ENFORCEMENT OF JUDGMENTS LAW

CCP §§ 680.010-724.260

CODE OF CIVIL PROCEDURE

TITLE 9

Enforcement of Judgments Law

 

680.010. This title shall be known and may be cited as the

Enforcement of Judgments Law.

 

680.110. Unless the provision or context otherwise requires, the

definitions in this chapter govern the construction of this title.

 

680.120. "Account debtor" means "account debtor" as defined in

paragraph (3) of subdivision (a) of Section 9102 of the Commercial

Code.

 

680.130. "Account receivable" means "account" as defined in

paragraph (2) of subdivision (a) of Section 9102 of the Commercial

Code.

 

680.135. "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.

 

680.140. "Chattel paper" means "chattel paper" as defined in

paragraph (11) of subdivision (a) of Section 9102 of the Commercial

Code.

 

680.145. "Child support" includes family support.

 

680.150. "Costs" means costs and disbursements, including but not

limited to statutory fees, charges, commissions, and expenses.

 

680.160. "Court" means the court where the judgment sought to be

enforced was entered.

 

680.170. "Deposit account" means "deposit account" as defined in

paragraph (29) of subdivision (a) of Section 9102 of the Commercial

Code.

 

680.180. "Document of title" means "document" as defined in

paragraph (30) of subdivision (a) of Section 9102 of the Commercial

Code. A document of title is negotiable if it is negotiable within

the meaning of Section 7104 of the Commercial Code.

 

680.190. "Equity" means the fair market value of the interest of

the judgment debtor in property, or in the case of community property

the fair market value of the interest of the judgment debtor and the

spouse of the judgment debtor in the property, over and above all

liens and encumbrances on the interest superior to the judgment

creditor's lien.

 

680.200. "Financial institution" means a state or national bank,

state or federal savings and loan association or credit union, or

like organization, and includes a corporation engaged in a safe

deposit business.

 

680.210. "General intangibles" means "general intangibles," as

defined in paragraph (42) of subdivision (a) of Section 9102 of the

Commercial Code, consisting of rights to payment.

 

680.220. "Instrument" means "instrument", as defined in paragraph

(47) of subdivision (a) of Section 9102 of the Commercial Code.

 

680.230. "Judgment" means a judgment, order, or decree entered in a

court of this state.

 

680.240. "Judgment creditor" means the person in whose favor a

judgment is rendered or, if there is an assignee of record, means the

assignee of record. Unless the context otherwise requires, the term

also includes the guardian or conservator of the estate, personal

representative, or other successor in interest of the judgment

creditor or assignee of record.

 

680.250. "Judgment debtor" means the person against whom a judgment

is rendered.

 

680.260. "Levying officer" means the sheriff or marshal.

 

680.270. "Money judgment" means that part of a judgment that

requires the payment of money.

 

680.280. "Person" includes a natural person, a corporation, a

partnership or other unincorporated association, a general partner of

a partnership, a limited liability company, and a public entity.

 

680.290. "Personal property" includes both tangible and intangible

personal property.

 

680.300. "Principal amount of the judgment" means the total amount

of the judgment as entered or as last renewed, together with the

costs thereafter added to the judgment pursuant to Section 685.090,

reduced by any partial satisfactions of such amount and costs and by

any amounts no longer enforceable.

 

680.310. "Property" includes real and personal property and any

interest therein.

 

680.320. "Real property" includes any right in real property,

including but not limited to a leasehold interest in real property.

 

680.330. "Registered process server" means a person registered as a

process server pursuant to Chapter 16 (commencing with Section

22350) of Division 8 of the Business and Professions Code.

 

680.340. "Secured party" means "secured party" as defined in

paragraph (72) of subdivision (a) of Section 9102 of the Commercial

Code.

 

680.345. "Security" means a "security" as defined in Section 8102

of the Commercial Code.

 

680.350. "Security agreement" means "security agreement" as defined

in paragraph (73) of subdivision (a) of Section 9102 of the

Commercial Code.

 

680.360. "Security interest" means "security interest" as defined

in Section 1201 of the Commercial Code.

 

680.365. "Spousal support" includes support for a former spouse.

 

680.370. "Tangible personal property" includes chattel paper,

documents of title, instruments, securities, and money.

 

680.380. "Writ" includes a writ of execution, a writ of possession

of personal property, a writ of possession of real property, and a

writ of sale.

 

681.010. Except as otherwise provided by statute:

(a) A money judgment is enforceable as provided in Division 2

(commencing with Section 695.010).

(b) A judgment for possession of personal property is enforceable

as provided in Chapter 2 (commencing with Section 714.010) of

Division 3.

(c) A judgment for possession of real property is enforceable as

provided in Chapter 3 (commencing with Section 715.010) of Division

3.

(d) A judgment for sale of real or personal property is

enforceable as provided in Chapter 4 (commencing with Section

716.010) of Division 3.

(e) A judgment requiring performance of an act not described in

subdivisions (a) to (d), inclusive, or requiring forbearance from

performing an act, is enforceable as provided in Chapter 5

(commencing with Section 717.010) of Division 3.

 

681.020. An assignee of a judgment is not entitled to enforce the

judgment under this title unless an acknowledgment of assignment of

judgment to that assignee has been filed under Section 673 or the

assignee has otherwise become an assignee of record.

 

681.030. (a) The Judicial Council may provide by rule for the

practice and procedure in proceedings under this title.

(b) The Judicial Council may prescribe the form of the

applications, notices, orders, writs, and other papers to be used

under this title. The Judicial Council may prescribe forms in

languages other than English. The timely completion and return of a

Judicial Council form prescribed in a language other than English has

the same force and effect as the timely completion and return of an

English language form.

(c) The Judicial Council shall prepare a form containing all of

the following:

(1) A list of each of the federal and this state's exemptions from

enforcement of a money judgment against a natural person.

(2) A citation to the relevant statute of the United States or

this state which creates each of the exemptions.

(3) Information on how to obtain the list of exemption amounts

published pursuant to subdivision (d) of Section 703.150.

 

681.040. If a paper is required or permitted to be filed with a

levying officer under this title, the paper is considered filed when

it is actually received by the levying officer.

 

681.050. If any provision or clause of this title or application

thereof to any person or circumstances is held invalid, the

invalidity does not affect other provisions or applications of this

title which can be given effect without the invalid provision or

application, and to this end the provisions of this title are

severable.

 

683.010. Except as otherwise provided by statute or in the

judgment, a judgment is enforceable under this title upon entry.

 

683.020. Except as otherwise provided by statute, upon the

expiration of 10 years after the date of entry of a money judgment or

a judgment for possession or sale of property:

(a) The judgment may not be enforced.

(b) All enforcement procedures pursuant to the judgment or to a

writ or order issued pursuant to the judgment shall cease.

(c) Any lien created by an enforcement procedure pursuant to the

judgment is extinguished.

 

683.030. If a money judgment is payable in installments, the

10-year period of enforceability prescribed by Section 683.020 runs

as to each installment from the date the installment becomes due and

runs as to costs from the date the costs are added to the judgment

pursuant to Section 685.090.

 

683.040. If the judgment creditor applies for a writ for the

enforcement of a judgment and the application is made more than 10

years after the date the judgment was entered or renewed, the

application shall be accompanied by an affidavit of a person having

knowledge of the facts stating facts showing that the issuance of the

writ sought in the application is not barred under this chapter. A

copy of the affidavit shall be attached to the writ when issued.

 

683.050. Nothing in this chapter limits any right the judgment

creditor may have to bring an action on a judgment, but any such

action shall be commenced within the period prescribed by Section

337.5.

 

683.110. (a) The period of enforceability of a money judgment or a

judgment for possession or sale of property may be extended by

renewal of the judgment as provided in this article.

(b) A judgment shall not be renewed under this article if the

application for renewal is filed within five years from the time the

judgment was previously renewed under this article.

 

683.120. (a) The judgment creditor may renew a judgment by filing

an application for renewal of the judgment with the court in which

the judgment was entered.

(b) Except as otherwise provided in this article, the filing of

the application renews the judgment in the amount determined under

Section 683.150 and extends the period of enforceability of the

judgment as renewed for a period of 10 years from the date the

application is filed.

(c) In the case of a money judgment payable in installments, for

the purposes of enforcement and of any later renewal, the amount of

the judgment as renewed shall be treated as a lump-sum money judgment

entered on the date the application is filed.

 

683.130. (a) In the case of a lump-sum money judgment or a judgment

for possession or sale of property, the application for renewal of

the judgment may be filed at any time before the expiration of the

10-year period of enforceability provided by Section 683.020 or, if

the judgment is a renewed judgment, at any time before the expiration

of the 10-year period of enforceability of the renewed judgment

provided by Section 683.120.

(b) In the case of a money judgment payable in installments, the

application for renewal of the judgment may be filed:

(1) If the judgment has not previously been renewed, at any time

as to past due amounts that at the time of filing are not barred by

the expiration of the 10-year period of enforceability provided by

Sections 683.020 and 683.030.

(2) If the judgment has previously been renewed, within the time

specified by subdivision (a) as to the amount of the judgment as

previously renewed and, as to any past due amounts that became due

and payable after the previous renewal, at any time before the

expiration of the 10-year period of enforceability provided by

Sections 683.020 and 683.030.

 

683.140. The application for renewal of the judgment shall be

executed under oath and shall include all of the following:

(a) The title of the court where the judgment is entered and the

cause and number of the action.

(b) The date of entry of the judgment and of any renewals of the

judgment and where entered in the records of the court.

(c) The name and address of the judgment creditor and the name and

last known address of the judgment debtor.

(d) In the case of a money judgment, the information necessary to

compute the amount of the judgment as renewed. In the case of a

judgment for possession or sale of property, a description of the

performance remaining due.

 

683.150. (a) Upon the filing of the application, the court clerk

shall enter the renewal of the judgment in the court records.

(b) The fee for filing an application for renewal of judgment is

as provided in subdivision (b) of Section 70626 of the Government

Code.

(c) In the case of a money judgment, the entry of renewal shall

show the amount of the judgment as renewed. Except as provided in

subdivisions (d) and (e), this amount is the amount required to

satisfy the judgment on the date of the filing of the application for

renewal and includes the fee for the filing of the application for

renewal.

(d) In the case of a money judgment payable in installments not

previously renewed, the amount of the judgment as renewed is the

total of the past due installments, the costs added to the judgment

pursuant to Section 685.090, and the accrued interest, which remains

unsatisfied and is enforceable on the date of the filing of the

application for renewal and includes the fee for the filing of the

application for renewal.

(e) In the case of a money judgment payable in installments

previously renewed, the amount of the judgment as renewed under the

latest renewal is the total of the following which remains

unsatisfied and is enforceable on the date of the filing of the

application for the latest renewal:

(1) The amount of the judgment as renewed under the previous

renewal.

(2) The past due installments that became due and payable after

the previous renewal.

(3) The costs that have been added to the judgment pursuant to

Section 685.090 after the previous renewal.

(4) The interest that has accrued on the amounts described in

paragraphs (1), (2), and (3) since the last renewal.

(5) The fee for filing the application for renewal.

(f) In the case of a judgment for possession or sale of property,

the entry of renewal shall describe the performance remaining due.

