Judge Mark E. Windham, Case Number: 20STLC02233, Date: 2023-05-22 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Progressive Direct Ins. Co. v. Franco, et al.

MOTION TO PAY JUDGMENT IN INSTALLMENTS

Judgment Debtor’s Motion for Order to Pay Judgment in Installments is GRANTED. JUDGMENT IS TO BE PAID IN INSTALLMENTS OF $25.00 PER MONTH.

On March 6, 2020, Plaintiff Progressive Direct Insurance Company (“Judgment Creditor”) filed the instant action against Defendant David Franco (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on June 22, 2022.

On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. No opposition has been filed to date.

Judgment Debtor moves pursuant to Code of Civil Procedure section 582.5, which states in relevant part:

In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties, regardless of the nature of the underlying debt and regardless of whether the moving party appeared before entry of the judgment or order.

(Code Civ. Proc., § 582.5.) In making such a ruling, the Court is to consider the same factors it would consider in ruling on a claim of exemption or examination of a debtor under Code of Civil Procedure sections 703.010, et seq. and 708.110, et seq., respectively. (Code Civ. Proc., § 582.5.) For example, “the court shall take into account all property of the judgment debtor and, to the extent the judgment debtor has a spouse and dependents or family, all property of such spouse and dependents or family . . . .” (Code Civ. Proc., § 703.115.)

Judgment Debtor submits a declaration attesting that he has been unemployed since December 2022 and lives rent-free, with his three minor children, with his parents. (Motion, Franco Decl., ¶3.) Judgment Debtor was previously paying child support, but in December 2022, his ex-wife agreed to suspend those payments until he became employed. (Id. at ¶¶6, 9 and Exh. A.) Judgment Debtor has approximately $530.00 in monthly expenses at this time and no monthly income or other assets. (Id. at ¶19.) Based on Judgment Debtor’s financial circumstances, which Judgment Creditor does not contest, the Court finds it appropriate to order the judgment paid in installments of $25.00 per month. (Id. at ¶14.)

Judgment Debtor’s Motion for Order to Pay Judgment in Installments is GRANTED. JUDGMENT IS TO BE PAID IN INSTALLMENTS OF $25.00 PER MONTH.