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§ 883.Motion For Order Determining Liability For Contribution Or Repayment

Title 11. Contribution Among Joint Judgment Debtors · Chapter 2. Contribution Among Other Judgment Debtors · Last amended 1999 · Last verified July 28, 2026

In one sentenceSection 883 lets a judgment debtor entitled to contribution or repayment under Chapter 2 apply by noticed motion to the court that entered the judgment for an order determining liability, at any time before the judgment is satisfied in full or within thirty days after, and that order gives the applicant the benefit of the judgment to enforce the liability.

Full Text of § 883

Text sizeJump to: (a) (b) (c)

(a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the judgment for an order determining liability for contribution or repayment. The application shall be made at any time before the judgment is satisfied in full or within 30 days thereafter.
(b) The order determining liability for contribution or repayment entitles the judgment debtor to the benefit of the judgment to enforce the liability, including every remedy that the judgment creditor has against the persons liable, to the extent of the liability.
(c) Nothing in this section limits any other remedy that a judgment debtor entitled to contribution or repayment may have.

Plain-English Summary

This section supplies Chapter 2's version of § 878's contribution motion. A judgment debtor entitled to compel contribution or repayment under § 882 applies to the same court that entered the underlying judgment, by noticed motion, asking for an order determining who owes what. The application window runs from any time before the judgment is fully satisfied through thirty days after satisfaction — a debtor who pays off a joint judgment doesn't have to seek contribution before finishing that payment, and still has a month afterward to act.

Subdivision (b) gives the resulting order real teeth: it entitles the judgment debtor to the benefit of the original judgment for purposes of enforcing the contribution or repayment liability, including every remedy the judgment creditor itself had — the paying debtor essentially steps into the creditor's shoes against the co-debtors who owe reimbursement. Subdivision (c) makes clear this procedure doesn't foreclose any other remedy a debtor entitled to contribution or repayment might otherwise have, such as a separate action.

Frequently Asked Questions

How does a judgment debtor collect contribution or repayment under Chapter 2?

By noticed motion to the court that entered the underlying judgment, asking for an order determining liability for contribution or repayment.

What's the deadline to apply for that order?

Any time before the judgment is satisfied in full, or within thirty days after it is satisfied in full.

What does the resulting order let the applicant do?

It gives the judgment debtor the benefit of the original judgment to enforce the contribution or repayment liability, including every remedy the judgment creditor had against the persons liable.

Does using this motion procedure give up any other remedies?

No, subdivision (c) preserves any other remedy the judgment debtor entitled to contribution or repayment may have.

Amendment History

Amended by Stats. 1998, Ch. 77, Sec. 1. Effective January 1, 1999.

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: motion determining liability contribution californiarepayment surety motion california