 

683.160. (a) The judgment creditor shall serve a notice of renewal

of the judgment on the judgment debtor. Service shall be made

personally or by first-class mail and proof of service shall be filed

with the court clerk. The notice shall be in a form prescribed by

the Judicial Council and shall inform the judgment debtor that the

judgment debtor has 30 days within which to make a motion to vacate

or modify the renewal.

(b) Until proof of service is filed pursuant to subdivision (a),

no writ may be issued, nor may any enforcement proceedings be

commenced to enforce the judgment, except to the extent that the

judgment would be enforceable had it not been renewed.

 

683.170. (a) The renewal of a judgment pursuant to this article may

be vacated on any ground that would be a defense to an action on the

judgment, including the ground that the amount of the renewed

judgment as entered pursuant to this article is incorrect, and shall

be vacated if the application for renewal was filed within five years

from the time the judgment was previously renewed under this

article.

(b) Not later than 30 days after service of the notice of renewal

pursuant to Section 683.160, the judgment debtor may apply by noticed

motion under this section for an order of the court vacating the

renewal of the judgment. The notice of motion shall be served on the

judgment creditor. Service shall be made personally or by mail.

(c) Upon the hearing of the motion, the renewal may be ordered

vacated upon any ground provided in subdivision (a), and another and

different renewal may be entered, including, but not limited to, the

renewal of the judgment in a different amount if the decision of the

court is that the judgment creditor is entitled to renewal in a

different amount.

 

683.180. (a) If a judgment lien on an interest in real property has

been created pursuant to a money judgment and the judgment is

renewed pursuant to this article, the duration of the judgment lien

is extended until 10 years from the date of the filing of the

application for renewal if, before the expiration of the judgment

lien, a certified copy of the application for renewal is recorded

with the county recorder of the county where the real property

subject to the judgment lien is located.

(b) A judgment lien on an interest in real property that has been

transferred subject to the lien is not extended pursuant to

subdivision (a) if the transfer was recorded before the application

for renewal was filed unless both of the following requirements are

satisfied:

(1) A copy of the application for renewal is personally served on

the transferee.

(2) Proof of such service is filed with the court clerk within 90

days after the filing of the application for renewal.

 

683.190. If a lien (other than a judgment lien on an interest in

real property or an execution lien) has been created by an

enforcement procedure pursuant to a judgment and the judgment is

renewed pursuant to this article, the duration of the lien is

extended, subject to any other limitations on its duration under this

title, until 10 years from the date of the filing of the application

for renewal of the judgment if, before the expiration of the lien, a

certified copy of the application for renewal is served on or filed

with the same person and in the same manner as the notice or order

that created the lien.

 

683.200. If a judgment is renewed pursuant to this article, any

enforcement proceeding previously commenced pursuant to the judgment

or to a writ or order issued pursuant to the judgment that would have

ceased pursuant to Section 683.020 had the judgment not been renewed

may be continued, subject to any other limitations provided in this

title, if, before the expiration of the prior 10-year period of

enforceability, a certified copy of the application for renewal of

the judgment is filed with the levying officer, receiver, or other

officer acting pursuant to such writ or order or, in other cases, is

filed in the enforcement proceeding.

 

683.210. A judgment may be renewed notwithstanding any stay of

enforcement of the judgment, but the renewal of the judgment does not

affect the stay of enforcement.

 

683.220. If a judgment is renewed pursuant to this article, the

date of the filing of the application for renewal shall be deemed to

be the date that the period for commencing an action on the renewed

judgment commences to run under Section 337.5.

 

683.310. Except as otherwise provided in the Family Code, this

chapter does not apply to a judgment or order made or entered

pursuant to the Family Code.

 

683.320. This chapter does not apply to a money judgment against a

public entity that is subject to Section 965.5 or 970.1 of the

Government Code.

 

684.010. Subject to Chapter 1 (commencing with Section 283) of

Title 5 of Part 1 of this code and Section 215 of the Family Code,

when a notice, order, or other paper is required to be served under

this title on the judgment creditor, it shall be served on the

judgment creditor's attorney of record rather than on the judgment

creditor if the judgment creditor has an attorney of record.

 

684.020. (a) Except as provided in subdivision (b), when a writ,

notice, order, or other paper is required to be served under this

title on the judgment debtor, it shall be served on the judgment

debtor instead of the attorney for the judgment debtor.

(b) The writ, notice, order, or other paper shall be served on the

attorney specified by the judgment debtor rather than on the

judgment debtor if all of the following requirements are satisfied:

(1) The judgment debtor has filed with the court and served on the

judgment creditor a request that service on the judgment debtor

under this title be made by serving the attorney specified in the

request. Service on the judgment creditor of the request shall be

made personally or by mail. The request shall include a consent,

signed by the attorney, to receive service under this title on behalf

of the judgment debtor.

(2) The request has not been revoked by the judgment debtor.

(3) The consent to receive service has not been revoked by the

attorney.

(c) A request or consent under subdivision (b) may be revoked by

filing with the court a notice revoking the request or consent. A

copy of the notice revoking the request or consent shall be served on

the judgment creditor. Service shall be made personally or by mail.

The judgment creditor is not bound by the revocation until the

judgment creditor has received a copy of the notice revoking the

request or consent.

 

684.030. Sections 684.010 and 684.020 do not apply to either of the

following:

(a) A subpoena or other process to require the attendance of a

party.

(b) A paper to bring a party into contempt.

 

684.040. If service on an attorney is required under this article,

service on the attorney shall be made in any of the following ways:

(a) By personal delivery to the attorney.

(b) By service in the manner provided in subdivision (1) of

Section 1011.

(c) By mail in the manner provided in Section 684.120.

 

684.050. Service on the attorney for the judgment creditor or the

judgment debtor pursuant to the provisions of this article

constitutes service on the judgment creditor or judgment debtor for

the purposes of this title.

 

684.110. (a) Subject to subdivisions (b), (c), and (d), if a writ,

notice, order, or other paper is required to be personally served

under this title, service shall be made in the same manner as a

summons is served under Chapter 4 (commencing with Section 413.10) of

Title 5.

(b) If the paper is required to be personally served under this

title and service on an attorney is required under Article 1

(commencing with Section 684.010), service shall be made on the

attorney in the manner provided in Section 684.040.

(c) If the service is on (1) a financial institution, (2) a title

insurer (as defined in Section 12340.4 of the Insurance Code) or

underwritten title company (as defined in Section 12340.5 of the

Insurance Code), or (3) an industrial loan company (as defined in

Section 18003 of the Financial Code), service shall be made at the

office or branch that has actual possession of the property levied

upon or at which a deposit account levied upon is carried and shall

be made upon the officer, manager, or other person in charge of the

office or branch at the time of service.

(d) Subject to subdivision (c), if a levy is made by personally

serving a copy of the writ and notice of levy on a third person,

service on the third person shall be made in the same manner as a

summons may be served under Section 415.10 or 415.20.

 

684.120. (a) Except as otherwise provided in this title, if a writ,

notice, order, or other paper is to be served by mail under this

title, it shall be sent by first-class mail (unless some other type

of mail is specifically required) and shall be deposited in a post

office, mailbox, sub-post office, substation, mail chute, or other

like facility regularly maintained by the United States Postal

Service, in a sealed envelope, with postage paid, addressed as

follows:

(1) If an attorney is being served in place of the judgment

creditor or judgment debtor as provided in Section 684.010 or

684.020, to the attorney at the last address given by the attorney on

any paper filed in the proceeding and served on the party making the

service.

(2) If any other person is being served, to such person at the

person's current mailing address if known or, if unknown, at the

address last given by the person on any paper filed in the proceeding

and served on the party making the service.

(3) If the mailing cannot be made as provided in paragraph (1) or

(2), to the person at the person's last known address.

(b) Service by mail is complete at the time of deposit; but,

unless the court prescribes a shorter period of time, any prescribed

period of notice and any right or duty to do any act or make any

response within any prescribed period or on a date certain after a

paper is served by mail is extended:

(1) Five days if the place of address is within the State of

California.

(2) Ten days if the place of address is outside the State of

California but within the United States.

(3) Twenty days if the place of address is outside the United

States.

(c) The writ, notice, order, or other paper served by mail under

this section shall bear a notation of the date and place of mailing

or be accompanied by an unsigned copy of the affidavit or certificate

of mailing. This subdivision is directory only.

 

684.130. (a) If the levying officer is required by any provision of

this title to serve any writ, order, notice, or other paper on any

person, the judgment creditor shall include in the instructions to

the levying officer the correct name and address of the person. The

judgment creditor shall use reasonable diligence to ascertain the

correct name and address of the person.

(b) Unless the levying officer has actual knowledge that the name

or address included in the instructions is incorrect, the levying

officer shall rely on the instructions in serving the writ, order,

notice, or other paper on the person.

 

684.140. If a provision of this title provides for service by the

levying officer of an order, notice, or other paper that runs in

favor of a particular person, personal service of the paper may be

made by the person or the person's agent if the levying officer gives

permission. The levying officer's permission may be evidenced by a

certificate signed by the levying officer. This section does not

authorize the levying officer to give permission to serve a writ or

notice of levy. If service is made by a person or the person's agent

pursuant to this section, the cost of the service is not a

recoverable cost. Nothing in this section limits the authority of a

registered process server provided in this title.

 

684.210. If service of notice of a court hearing is required under

this title, proof of service of the notice shall be made at or before

the hearing to the satisfaction of the court.

 

684.220. Proof of service or of posting or publication under this

title may be made by, but is not limited to, the following means:

(a) If service is made in the same manner as a summons is served

under Chapter 4 (commencing with Section 413.10) of Title 5, proof of

service may be made in the manner provided in Article 5 (commencing

with Section 417.10) of that chapter.

(b) If service is made in the same manner as a summons is served

under Section 415.10 or 415.20, proof of service may be made by

affidavit of the person making the service showing the time, place,

and manner of service and the facts showing that the service was made

in accordance with the applicable statutory provisions. The

affidavit shall recite or in other manner show the name of the person

to whom the papers served were delivered and, if appropriate, the

title of the person or the capacity in which the person was served.

(c) Proof of service by mail as provided in Section 684.120 may be

made in the manner prescribed in Section 1013a.

(d) Proof of posting may be made by the affidavit of the person

who posted the notice, showing the time and place of posting.

(e) Proof of publication may be made by the affidavit of the

publisher or printer, or the foreman or principal clerk of the

publisher or printer, showing the time and place of publication.

(f) Proof of service may be made by the written admission of the

person served.

(g) Proof of service however made, or of posting or publication,

may be made by testimonial evidence.

684.310. Except for Sections 684.130 and 684.140, the provisions of

Article 1 (commencing with Section 684.010) and Article 2

(commencing with Section 684.110) do not apply to service under

Chapter 5 (commencing with Section 706.010) of Division 2 (wage

garnishment).

 

685.010. (a) Interest accrues at the rate of 10 percent per annum

on the principal amount of a money judgment remaining unsatisfied.

(b) The Legislature reserves the right to change the rate of

interest provided in subdivision (a) at any time to a rate of less

than 10 percent per annum, regardless of the date of entry of the

judgment or the date any obligation upon which the judgment is based

was incurred. A change in the rate of interest may be made

applicable only to the interest that accrues after the operative date

of the statute that changes the rate.

