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§ 680.135.Affidavit of Identity

Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Enacted 2000 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 680.135 defines the affidavit of identity a judgment creditor files with the court clerk when applying for a writ of execution or abstract of judgment, explaining that the debtor uses additional names, while barring its use to sweep in separate entities the debtor merely owns or belongs to.

Full Text of § 680.135

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"Affidavit of Identity" means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor's additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.

Plain-English Summary

Judgment debtors do not always use one consistent name. Someone might be sued and hold a judgment against them as "Robert J. Smith" but sign leases, titles, or bank accounts as "Bob Smith" or "R.J. Smith." The affidavit of identity is the tool that bridges that gap: a sworn statement, filed with the clerk when the creditor applies for a writ of execution or an abstract of judgment, that lays out the case name and number, the debtor's name as it appears in the judgment, any additional name the debtor goes by, and the facts supporting that connection.

The point is practical rather than technical. Levying officers, title companies, and county recorders often need to match a judgment against real-world records -- vehicle titles, real property records, bank accounts -- and those records may reflect a name variant the judgment itself does not use. This affidavit gives the creditor a documented, sworn basis for that match.

The section also draws a firm boundary. It cannot be used to reach separate legal entities the debtor merely has a stake in -- a corporation, partnership, or other entity in which the judgment debtor is a partner, shareholder, or member, but which is not itself named in the judgment. In other words, the affidavit fixes name variants for the same person; it is not a shortcut for reaching a business entity the debtor happens to own.

Frequently Asked Questions

When does a judgment creditor file an affidavit of identity?

At the time the creditor files for a writ of execution or an abstract of judgment, if the judgment debtor is known by an additional name or names beyond the one stated in the judgment.

What must the affidavit of identity include?

The case name and number, the judgment debtor's name as stated in the judgment, any additional name the debtor is known by, and the facts the creditor relied on to establish that additional name.

Can a creditor use this affidavit to reach a corporation the debtor partly owns?

No. Section 680.135 expressly excludes the names of corporations, partnerships, or other legal entities not separately named in the judgment, even if the judgment debtor is a partner, shareholder, or member of that entity.

Amendment History

Added by Stats 2000 ch 639 (AB 2405), s 2, eff. 1/1/2001.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: affidavit of identity california judgmentjudgment debtor alias writ of execution california