§ 9-12-22.Effect of transfer by attorney; ratification
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-22
Plain-English Summary
An attorney of record sometimes handles the transfer of a judgment rather than the judgment holder personally, and this section decides how far that authority reaches. The transfer is good to pass title against everyone except the person in whose favor the judgment was entered or that person's assignee who took without notice of the attorney's transfer.
That carve-out protects the actual judgment holder, and anyone who later takes an assignment from that holder without knowing about the attorney's earlier transfer, from being bound by something the attorney did without the holder's authorization. Against every other person, though, the attorney's transfer stands.
The holder can still validate the transfer through ratification, and once ratification happens, the holder is estopped from denying it later. The statute does not require a formal act of approval to get there: receiving the money from the transfer counts as ratification on its own, closing off any later claim that the attorney acted without authority.
Frequently Asked Questions
Whose transfer of a judgment does this section address?
A transfer made by the attorney of record for the person in whose favor the judgment was entered, rather than by that person directly.
Against whom is the attorney's transfer effective to pass title?
Against everyone except the person in whose favor the judgment was entered, or that person's assignee who took without notice of the attorney's transfer.
What does ratification by the plaintiff do to the plaintiff's ability to contest the transfer later?
It estops the plaintiff from denying the transfer.
Does the plaintiff have to expressly approve the attorney's transfer to ratify it?
No. Receiving the money from the transfer counts as ratification on its own under this section.
What protects a person who takes an assignment directly from the plaintiff without knowing about the attorney's transfer?
The statute excepts that assignee — one “without notice” — from being bound by the attorney's earlier transfer.
Amendment History
Orig. Code 1863, § 3517; Code 1868, § 3540; Code 1873, § 3598; Code 1882, § 3598; Civil Code 1895, § 5375; Civil Code 1910, § 5970; Code 1933, § 110-902.