 

685.020. (a) Except as provided in subdivision (b), interest

commences to accrue on a money judgment on the date of entry of the

judgment.

(b) Unless the judgment otherwise provides, if a money judgment is

payable in installments, interest commences to accrue as to each

installment on the date the installment becomes due.

685.030. (a) If a money judgment is satisfied in full pursuant to a

writ under this title, interest ceases to accrue on the judgment:

(1) If the proceeds of collection are paid in a lump sum, on the

date of levy.

(2) If the money judgment is satisfied pursuant to an earnings

withholding order, on the date and in the manner provided in Section

706.024 or Section 706.028.

(3) In any other case, on the date the proceeds of sale or

collection are actually received by the levying officer.

(b) If a money judgment is satisfied in full other than pursuant

to a writ under this title, interest ceases to accrue on the date the

judgment is satisfied in full.

(c) If a money judgment is partially satisfied pursuant to a writ

under this title or is otherwise partially satisfied, interest ceases

to accrue as to the part satisfied on the date the part is

satisfied.

(d) For the purposes of subdivisions (b) and (c), the date a money

judgment is satisfied in full or in part is the earliest of the

following times:

(1) The date satisfaction is actually received by the judgment

creditor.

(2) The date satisfaction is tendered to the judgment creditor or

deposited in court for the judgment creditor.

(3) The date of any other performance that has the effect of

satisfaction.

(e) The clerk of a court may enter in the Register of Actions a

writ of execution on a money judgment as returned wholly satisfied

when the judgment amount, as specified on the writ, is fully

collected and only an interest deficit of no more than ten dollars

($10) exists, due to automation of the continual daily interest

accrual calculation.

 

685.040. The judgment creditor is entitled to the reasonable and

necessary costs of enforcing a judgment. Attorney's fees incurred in

enforcing a judgment are not included in costs collectible under

this title unless otherwise provided by law. Attorney's fees

incurred in enforcing a judgment are included as costs collectible

under this title if the underlying judgment includes an award of

attorney's fees to the judgment creditor pursuant to subparagraph (A)

of paragraph (10) of subdivision (a) of Section 1033.5.

 

685.050. (a) If a writ is issued pursuant to this title to enforce

a judgment, the costs and interest to be satisfied in a levy under

the writ are the following:

(1) The statutory fee for issuance of the writ.

(2) The amount of interest that has accrued from the date of entry

or renewal of the judgment to the date of issuance of the writ, as

adjusted for partial satisfactions, if the judgment creditor has

filed an affidavit with the court clerk stating such amount.

(3) The amount of interest that accrues on the principal amount of

the judgment remaining unsatisfied from the date of issuance of the

writ until the date interest ceases to accrue.

(4) The levying officer's statutory costs for performing the

duties under the writ.

(b) In a levy under the writ, the levying officer shall do all of

the following:

(1) Collect the amount of costs and interest entered on the writ

pursuant to paragraphs (1) and (2) of subdivision (a).

(2) Compute and collect the amount of additional interest required

to be collected by paragraph (3) of subdivision (a) by reference to

the daily interest entered on the writ. If amounts collected

periodically do not fully satisfy the money judgment, the levying

officer may, pursuant to a policy adopted by the office of the

levying officer, adjust the amount of daily interest to reflect the

partial satisfactions, and make later collections by reference to the

adjusted amount of daily interest.

(3) Determine and collect the amount of additional costs pursuant

to paragraph (4) of subdivision (a).

 

685.070. (a) The judgment creditor may claim under this section the

following costs of enforcing a judgment:

(1) Statutory fees for preparing and issuing, and recording and

indexing, an abstract of judgment or a certified copy of a judgment.

 

(2) Statutory fees for filing a notice of judgment lien on

personal property.

(3) Statutory fees for issuing a writ for the enforcement of the

judgment to the extent that the fees are not satisfied pursuant to

Section 685.050.

(4) Statutory costs of the levying officer for performing the

duties under a writ to the extent that the costs are not satisfied

pursuant to Section 685.050 and the statutory fee of the levying

officer for performing the duties under the Wage Garnishment Law to

the extent that the fee has not been satisfied pursuant to the wage

garnishment.

(5) Costs incurred in connection with any proceeding under Chapter

6 (commencing with Section 708.010) of Division 2 that have been

approved as to amount, reasonableness, and necessity by the judge or

referee conducting the proceeding.

(6) Attorney's fees, if allowed by Section 685.040.

(b) Before the judgment is fully satisfied but not later than two

years after the costs have been incurred, the judgment creditor

claiming costs under this section shall file a memorandum of costs

with the court clerk and serve a copy on the judgment debtor.

Service shall be made personally or by mail. The memorandum of costs

shall be executed under oath by a person who has knowledge of the

facts and shall state that to the person's best knowledge and belief

the costs are correct, are reasonable and necessary, and have not

been satisfied.

(c) Within 10 days after the memorandum of costs is served on the

judgment debtor, the judgment debtor may apply to the court on

noticed motion to have the costs taxed by the court. The notice of

motion shall be served on the judgment creditor. Service shall be

made personally or by mail. The court shall make an order allowing

or disallowing the costs to the extent justified under the

circumstances of the case.

(d) If no motion to tax costs is made within the time provided in

subdivision (c), the costs claimed in the memorandum are allowed.

(e) If a memorandum of costs for the costs specified in

subdivision (a) is filed at the same time as an application for a

writ of execution, these statutory costs not already allowed by the

court in an amount not to exceed one hundred dollars ($100) in the

aggregate may be included in the amount specified in the writ of

execution, subject to subsequent disallowance as ordered by the court

pursuant to a motion to tax if filed by the debtor. The memorandum

of costs shall contain the following statement: "The fees sought

under this memorandum may be disallowed by a court upon a motion to

tax filed by the debtor notwithstanding the fees having been included

in the writ of execution." The inclusion of the above costs in the

writ of execution or the pendency of the motion to tax on these costs

shall not be cause for the clerk of the court to delay issuing the

writ of execution or for the levying officer to delay enforcing the

writ of execution.

(f) Section 1013, extending the time within which a right may be

exercised or an act may be done, applies to this section.

 

685.080. (a) The judgment creditor may claim costs authorized by

Section 685.040 by noticed motion. The motion shall be made before

the judgment is satisfied in full, but not later than two years after

the costs have been incurred. The costs claimed under this section

may include, but are not limited to, costs that may be claimed under

Section 685.070 and costs incurred but not approved by the court or

referee in a proceeding under Chapter 6 (commencing with Section

708.010) of Division 2.

(b) The notice of motion shall describe the costs claimed, shall

state their amount, and shall be supported by an affidavit of a

person who has knowledge of the facts stating that to the person's

best knowledge and belief the costs are correct, are reasonable and

necessary, and have not been satisfied. The notice of motion shall

be served on the judgment debtor. Service shall be made personally

or by mail.

(c) The court shall make an order allowing or disallowing the

costs to the extent justified under the circumstances of the case.

 

685.090. (a) Costs are added to and become a part of the judgment:

(1) Upon the filing of an order allowing the costs pursuant to

this chapter.

(2) If a memorandum of costs is filed pursuant to Section 685.070

and no motion to tax is made, upon the expiration of the time for

making the motion.

(3) As specified in Section 685.095.

(b) The costs added to the judgment pursuant to this section are

included in the principal amount of the judgment remaining

unsatisfied.

(c) If a writ or earnings withholding order is outstanding at the

time the costs are added to the judgment pursuant to this section,

the levying officer shall add the amount of those costs to the

amount to be collected pursuant to the writ or earnings withholding

order if the levying officer receives either of the following before

the writ or earnings withholding order is returned:

(1) A certified copy of the court order allowing the costs.

(2) A certificate from the clerk of the court that the costs have

been added to the judgment where the costs have been added to the

judgment after a memorandum of costs has been filed pursuant to

Section 685.070 and no motion to tax has been made within the time

allowed for making the motion.

(d) The levying officer shall include the costs described in

subdivision (c) in the amount of the sale or collection distributed

to the judgment creditor only if the levying officer receives the

certified copy of the court order or the clerk's certificate before

the distribution is made.

 

685.095. When a writ is served by a levying officer or registered

process server, the costs for that service, as determined pursuant to

Section 1033.5, shall be added to and become part of the judgment.

 

685.100. (a) Except as otherwise provided by law:

(1) As a prerequisite to the performance by the levying officer of

a duty under this title, the judgment creditor shall deposit a sum

of money with the levying officer sufficient to pay the costs of

performing the duty.

(2) As a prerequisite to the taking of property into custody by

the levying officer, whether by keeper or otherwise, the judgment

creditor shall deposit with the levying officer a sum of money

sufficient to pay the costs of taking the property and keeping it

safely for a period not to exceed 15 days. If continuation of the

custody of the property is required, the levying officer shall, from

time to time, demand orally or in writing that the judgment creditor

deposit additional amounts to cover estimated costs for periods not

to exceed 30 days each. A written demand may be mailed or delivered

to the judgment creditor. The judgment creditor has not less than

three business days after receipt of the demand within which to

comply with the demand. If the amount demanded is not paid within

the time specified in the oral or written demand, the levying officer

shall release the property.

(b) The levying officer is not liable for failure to take or hold

property unless the judgment creditor has complied with the

provisions of this section.

 

685.110. Nothing in this chapter affects the law relating to

prejudgment interest.

 

686.010. After the death of the judgment creditor, the judgment may

be enforced as provided in this title by the judgment creditor's

executor or administrator or successor in interest.

 

686.020. After the death of the judgment debtor, enforcement of a

judgment against property in the judgment debtor's estate is governed

by the Probate Code, and not by this title.

 

687.010. (a) The judgment creditor shall give the levying officer

instructions in writing. The instructions shall be signed by the

judgment creditor's attorney of record or, if the judgment creditor

does not have an attorney of record, by the judgment creditor. The

instructions shall contain the information needed or requested by the

levying officer to comply with the provisions of this title,

including but not limited to:

(1) An adequate description of any property to be levied upon.

(2) A statement whether the property is a dwelling.

(3) If the property is a dwelling, whether it is real or personal

property.

(b) Subject to subdivision (c), the levying officer shall act in

accordance with the written instructions to the extent the actions

are taken in conformance with the provisions of this title.

(c) Except to the extent the levying officer has actual knowledge

that the information is incorrect, the levying officer may rely on

any information contained in the written instructions.

 

687.020. (a) As used in this section, "instrument" means a check,

draft, money order, or other order for the withdrawal of money from a

financial institution, the United States, any state, or any public

entity within any state.

(b) If an instrument is payable to the judgment debtor on demand

and comes into the possession of a levying officer pursuant to this

title, the levying officer shall promptly endorse and present the

instrument for payment.

(c) The levying officer shall endorse the instrument by writing on

the instrument (1) the name of the judgment debtor, (2) the name and

official title of the levying officer, (3) the title of the court

where the judgment is entered, and (4) the date of entry of the

judgment and where entered in the records of the court. The

endorsement is as valid as if the instrument were endorsed by the

judgment debtor. No financial institution or public entity on which

the instrument is drawn is liable to any person for payment of the

instrument to the levying officer rather than to the judgment debtor

by reason of the endorsement. No levying officer is liable by reason

of endorsing, presenting, and obtaining payment of the instrument.

