to monitor your document’s progress in real time.
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Accuracy: Many platforms check for formatting errors before submission, helping avoid rejection.
Common Mistakes to Avoid
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Submitting the Wrong Form: Make sure you’re using Form EJ-001, and that all fields are completed accurately.
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Failing to Include All Debtors: List every debtor listed in the original judgment.
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Using an Uncertified Copy for Recording: Some counties require a certified copy; double-check with San Benito.
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Incorrect Formatting: The Recorder may reject documents that don’t follow margin or font size rules.
Final Thoughts
Recording an Abstract of Judgment in San Benito County has never been easier thanks to the county’s eFiling and eRecording options. Whether you are a legal professional or a creditor acting on your own, this efficient system can help you enforce your court award with minimal hassle.
To make the process seamless:
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Use a trusted EFSP and eRecording vendor.
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Ensure your documents are complete and error-free.
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Follow all local court and Recorder’s Office guidelines.
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