(d) If it appears from the face of the instrument that it has been

tendered to the judgment debtor in satisfaction of a claim or demand

and that endorsement of the instrument is considered a release and

satisfaction by the judgment debtor of the claim or demand, the

levying officer shall not endorse the instrument unless the judgment

debtor has first endorsed it to the levying officer. If the judgment

debtor does not endorse the instrument to the levying officer, the

levying officer shall hold the instrument for 30 days and is not

liable to the judgment debtor or to any other person for delay in

presenting it for payment. At the end of the 30-day holding period,

the levying officer shall return the instrument to the maker.

687.030. Except as otherwise provided by statute, where the method

of levy upon property requires that the property be taken into

custody or where the levying officer is otherwise directed to take

property into custody, the levying officer may do so by any of the

following methods:

(a) Removing the property to a place of safekeeping.

(b) Installing a keeper.

(c) Otherwise obtaining possession or control of the property.

687.040. (a) The levying officer or registered process server is

not liable for actions taken in conformance with the provisions of

this title, including actions taken in conformance with the

provisions of this title in reliance on information contained in the

written instructions of the judgment creditor, or in reliance on

information provided to the levying officer by a registered process

server pursuant to subdivision (d) of Section 699.080 or subdivision

(e) of Section 706.101 or subdivision (b) of Section 715.040 or other

provision, except to the extent the levying officer or registered

process server has actual knowledge that the information is

incorrect. Nothing in this subdivision limits any liability the

judgment creditor may have if the levying officer or registered

process server acts on the basis of incorrect information given in

the written instructions.

(b) Unless the levying officer is negligent in the care or

handling of the property, the levying officer is not liable to either

the judgment debtor or the judgment creditor for loss by fire,

theft, injury, or damage of any kind to personal property while (1)

in the possession of the levying officer either in a warehouse or

other storage place or in the custody of a keeper or (2) in transit

to or from a warehouse or other storage place.

 

687.050. The levying officer has a special lien, dependent upon

possession, on personal property levied upon in the amount of the

levying officer's costs for which an advance has not been made.

 

688.010. For the purpose of the remedies provided under this

article, jurisdiction is conferred upon any of the following courts:

 

(a) The superior court, regardless of whether the municipal court

also has jurisdiction under subdivision (b).

(b) The municipal court if (1) the amount of liability sought to

be collected does not exceed the jurisdictional amount of the court

and (2) the legality of the liability being enforced is not contested

by the person against whom enforcement is sought.

 

688.020. (a) Except as otherwise provided by statute, whenever a

warrant may properly be issued by the state, or by a department or

agency of the state, pursuant to any provision of the Public

Resources Code, Revenue and Taxation Code, or Unemployment Insurance

Code, and the warrant may be levied with the same effect as a levy

pursuant to a writ of execution, the state or the department or

agency of the state authorized to issue the warrant may use any of

the remedies available to a judgment creditor, including but not

limited to, those provided in Chapter 6 (commencing with Section

708.010) of Division 2.

(b) The proper court for the enforcement of such remedies is a

court of any of the following counties:

(1) The county where the debtor resides.

(2) The county where the property against which enforcement is

sought is located.

(3) If the debtor does not reside in this state, any county of

this state.

 

688.030. (a) Whenever pursuant to any provision of the Public

Resources Code, Revenue and Taxation Code (excluding Sections 3201 to

3204, inclusive), or Unemployment Insurance Code, property is levied

upon pursuant to a warrant or notice of levy issued by the state or

by a department or agency of the state for the collection of a

liability:

(1) If the debtor is a natural person, the debtor is entitled to

the same exemptions to which a judgment debtor is entitled. Except

as provided in subdivisions (b) and (c), the claim of exemption shall

be made, heard, and determined as provided in Chapter 4 (commencing

with Section 703.010) of Division 2 in the same manner as if the

property were levied upon under a writ of execution.

(2) A third person may claim ownership or the right to possession

of the property or a security interest in or lien on the property.

Except as provided in subdivisions (b) and (c) or as otherwise

provided by statute, the third-party claim shall be made, heard, and

determined as provided in Division 4 (commencing with Section

720.010) in the same manner as if the property were levied upon under

a writ of execution.

(b) In the case of a levy pursuant to a notice of levy:

(1) The claim of exemption or the third-party claim shall be filed

with the state department or agency that issued the notice of levy.

 

(2) The state department or agency that issued the notice of levy

shall perform the duties of the levying officer, except that the

state department or agency need not give itself the notices that the

levying officer is required to serve on a judgment creditor or

creditor or the notices that a judgment creditor or creditor is

required to give to the levying officer. The state department or

agency in performing the duties of the levying officer under this

paragraph has no obligation to search public records or otherwise

seek to determine whether any lien or encumbrance exists on property

sold or collected.

(c) A claim of exemption or a third-party claim pursuant to this

section shall be heard and determined in the court specified in

Section 688.010 in the county where the property levied upon is

located.

 

688.040. For the purpose of this article, as used in this title:

(a) "Judgment creditor" or "creditor" means the state or the

department or agency of the state seeking to collect the liability.

(b) "Judgment debtor" or "debtor" means the debtor from whom the

liability is sought to be collected.

 

688.050. For the purpose of applying Section 694.080, 703.050, or

703.100, the date of creation of a tax lien is the earliest of the

following times:

(a) The time when a notice of state tax lien is recorded or filed

pursuant to Chapter 14 (commencing with Section 7150) of Division 7

of Title 1 of the Government Code.

(b) The time when the property is levied upon pursuant to a

warrant or notice of levy or notice to withhold issued by the state

or by a department or agency of the state.

(c) The time when any other act is performed that creates or

perfects a lien on specific property as distinguished from a lien on

the debtor's property generally.

 

688.110. Except as otherwise provided by statute, if a judgment is

entered on a claim for taxes by a public entity, the judgment is

enforceable pursuant to this title in the same manner as any other

money judgment.

 

689.010. For the purpose of the remedies provided under this

chapter, jurisdiction is conferred upon the superior court.

 

689.020. (a) Except as otherwise provided by statute, whenever a

warrant may properly be issued by a local child support agency

pursuant to Section 17522 of the Family Code, and the warrant may be

levied with the same effect as a levy pursuant to a writ of

execution, the local child support agency may use any of the remedies

available to a judgment creditor, including, but not limited to,

those provided in Chapter 6 (commencing with Section 708.010) of

Division 2.

(b) The proper court for the enforcement of the remedies provided

under this chapter is the superior court in the county where the

local child support agency enforcing the support obligation is

located.

 

689.030. (a) Whenever the local child support agency, pursuant to

Section 17522 of the Family Code, levies upon property pursuant to a

warrant or notice of levy for the collection of a support obligation:

 

(1) If the debtor is a natural person, the debtor is entitled to

the same exemptions to which a judgment debtor is entitled. Except

as provided in subdivisions (b) and (c), the claim of exemption shall

be made, heard, and determined as provided in Chapter 4 (commencing

with Section 703.010) of Division 2 in the same manner as if the

property were levied upon under a writ of execution.

(2) A third person may claim ownership or the right to possession

of the property or a security interest in or lien on the property.

Except as provided in subdivisions (b) and (c) or as otherwise

provided by statute, the third-party claim shall be made, heard, and

determined as provided in Division 4 (commencing with Section

720.010) in the same manner as if the property were levied upon under

a writ of execution.

(b) In the case of a warrant or notice of levy issued pursuant to

Section 17522 of the Family Code, the claim of exemption or the

third-party claim shall be filed with the local child support agency

that issued the warrant or notice of levy.

(c) A claim of exemption or a third-party claim pursuant to this

section shall be heard and determined in the court specified in

Section 689.010 in the county where the local child support agency

enforcing the support obligation is located.

 

689.040. (a) Notwithstanding any other provision of law, in the

case of a writ of execution issued by a court of competent

jurisdiction pursuant to Chapter 3 (commencing with Section 699.010)

and Chapter 5 (commencing with Section 706.010) of Division 2, the

local child support agency, when enforcing a support obligation

pursuant to Division 17 (commencing with Section 17000) of the Family

Code, may perform the duties of the levying officer, except that the

local child support agency need not give itself the notices that the

levying officer is required to serve on a judgment creditor or

creditor or the notices that a judgment creditor or creditor is

required to give to the levying officer.

(b) Notwithstanding subdivision (a) of Section 700.140, if the

writ of execution is for a deposit or credits or personal property in

the possession or under the control of a bank or savings and loan

association, the local child support agency may deliver or mail the

writ of execution to a centralized location designated by the bank or

savings and loan association. If the writ of execution is received

at the designated central location, it will apply to all deposits and

credits and personal property held by the bank or savings and loan

association regardless of the location of that property.

 

689.050. For the purpose of this chapter:

(a) "Judgment creditor" or "creditor" means the local child

support agency seeking to collect a child or spousal support

obligation pursuant to a support order.

(b) "Judgment debtor" or "debtor" means the debtor from whom the

support obligation is sought to be collected.

 

694.010. As used in this chapter:

(a) "Operative date" means July 1, 1983.

(b) "Prior law" means the applicable law in effect on June 30,

1983.

 

694.020. Except as otherwise provided in this chapter, this title

on and after its operative date applies to all proceedings commenced

prior thereto unless in the opinion of the court application of a

particular provision of this title would substantially interfere with

the effective conduct of the proceedings or the rights of the

parties or other interested persons, in which case the particular

provision of this title does not apply and prior law applies.

 

694.030. (a) Except for a judgment described in Section 683.310 or

683.320, the period for enforcement of a money judgment or a judgment

for possession or sale of property entered prior to the operative

date is governed on and after the operative date by Chapter 3

(commencing with Section 683.010).

(b) Notwithstanding subdivision (a), even though a judgment to

which subdivision (a) applies is not renewable pursuant to Chapter 3

(commencing with Section 683.010) because the time for filing an

application for renewal has expired, the judgment may be renewed

under Chapter 3 (commencing with Section 683.010) if the court which

entered the judgment determines, on noticed motion filed within two

years after the operative date, that authority to enforce the

judgment after the 10-year period provided in former Section 681

would have been granted if a motion had been made under former

Section 685 and the court, in its discretion, makes an order

authorizing the renewal of the judgment. The notice of motion shall

be served personally or by mail on the judgment debtor.

 

694.040. (a) Except as provided in subdivision (c), property levied

upon or otherwise subjected to process for enforcement of a money

judgment or a judgment for possession or sale of property prior to

the operative date is subject to prior law relating to sale or

delivery of possession.

(b) The duties to be performed in the execution of a writ or order

for the enforcement of a money judgment or a judgment for possession

or sale of property that is served prior to the operative date are

governed by prior law.

(c) The manner of payment at a sale of property pursuant to a writ

or order after the operative date is governed by Section 701.590.

 

694.050. (a) Except as provided in subdivision (b), property levied

upon, or property to be sold upon which foreclosure or other

proceedings for sale have been commenced, prior to the operative date

that would have been sold subject to the right of redemption under

prior law shall be sold subject to the right of redemption and may be

redeemed as provided by prior law.

(b) If the judgment creditor and judgment debtor agree in writing,

property described in subdivision (a) may be sold as provided in

this title rather than subject to the right of redemption.

(c) Property sold prior to the operative date subject to the right

of redemption under prior law may be redeemed as provided by prior

law.

 

694.060. Notwithstanding Section 708.230, an action may be

commenced pursuant to Section 708.210 within one year after the

operative date if the action could have been commenced under prior

law on the day before the operative date.

 

694.070. (a) A third-party claim filed prior to the operative date

is governed by prior law.

(b) A demand for a third-party claim served on a secured party

prior to the operative date is governed by prior law.

 

694.080. The exemptions from enforcement of a money judgment

provided by this title do not apply to property levied upon or

otherwise subjected to a lien prior to the operative date. Whether

such property is exempt is determined by the exemptions provided by

law at the time the lien was created.

 

694.090. On and after the operative date, a declaration of

homestead made under prior law pursuant to Title 5 (commencing with

Section 1237) of Part 4 of Division 2 of the Civil Code is effective

only to the extent provided in Article 5 (commencing with Section

704.910) of Chapter 4 of Division 2.

 

695.010. (a) Except as otherwise provided by law, all property of

the judgment debtor is subject to enforcement of a money judgment.

(b) If property of the judgment debtor was attached in the action

but was transferred before entry of the money judgment in favor of

the judgment creditor, the property is subject to enforcement of the

money judgment so long as the attachment lien remains effective.

 

695.020. (a) Community property is subject to enforcement of a

money judgment as provided in the Family Code.

(b) Unless the provision or context otherwise requires, if

community property that is subject to enforcement of a money judgment

is sought to be applied to the satisfaction of a money judgment:

(1) Any provision of this division that applies to the property of

the judgment debtor or to obligations owed to the judgment debtor

also applies to the community property interest of the spouse of the

judgment debtor and to obligations owed to the other spouse that are

community property.

(2) Any provision of this division that applies to property in the

possession or under the control of the judgment debtor also applies

to community property in the possession or under the control of the

spouse of the judgment debtor.

 

695.030. (a) Except as otherwise provided by statute, property of

the judgment debtor that is not assignable or transferable is not

subject to enforcement of a money judgment.

(b) The following property is subject to enforcement of a money

judgment:

(1) An interest in a trust, to the extent provided by law.

(2) A cause of action for money or property that is the subject of

a pending action or special proceeding.

 

695.035. (a) A lessee's interest in real property may be applied to

the satisfaction of a money judgment in any of the following

circumstances:

(1) If the lessee has the right voluntarily to sublet the property

or assign the interest in the lease.

(2) If the lessee has the right voluntarily to sublet the property

or assign the interest in the lease subject to standards or

conditions and the purchaser at the execution sale or other assignee

agrees to comply with the standards or conditions that would have had

to be complied with had the lessee voluntarily sublet the property

or assigned the interest in the lease.

(3) If the lessee has the right voluntarily to sublet the property

or assign the interest in the lease with the consent of the lessor,

in which case the obligation of the lessor to consent to the

assignment is subject to the same standard that would apply had the

lessee voluntarily sublet the property or assigned the interest in

the lease.

(4) In any other case, if the lessor consents in writing.

(b) A provision in a lease for the termination or modification of

the lease upon an involuntary transfer or assignment of the lessee's

interest is ineffective to the extent that such provision would

prevent the application of the lessee's interest to the satisfaction

of the money judgment under subdivision (a).

 

695.040. Property that is not subject to enforcement of a money

judgment may not be levied upon or in any other manner applied to the

satisfaction of a money judgment. If property that is not subject

to enforcement of a money judgment has been levied upon, the property

may be released pursuant to the claim of exemption procedure

provided in Article 2 (commencing with Section 703.510) of Chapter 4.

 

695.050. A money judgment against a public entity is not

enforceable under this division if the money judgment is subject to

Chapter 1 (commencing with Section 965) of, or Article 1 (commencing

with Section 970) of Chapter 2 of, Part 5 of Division 3.6 of Title 1

of the Government Code.

 

695.060. Except as provided in Section 708.630, a license issued by

a public entity to engage in any business, profession, or activity

is not subject to enforcement of a money judgment.

 

695.070. (a) Notwithstanding the transfer or encumbrance of

property subject to a lien created under this division, if the

property remains subject to the lien after the transfer or

encumbrance, the money judgment may be enforced against the property

in the same manner and to the same extent as if it had not been

transferred or encumbered.

(b) If the judgment debtor dies after the transfer of property

that remains subject to a lien created under this division, the money

judgment may be enforced against the property as provided in

subdivision (a).

 

695.210. The amount required to satisfy a money judgment is the

total amount of the judgment as entered or renewed with the

following additions and subtractions:

(a) The addition of costs added to the judgment pursuant to

Section 685.090.

(b) The addition of interest added to the judgment as it accrues

pursuant to Sections 685.010 to 685.030, inclusive.

(c) The subtraction of the amount of any partial satisfactions of

the judgment.

(d) The subtraction of the amount of any portion of the judgment

that is no longer enforceable.

 

695.211. (a) Every money judgment or order for child support shall

provide notice that interest on arrearages accrues at the legal rate.

 

(b) The notice provisions required by this section shall be

incorporated in the appropriate Judicial Council forms.

(c) Upon implementation of the California Child Support Automation

System prescribed in Chapter 4 (commencing with Section 10080) of

Part 1 of Division 9 of the Welfare and Institutions Code and

certification of the California Child Support Automation System by

the United States Department of Health and Human Services, whenever a

statement of account is issued by the local child support agency in

any child support action, the statement shall include a statement of

an amount of current support, arrears, and interest due.

 

695.220. Money received in satisfaction of a money judgment, except

a money judgment for support, is to be credited as follows:

(a) The money is first to be credited against the amounts

described in subdivision (b) of Section 685.050 that are collected by

the levying officer.

(b) Any remaining money is next to be credited against any fee due

the court pursuant to Section 6103.5 or 68511.3 of the Government

Code, which are to be remitted to the court by the levying officer.

(c) Any remaining money is next to be credited against the accrued

interest that remains unsatisfied.

(d) Any remaining money is to be credited against the principal

amount of the judgment remaining unsatisfied. If the judgment is

payable in installments, the remaining money is to be credited

against the matured installments in the order in which they matured.

 

695.221. Satisfaction of a money judgment for support shall be

credited as follows:

(a) The money shall first be credited against the current month's

support.

(b) Any remaining money is next to be credited against the accrued

interest that remains unsatisfied.

(c) Any remaining money shall be credited against the principal

amount of the judgment remaining unsatisfied. If the judgment is

payable in installments, the remaining money shall be credited

against the matured installments in the order in which they matured.

 

(d) In cases enforced pursuant to Part D (commencing with Section

651) of Subchapter 4 of Chapter 7 of Title 42 of the United States

Code, if a lump-sum payment is collected from a support obligor who

has money judgments for support owing to more than one family, after

the implementation of the California Child Support Automation System

(CCSAS), all support collected shall be distributed pursuant to

guidelines developed by the State Department of Child Support

Services.

(e) Notwithstanding subdivisions (a), (b), and (c), a collection

received as a result of a federal tax refund offset shall first be

credited against the interest and then the principal amount of past

due support that has been assigned to the state pursuant to Section

11477 of the Welfare and Institutions Code and federal law prior to

the interest and then principal amount of any other past due support

remaining unsatisfied.

(f) If federal law does not permit states to adopt the same order

of distribution for the pre- and post-assistance child support

arrears effective October 1, 1998, the following shall be the order

of distribution of child support collections through September 30,

2000, except for federal tax refund offset collections, for child

support received for families and children who are former recipients

of Aid to Families with Dependent Children (AFDC) program benefits or

former recipients of Temporary Assistance for Needy Families (TANF)

program benefits:

(1) The money shall first be credited against the current month's

support.

(2) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children since

leaving the AFDC program or the TANF program and then the arrearages.

 

(3) Any remaining money shall next be credited against interest

that accrued on arrearages owed during the time the family or

children received benefits under the AFDC program or the TANF program

and then the arrearages.

(4) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children prior to

receiving benefits from the AFDC program or the TANF program and then

the arrearages.

(g) If federal law does permit states to adopt the same order of

distribution for the pre- and post-assistance child support arrears

effective October 1, 1998, or effective October 1, 2000, whichever

comes first, the following shall be the order of distribution of

child support collections, except for federal tax refund offset

collections, for child support received for families and children who

are former recipients of AFDC program benefits or former recipients

of TANF program benefits:

(1) The money shall first be credited against the current month's

support.

(2) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children since

leaving the AFDC program or the TANF program and then the arrearages.

 

(3) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children prior to

receiving benefits from the AFDC program or the TANF program and then

the arrearages.

(4) Any remaining money shall next be credited against interest

that accrued on arrearages owed during the time the family or

children received benefits under the AFDC program or the TANF program

and then the arrearages.

(h) This section shall remain in effect only until January 1,

2009, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2009, deletes or extends

that date.

 

695.221. Satisfaction of a money judgment for support shall be

credited as follows:

(a) The money shall first be credited against the current month's

support.

(b) Any remaining money shall next be credited against the

principal amount of the judgment remaining unsatisfied. If the

judgment is payable in installments, the remaining money shall be

credited against the matured installments in the order in which they

matured.

(c) Any remaining money shall be credited against the accrued

interest that remains unsatisfied.

(d) In cases enforced pursuant to Part D (commencing with Section

651) of Subchapter 4 of Chapter 7 of Title 42 of the United States

Code, if a lump-sum payment is collected from a support obligor who

has money judgments for support owing to more than one family, after

the implementation of the California Child Support Automation System

(CCSAS), all support collected shall be distributed pursuant to

guidelines developed by the State Department of Child Support

Services.

(e) Notwithstanding subdivisions (a), (b), and (c), a collection

received as a result of a federal tax refund offset shall first be

credited against the principal amount of past due support that has

been assigned to the state pursuant to Section 11477 of the Welfare

and Institutions Code and federal law and then any interest due on

that past due support, prior to the principal amount of any other

past due support remaining unsatisfied and then any interest due on

that past due support.

(f) If federal law does not permit states to adopt the same order

of distribution for the pre- and post-assistance child support

arrears effective October 1, 1998, the following shall be the order

of distribution of child support collections through September 30,

2000, except for federal tax refund offset collections, for child

support received for families and children who are former recipients

of Aid to Families with Dependent Children (AFDC) program benefits or

former recipients of Temporary Assistance for Needy Families (TANF)

program benefits:

(1) The money shall first be credited against the current month's

support.

(2) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children since

leaving the AFDC program or the TANF program and then the arrearages.

(3) Any remaining money shall next be credited against interest

that accrued on arrearages owed during the time the family or

children received benefits under the AFDC program or the TANF program

and then the arrearages.

(4) Any remaining money shall next be credited against interest

that accrued on arrearages owed to the family or children prior to

receiving benefits from the AFDC program or the TANF program and then

the arrearages.

(g) If federal law does permit states to adopt the same order of

distribution for the pre- and post-assistance child support arrears

effective October 1, 1998, or effective October 1, 2000, whichever

comes first, the following shall be the order of distribution of

child support collections, except for federal tax refund offset

collections, for child support received for families and children who

are former recipients of AFDC program benefits or former recipients

of TANF program benefits:

(1) The money shall first be credited against the current month's

support.

(2) Any remaining money shall next be credited against the

principal amount of the arrearages owed to the family or children

since leaving the AFDC program or the TANF program and then the

interest that accrued on those arrearages.

(3) Any remaining money shall next be credited against the

principal amount of the arrearages owed to the family or children

prior to receiving benefits from the AFDC program or the TANF program

and then the interest that accrued on those arrearages.

(4) Any remaining money shall next be credited against the

principal amount of the arrearages owed during the time the family or

children received benefits under the AFDC program or the TANF

program and then the interest that accrued on those arrearages.

(h) This section shall become operative on January 1, 2009.

 

697.010. Except as otherwise provided by statute, a lien created

under this division or under Title 6.5 (commencing with Section

481.010) (attachment) is a lien for the amount required to satisfy

the money judgment.

697.020. (a) If a lien is created on property pursuant to Title 6.5

(commencing with Section 481.010) (attachment) and after judgment in

the action a lien is created pursuant to this division on the same

property under the same claim while the earlier lien is in effect,

the priority of the later lien relates back to the date the earlier

lien was created.

(b) If a lien is created on property pursuant to this division and

a later lien of the same or a different type is created pursuant to

this division on the same property under the same judgment while the

earlier lien is in effect, the priority of the later lien relates

back to the date the earlier lien was created.

(c) Nothing in this section affects priorities or rights of third

persons established while the earlier lien was in effect under the

law governing the earlier lien.

 

697.030. Subject to Sections 683.180 to 683.200, inclusive, and to

Section 697.040, except where a shorter period is provided by

statute, a lien created pursuant to this title is effective during

the period of enforceability of the judgment.

 

697.040. (a) If enforcement of the judgment is stayed on appeal by

the giving of a sufficient undertaking under Chapter 2 (commencing

with Section 916) of Title 13:

(1) Existing liens created under this division are extinguished.

(2) New liens may not be created under this division during the

period of the stay.

(b) Unless the court otherwise expressly orders, a stay of

enforcement of the judgment under Section 918 does not extinguish or

prevent the creation of a lien under Article 2 (commencing with

Section 697.310) or Article 3 (commencing with Section 697.510); but,

unless the court otherwise expressly orders, no other liens may be

created or continued under this division during the period of the

stay of enforcement.

(c) Unless the court expressly orders otherwise, if enforcement of

the judgment is stayed pursuant to Section 1699 or 1710.50:

(1) Existing liens created under this division are extinguished.

(2) New liens may not be created under this division during the

period of the stay.

 

697.050. If a lien created pursuant to this division is

extinguished, property held subject to the lien shall be released

unless the property is to be held under another lien or the property

is ordered by the court to be held pending resolution of a dispute

concerning its proper disposition.

 

697.060. (a) An abstract or certified copy of a money judgment of a

court of the United States that is enforceable in this state may be

recorded to create a judgment lien on real property pursuant to

Article 2 (commencing with Section 697.310).

(b) A notice of judgment lien based on a money judgment of a court

of the United States that is enforceable in this state may be filed

to create a judgment lien on personal property pursuant to Article 3

(commencing with Section 697.510).

697.310. (a) Except as otherwise provided by statute, a judgment

lien on real property is created under this section by recording an

abstract of a money judgment with the county recorder.

(b) Unless the money judgment is satisfied or the judgment lien is

released, subject to Section 683.180 (renewal of judgment), a

judgment lien created under this section continues until 10 years

from the date of entry of the judgment.

(c) The creation and duration of a judgment lien under a money

judgment entered pursuant to Section 117 or 582.5 of this code or

Section 16380 of the Vehicle Code or under a similar judgment is

governed by this section, notwithstanding that the judgment may be

payable in installments.

 

697.320. (a) A judgment lien on real property is created under this

section by recording an abstract, a notice of support judgment, an

interstate lien form promulgated by the federal Secretary of Health

and Human Services pursuant to Section 652(a)(11) of Title 42 of the

United States Code, or a certified copy of either of the following

money judgments with the county recorder:

(1) A judgment for child, family, or spousal support payable in

installments.

(2) A judgment entered pursuant to Section 667.7 (judgment against

health care provider requiring periodic payments).

(b) Unless the money judgment is satisfied or the judgment lien is

released, a judgment lien created under paragraph (1) of subdivision

(a) or by recording an interstate lien form, as described in

subdivision (a), continues during the period the judgment remains

enforceable. Unless the money judgment is satisfied or the judgment

lien is released, a judgment lien created under paragraph (2) of

subdivision (a) continues for a period of 10 years from the date of

its creation. The duration of a judgment lien created under

paragraph (2) of subdivision (a) may be extended any number of times

by recording, during the time the judgment lien is in existence, a

certified copy of the judgment in the manner provided in this section

for the initial recording; this rerecording has the effect of

extending the duration of the judgment lien created under paragraph

(2) of subdivision (a) until 10 years from the date of the

rerecording.

 

697.330. (a) In the case of a money judgment entered on an order,

decision, or award made under Division 4 (commencing with Section

3200) of the Labor Code (workers' compensation):

(1) If the judgment is for a lump sum, a judgment lien on real

property is created by recording an abstract of the judgment as

provided in Section 697.310 and, except as otherwise provided in

Division 4 (commencing with Section 3200) of the Labor Code, the

judgment lien is governed by the provisions applicable to a judgment

lien created under Section 697.310.

(2) If the judgment is for the payment of money in installments, a

judgment lien on real property is created by recording a certified

copy of the judgment as provided in Section 697.320 and, except as

otherwise provided in Division 4 (commencing with Section 3200) of

the Labor Code, the lien is governed by the provisions applicable to

a judgment lien created under Section 697.320.

(b) Nothing in this section limits or affects any provision of

Division 4 (commencing with Section 3200) of the Labor Code.

 

697.340. Except as provided in Section 704.950:

(a) A judgment lien on real property attaches to all interests in

real property in the county where the lien is created (whether

present or future, vested or contingent, legal or equitable) that are

subject to enforcement of the money judgment against the judgment

debtor pursuant to Article 1 (commencing with Section 695.010) of

Chapter 1 at the time the lien was created, but does not reach rental

payments, a leasehold estate with an unexpired term of less than two

years, the interest of a beneficiary under a trust, or real property

that is subject to an attachment lien in favor of the creditor and

was transferred before judgment.

(b) If any interest in real property in the county on which a

judgment lien could be created under subdivision (a) is acquired

after the judgment lien was created, the judgment lien attaches to

such interest at the time it is acquired.

 

697.350. (a) Except as otherwise provided by statute, a judgment

lien on real property is a lien for the amount required to satisfy

the money judgment.

(b) A judgment lien on real property created under a money

judgment payable in installments pursuant to Section 117 or 582.5 of

this code or Section 16380 of the Vehicle Code or under a similar

judgment is in the full amount required to satisfy the judgment, but

the judgment lien may not be enforced for the amount of unmatured

installments unless the court so orders.

(c) A judgment lien created pursuant to Section 697.320 is a lien

for the amount of the installments as they mature under the terms of

the judgment, plus accrued interest and the costs as they are added

to the judgment pursuant to Chapter 5 (commencing with Section

685.010) of Division 1, and less the amount of any partial

satisfactions, but does not become a lien for any installment until

it becomes due and payable under the terms of the judgment.

 

697.360. (a) If a judgment lien on real property has been created

under a money judgment that is thereafter modified as to its amount,

an abstract of the modified judgment or a certified copy of the order

modifying the judgment may be recorded in the same manner as an

abstract of judgment or a certified copy of the judgment is recorded

to create a judgment lien.

(b) If a judgment lien on real property has been created under a

money judgment that is thereafter modified to reduce its amount, the

judgment lien continues under the terms of the judgment as modified,

whether or not the modification is recorded as provided in

subdivision (a).

(c) If a judgment lien on real property has been created under a

money judgment that is thereafter modified to increase its amount,

the judgment lien continues under the terms of the original judgment

until such time as the modification is recorded as provided in

subdivision (a). Upon such recording, the judgment lien extends to

the judgment as modified, but the priority for the additional amount

under the judgment as modified dates from the time the modification

is recorded.

(d) Notwithstanding subdivision (c), if a judgment lien on real

property has been created under a money judgment, by recording of an

abstract of support judgment under paragraph (1) of subdivision (a)

of Section 697.320, and the support order is thereafter modified to

increase its amount, the judgment lien extends to the judgment as

modified without the need for recording of another abstract of

support judgment, but the priority for the additional amount under

the judgment dates from the time the modification is effective.

(e) A support obligee shall respond in a timely manner to (1) a

title or escrow company request for a demand statement needed to

close an escrow relating to a support judgment lien, or (2) a support

obligor who claims an error exists in the amount of alleged arrears.

 

(f) A support obligor who complies with the procedure specified in

Division 5 (commencing with Section 724.010) shall be entitled to

the remedies specified therein.

 

697.370. (a) The judgment creditor may do either of the following:

 

(1) Release from the judgment lien all or a part of the real

property subject to the lien.

(2) Subordinate to another lien or encumbrance the judgment lien

on all or a part of the real property subject to the judgment lien.

(b) A release or subordination is sufficient if it is executed by

the judgment creditor in the same manner as an acknowledgment of

satisfaction of judgment and contains all of the following:

(1) A description of the real property being released or on which

the lien is being subordinated. If the judgment debtor does not have

an interest of record in the real property, the release or

subordination shall show the name of the record owner. If all of the

real property of the judgment debtor in a county in which the lien

is recorded is being released from the judgment lien, or if the

judgment debtor has no known interest in any real property in that

county, the release shall, in lieu of containing a description of the

property being released, contain a statement substantially as

follows: "This is a release from the judgment lien described herein

of all of the interests in real property in ____ County presently

owned or hereafter acquired of the herein named judgment debtor

subject to the lien."

(2) The date the judgment lien was created and where in the

records of the county the abstract of judgment or certified copy of

the judgment was recorded to create the lien.

(3) The title of the court where the judgment is entered and the

cause and number of the action.

(4) The date of entry of the judgment and of any subsequent

renewals and where entered in the records of the court.

(5) The name and address of the judgment creditor, the judgment

creditor's assignee, if any, and the judgment debtor whose interest

in real property is released from the judgment lien or with respect

to whom the judgment lien is subordinated.

(c) A release or subordination substantially complying with the

requirements of this section is effective even though it contains

minor errors that are not seriously misleading.

(d) The execution of a release or subordination of a judgment lien

pursuant to this section does not release or subordinate the

judgment lien as to judgment debtors not named in the release

pursuant to paragraph (5) of subdivision (b).

 

697.380. (a) As used in this section:

(1) "Installment judgment lien" means a judgment lien created

under Section 697.320.

(2) "Lump-sum judgment lien" means a judgment lien created under

Section 697. 310.

(b) Except as otherwise provided by law, the rules stated in this

section govern the priorities of judgment liens on real property.

(c) A lump-sum judgment lien has priority over any other lump-sum

judgment lien thereafter created.

(d) A lump-sum judgment lien has priority over an installment

judgment lien as to all of the following:

(1) Installments that mature on the installment judgment after the

lump-sum judgment lien is created.

(2) Interest that accrues on the installment judgment after the

lump-sum judgment lien is created.

(3) Costs that are added to the installment judgment after the

lump-sum judgment lien is created.

(e) An installment judgment lien has priority over a lump-sum

judgment lien as to all of the following:

(1) Installments that have matured on the installment judgment

before the lump-sum judgment lien is created.

(2) Interest that has accrued on the installment judgment before

the lump-sum judgment lien is created.

(3) Costs that have been added to the installment judgment before

the lump-sum judgment lien is created.

(f) If an installment judgment lien has been created and another

installment judgment lien is thereafter created, the first

installment judgment lien has priority over the second installment

judgment lien as to the installments that have matured on the

judgment at the time the second installment judgment lien is created,

the interest that has accrued prior to that time on the judgment,

and the costs that have been added prior to that time to the judgment

pursuant to Chapter 5 (commencing with Section 685.010) of Division

1. Thereafter, priorities are determined by the time at which each

installment matures on a judgment, the time the interest accrues on a

judgment, and the time costs are added to a judgment pursuant to

Chapter 5 (commencing with Section 685.010) of Division 1.

(g) For the purposes of this section, if two judgment liens attach

to the same property at the same time under subdivision (b) of

Section 697.340 (after-acquired property), the judgment lien that was

first created has priority as to all amounts that are due and

payable on that judgment at the time the property is acquired.

 

697.390. If an interest in real property that is subject to a

judgment lien is transferred or encumbered without satisfying or

extinguishing the judgment lien:

(a) The interest transferred or encumbered remains subject to a

judgment lien created pursuant to Section 697.310 in the same amount

as if the interest had not been transferred or encumbered.

(b) The interest transferred or encumbered remains subject to a

judgment lien created pursuant to Section 697.320 in the amount of

the lien at the time of transfer or encumbrance plus interest

thereafter accruing on such amount.

 

697.400. (a) The judgment creditor, judgment debtor, or owner of

real property subject to a judgment lien on real property created

under Section 697.310, may record in the office of the county

recorder an acknowledgment of satisfaction of judgment executed as

provided in Section 724.060 or a court clerk's certificate of

satisfaction of judgment issued pursuant to Section 724.100. Upon

such recording, the judgment lien created under the judgment that has

been satisfied is extinguished as a matter of record.

(b) The judgment creditor, judgment debtor, or owner of real

property subject to a judgment lien on real property created under

Section 697.320, may record in the office of the county recorder an

acknowledgment of satisfaction of matured installments under an

installment judgment if the acknowledgment is executed as provided in

Section 724.250. Upon such recording, the judgment lien is

extinguished as a matter of record to the extent of the satisfied

installments described in the acknowledgment of satisfaction.

(c) The judgment creditor, the judgment debtor, or the owner of

real property subject to a judgment lien, including a property owner

described in Section 697.410, may record in the office of the county

recorder a release or subordination of a judgment lien on real

property if the release or subordination is executed as provided in

Section 697.370.

 

697.410. (a) If a recorded abstract of a money judgment or

certified copy of a money judgment appears to create a judgment lien

on real property of a person who is not the judgment debtor because

the name of the property owner is the same as or similar to that of

the judgment debtor, the erroneously identified property owner may

deliver to the judgment creditor a written demand for a recordable

document releasing the lien. The demand shall be accompanied by

proof to the satisfaction of the judgment creditor that the property

owner is not the judgment debtor and that the property is not subject

to enforcement of the judgment against the judgment debtor.

(b) Within 15 days after receipt of the property owner's demand

and proof satisfactory to the judgment creditor that the property

owner is not the judgment debtor and that the property is not subject

to enforcement of the judgment, the judgment creditor shall deliver

to the property owner a recordable document releasing the lien on the

property of such owner. If the judgment creditor improperly fails

to deliver a recordable document releasing the lien within the time

allowed, the judgment creditor is liable to the property owner for

all damages sustained by reason of such failure and shall also

forfeit one hundred dollars ($100) to the property owner.

(c) If the judgment creditor does not deliver a recordable

document pursuant to subdivision (b), the property owner may apply to

the court on noticed motion for an order releasing the judgment lien

on the property of such owner. Notice of motion shall be served on

the judgment creditor. Service shall be made personally or by mail.

Upon presentation of evidence to the satisfaction of the court that

the property owner is not the judgment debtor and that the property

is not subject to enforcement of the judgment, the court shall order

the judgment creditor to prepare and deliver a recordable document

releasing the lien or shall itself order the release of the judgment

lien on the property of such owner. The court order may be recorded

in the office of the county recorder with the same effect as the

recordable document demanded by the property owner.

(d) The court shall award reasonable attorney's fees to the

prevailing party in any proceeding maintained pursuant to this

section.

(e) The damages provided by this section are not in derogation of

any other damages or penalties to which an aggrieved person may be

entitled by law.

 

 

697.510. (a) A judgment lien on personal property described in

Section 697.530 is created by filing a notice of judgment lien in the

office of the Secretary of State pursuant to this article. A

judgment lien may be created under this article only if the judgment

is a money judgment that was first entered in this state after June

30, 1983. Except as provided in subdivision (b) of Section 697.540,

a judgment lien may not be created under this article if the money

judgment is payable in installments unless all of the installments

under the judgment have become due and payable at the time the notice

of judgment lien is filed.

(b) Unless the money judgment is satisfied or the judgment lien is

terminated or released, the judgment lien continues for five years

from the date of filing.

(c) Notwithstanding Section 697.020, the priority of a judgment

lien created under this article does not relate back to the date an

earlier judgment lien was created under this article.

 

697.520. A judgment lien on personal property may be created

pursuant to this article as an alternative or in addition to a lien

created by levy under a writ of execution pursuant to Chapter 3

(commencing with Section 699.010) or by use of an enforcement

procedure provided by Chapter 6 (commencing with Section 708.010).

 

 

697.530. (a) A judgment lien on personal property is a lien on all

interests in the following personal property that are subject to

enforcement of the money judgment against the judgment debtor

pursuant to Article 1 (commencing with Section 695.010) of Chapter 1

at the time the lien is created if a security interest in the

property could be perfected under the Commercial Code by filing a

financing statement at that time with the Secretary of State:

(1) Accounts receivable.

(2) Chattel paper.

(3) Equipment.

(4) Farm products.

(5) Inventory.

(6) Negotiable documents of title.

(b) If any interest in personal property on which a judgment lien

could be created under subdivision (a) is acquired after the judgment

lien was created, the judgment lien attaches to the interest at the

time it is acquired.

(c) To the extent provided by Section 697.620, a judgment lien on

personal property continues on the proceeds received upon the sale,

collection, or other disposition of the property subject to the

judgment lien.

(d) Notwithstanding any other provision of this section, the

judgment lien does not attach to:

(1) A vehicle or vessel required to be registered with the

Department of Motor Vehicles or a mobilehome or commercial coach

required to be registered pursuant to the Health and Safety Code.

(2) The inventory of a retail merchant held for sale except to the

extent that the inventory of the retail merchant consists of durable

goods having a unit retail value of at least five hundred dollars

($500). For the purposes of this paragraph, "retail merchant" does

not include (A) a person whose sales for resale exceeded 75 percent

in dollar volume of the person's total sales of all goods during the

12 months preceding the filing of the notice of judgment lien on

personal property or (B) a cooperative association organized pursuant

to Chapter 1 (commencing with Section 54001) of Division 20 of the

Food and Agricultural Code (agricultural cooperative associations) or

Part 3 (commencing with Section 13200) of Division 3 of Title 1 of

the Corporations Code (Fish Marketing Act).

(e) If property subject to a lien under this article becomes a

fixture (as defined in paragraph (41) of subdivision (a) of Section

9102 of the Commercial Code), the judgment lien on such property is

extinguished.

(f) Notwithstanding the filing of a notice of judgment lien,

subject to the provisions of Chapter 6 (commencing with Section

708.010), a person obligated on an account receivable or chattel

paper is authorized to pay or compromise the amount without notice to

or consent of the judgment creditor unless and until there is a levy

pursuant to Chapter 3 (commencing with Section 699.010).

 

697.540. (a) Except as otherwise provided by statute, a judgment

lien on personal property is a lien for the amount required to

satisfy the money judgment.

(b) A judgment lien on personal property created under a money

judgment payable in installments pursuant to Section 117 or 582.5 of

this code or pursuant to Section 16380 of the Vehicle Code is in the

full amount required to satisfy the judgment, but the judgment lien

may not be enforced for the amount of unmatured installments unless

the court so orders.

 

697.550. The notice of judgment lien on personal property shall be

executed under oath by the judgment creditor's attorney if the

judgment creditor has an attorney of record or, if the judgment

creditor does not have an attorney of record, by the judgment

creditor and shall contain the following information:

(a) The name and mailing address of the judgment creditor.

(b) The name and last known mailing address of the judgment

debtor.

(c) A statement that: "All property subject to enforcement of a

money judgment against the judgment debtor to which a judgment lien

on personal property may attach under Section 697.530 of the Code of

Civil Procedure is subject to this judgment lien."

(d) The title of the court where the judgment is entered and the

cause and number of the action.

(e) The date of entry of the judgment and of any subsequent

renewals and where entered in the records of the court.

(f) The amount required to satisfy the judgment at the date of the

notice.

(g) The date of the notice.

 

697.560. At the time of filing the notice of judgment lien on

personal property or promptly thereafter, the judgment creditor shall

serve a copy of the notice of judgment lien on the judgment debtor.

Service shall be made personally or by mail. The failure to comply

with this requirement does not affect the validity of the judgment

lien.

 

697.570. Upon presentation of a notice of judgment lien on personal

property for filing and tender of the filing fee to the office of

the Secretary of State, the notice of judgment lien shall be filed,

marked, and indexed in the same manner as a financing statement. The

fee for filing in the office of the Secretary of State is the same

as the fee for filing a financing statement in the standard form. A

notice shall not be filed if it is presented for filing more than 10

days after the date of the notice.

 

697.580. (a) Upon the request of any person, the Secretary of State

shall issue a certificate showing whether there is on file in that

office on the date and hour stated therein any notice of judgment

lien on personal property filed against the property of a particular

person named in the request. If a notice of judgment lien is on

file, the certificate shall state the date and hour of filing of each

such notice and any notice affecting any such notice of judgment

lien and the name and address of the judgment creditor.

(b) Upon request, the Secretary of State shall furnish a copy of

any notice of judgment lien or notice affecting a notice of judgment

lien. The certificate shall be issued as part of a combined

certificate pursuant to Section 9528 of the Commercial Code, and the

fee for the certificate and copies shall be in accordance with that

section.

 

 

697.590. (a) As used in this section:

(1) "Filing" means:

(A) With respect to a judgment lien on personal property, the

filing of a notice of judgment lien in the office of the Secretary of

State to create a judgment lien on personal property under this

article.

(B) With respect to a security interest, the filing of a financing

statement pursuant to Division 9 (commencing with Section 9101) of

the Commercial Code.

(2) "Perfection" means perfection of a security interest pursuant

to Division 9 (commencing with Section 9101) of the Commercial Code.

 

(3) "Personal property" means:

(A) With respect to a judgment lien on personal property, the

property to which a judgment lien has attached pursuant to this

article.

(B) With respect to a security interest, the collateral subject to

a security interest pursuant to Division 9 (commencing with Section

9101) of the Commercial Code.

(4) "Purchase money security interest" means "purchase money

security interest" as defined in Section 9103 of the Commercial Code.

 

(b) Except as provided in subdivisions (d) and (e), priority

between a judgment lien on personal property and a conflicting

security interest in the same personal property shall be determined

according to this subdivision. Conflicting interests rank according

to priority in time of filing or perfection. In the case of a

judgment lien, priority dates from the time filing is first made

covering the personal property. In the case of a security interest,

priority dates from the time a filing is first made covering the

personal property or the time the security interest is first

perfected, whichever is earlier, provided that there is no period

thereafter when there is neither filing nor perfection.

(c) For the purposes of subdivision (b), a date of filing or

perfection as to personal property is also a date of filing or

perfection as to proceeds.

(d) A purchase money security interest has priority over a

conflicting judgment lien on the same personal property or its

proceeds if the purchase money security interest is perfected at the

time the judgment debtor (as a debtor under the security agreement)

receives possession of the personal property or within 20 days

thereafter.

(e) If a purchase money security interest in inventory has

priority over a judgment lien pursuant to subdivision (d) and a

conflicting security interest has priority over the purchase money

security interest in the same inventory pursuant to Section 9324 of

the Commercial Code, the conflicting security interest also has

priority over the judgment lien on the inventory subject to the

purchase money security interest notwithstanding that the conflicting

security interest would not otherwise have priority over the

judgment lien.

(f) A judgment lien that has attached to personal property and

that is also subordinate under subdivision (b) to a security interest

in the same personal property is subordinate to the security

interest only to the extent that the security interest secures

advances made before the judgment lien attached or within 45 days

thereafter or made without knowledge of the judgment lien or pursuant

to a commitment entered into without knowledge of the judgment lien.

For the purpose of this subdivision, a secured party shall be

deemed not to have knowledge of a judgment lien on personal property

until (1) the judgment creditor serves a copy of the notice of

judgment lien on the secured party personally or by mail and (2) the

secured party has knowledge of the judgment lien on personal

property, as "knowledge" is defined in Section 1201 of the Commercial

Code. If service on the secured party is by mail, it shall be sent

to the secured party at the address shown in the financing statement

or security agreement.

 

 

697.600. (a) A judgment lien on personal property has priority over

any other judgment lien thereafter created on the property.

(b) For the purpose of this section, if two or more judgment liens

attach to after-acquired property at the same time under subdivision

(b) of Section 697.530, the judgment lien first filed has priority.

 

 

697.610. Except as provided in Sections 9617 and 9622 of the

Commercial Code, a judgment lien on personal property continues

notwithstanding the sale, exchange, or other disposition of the

property, unless the person receiving the property is one of the

following:

(a) A buyer in ordinary course of business (as defined in Section

1201 of the Commercial Code) who, under Section 9320 of the

Commercial Code, would take free of a security interest created by

the seller.

(b) A lessee in ordinary course of business (as defined in

paragraph (15) of subdivision (a) of Section 10103 of the Commercial

Code) who, under Section 9321 of the Commercial Code, would take free

of a security interest created by the lessor.

(c) A holder to whom a negotiable document of title has been duly

negotiated within the meaning of Section 7501 of the Commercial Code.

 

(d) A purchaser of chattel paper who, under Section 9330 of the

Commercial Code, would have priority over another security interest

in the chattel paper.

 

 

697.620. (a) As used in this section:

(1) "Cash proceeds" means money, checks, deposit accounts, and the

like.

(2) "Proceeds" means identifiable cash proceeds received upon the

sale, exchange, collection, or other disposition of property subject

to a judgment lien on personal property.

(b) Except as provided in subdivision (c), the judgment lien on

personal property continues in the proceeds with the same priority.

(c) In the event of insolvency proceedings (as defined in Section

1201 of the Commercial Code) instituted by or against the judgment

debtor, the judgment lien continues under subdivision (b) only in the

following proceeds:

(1) Proceeds in a separate deposit account containing only

proceeds.

(2) Proceeds in the form of money which are neither commingled

with other money nor deposited in a deposit account prior to the

insolvency proceedings.

(3) Proceeds in the form of checks and the like which are not

deposited in a deposit account prior to the insolvency proceedings.

 

697.640. (a) The judgment creditor, judgment debtor, owner of

property subject to a judgment lien on personal property created

under the judgment, or a person having a security interest in or a

lien on the property subject to the judgment lien, may file in the

office of the Secretary of State an acknowledgment of satisfaction of

judgment executed as provided in Section 724.060 or a court clerk's

certificate of satisfaction of judgment issued pursuant to Section

724.100, together with a statement containing the name of the

judgment creditor, the name and address of the judgment debtor, and

the file number of the notice of judgment lien. Upon such filing,

the judgment lien created under the judgment that has been satisfied

is extinguished as a matter of record. The fee for filing the

acknowledgment or certificate is the same as the fee for filing a

termination statement under Section 9404 of the Commercial Code.

(b) The filing officer shall treat an acknowledgment of

satisfaction of judgment, or court clerk's certificate of

satisfaction of judgment, and statement filed pursuant to this

section in the same manner as a termination statement filed pursuant

to Section 9525 of the Commercial Code.

 

697.650. (a) The judgment creditor may by a writing do any of the

following:

(1) Release the judgment lien on all the personal property subject

to the lien of a sole judgment debtor or of all the judgment

debtors.

(2) If the notice of judgment lien names more than one judgment

debtor, release the judgment lien on all the personal property

subject to the lien of one or more but of less than all the judgment

debtors.

(3) Release the judgment lien on all or a part of the personal

property subject to the lien.

(4) Subordinate to a security interest or other lien or

encumbrance the judgment lien on all or a part of the personal

property subject to the judgment lien.

(b) A statement of release or subordination is sufficient if it is

signed by the judgment creditor and contains the name and address of

the judgment debtor, the file number of the notice of judgment lien,

and wording appropriate to bring the statement within one of the

paragraphs of subdivision (a). In the case of a release under

paragraph (3) of subdivision (a), the statement of release shall also

describe the property being released. In the case of a

subordination under paragraph (4) of subdivision (a), the statement

of subordination shall also describe the property on which the

judgment lien is being subordinated and describe the security

interest or other lien or encumbrance to which the judgment lien is

being subordinated.

(c) The filing officer shall treat the filing of a statement of

release pursuant to paragraph (1) of subdivision (a) of this section

in the same manner as a termination statement filed pursuant to

Sections 9513 and 9519 of the Commercial Code. The filing officer

shall treat the filing of a statement of release pursuant to

paragraph (2) of subdivision (a) of this section in the same manner

as a comparable amendment filed pursuant to Sections 9512 and 9519 of

the Commercial Code. The filing officer shall treat the filing of a

statement of release pursuant to paragraph (3) of subdivision (a) of

this section and the filing of a statement of subordination filed

pursuant to paragraph (4) of subdivision (a) of this section in the

same manner as a statement of release filed pursuant to Sections 9512

and 9519 of the Commercial Code.

(d) The fee for filing the statement is the same as that provided

in Section 9525 of the Commercial Code.

 

697.660. (a) If a notice of judgment lien on personal property

filed in the office of the Secretary of State appears to create a

judgment lien on personal property of a person who is not the

judgment debtor because the name of the property owner is the same as

or similar to that of the judgment debtor, the erroneously

identified property owner or a person having a security interest in

or a lien on the property may deliver to the judgment creditor a

written demand that the judgment creditor file in the office of the

Secretary of State a statement releasing the lien as to the property

of such owner. The demand shall be accompanied by proof to the

satisfaction of the judgment creditor that the property owner is not

the judgment debtor and that the property is not subject to

enforcement of the judgment against the judgment debtor.

(b) Within 15 days after receipt of the demand and proof

satisfactory to the judgment creditor that the property owner is not

the judgment debtor and that the property is not subject to

enforcement of the judgment, the judgment creditor shall file in the

office of the Secretary of State a statement releasing the lien on

the property of such owner. If the judgment creditor improperly

fails to file the statement of release within the time allowed, the

judgment creditor is liable to the person who made the demand for all

damages sustained by reason of such failure and shall also forfeit

one hundred dollars ($100) to such person.

(c) If the judgment creditor does not file a statement of release

pursuant to subdivision (b), the person who made the demand may apply

to the court on noticed motion for an order releasing the judgment

lien on the property of such owner. Notice of motion shall be served

on the judgment creditor. Service shall be made personally or by

mail. Upon presentation of evidence to the satisfaction of the court

that the property owner is not the judgment debtor and that the

property is not subject to enforcement of the judgment, the court

shall order the judgment creditor to prepare and file the statement

of release or shall itself order the release of the judgment lien on

the property of such owner. The court order may be filed in the

office of the Secretary of State with the same effect as the

statement of release demanded under subdivision (a).

(d) The court shall award reasonable attorney's fees to the

prevailing party in any action or proceeding maintained pursuant to

this section.

(e) The damages provided by this section are not in derogation of

any other damages or penalties to which an aggrieved person may be

entitled by law.

(f) The fee for filing a statement of release or court order under

this section is the same as that provided in Section 9525 of the

Commercial Code.

697.670. (a) The Secretary of State may prescribe, provided that a

cost-savings would be achieved thereby:

(1) The forms for the notice of judgment lien on personal property

and the statement of release or subordination provided for in this

article.

(2) The form for the statement provided for in Section 697.640 and

the situations when that form is required or is not required.

(b) A form prescribed by the Secretary of State for a notice or

statement pursuant to subdivision (a) is deemed to comply with this

article and supersedes any requirements specified in this article for

the notice or statement.

 

 

697.710. A levy on property under a writ of execution creates an

execution lien on the property from the time of levy until the

expiration of two years after the date of issuance of the writ unless

the judgment is sooner satisfied.

 

 

697.720. Subject to Section 701.630, if an interest in real

property subject to an execution lien is transferred or encumbered,

the interest transferred or encumbered remains subject to the lien

after the transfer or encumbrance.

 

 

697.730. (a) Subject to Section 701.630 and except as provided in

subdivision (b), if tangible personal property subject to an

execution lien is in the custody of a levying officer and is

transferred or encumbered, the property remains subject to the lien

after the transfer or encumbrance.

(b) If a levy upon tangible personal property of a going business

is made by the levying officer placing a keeper in charge of the

business, a purchaser or lessee of property subject to the execution

lien takes the property free of the execution lien if the purchaser

or lessee is one of the following:

(1) A buyer in ordinary course of business (as defined in Section

1201 of the Commercial Code) who, under Section 9320 of the

Commercial Code, would take free of a security interest created by

his or her seller.

(2) A lessee in ordinary course of business (as defined in

paragraph (15) of subdivision (a) of Section 10103 of the Commercial

Code) who, under Section 9321 of the Commercial Code, would take free

of a security interest created by the lessor.

 

697.740. Except as provided in Sections 9617 and 9622 of the

Commercial Code and in Section 701.630, if personal property subject

to an execution lien is not in the custody of a levying officer and

the property is transferred or encumbered, the property remains

subject to the lien after the transfer or encumbrance except where

the transfer or encumbrance is made to one of the following persons:

 

(a) A person who acquires an interest in the property under the

law of this state for reasonably equivalent value without knowledge

of the lien. For purposes of this subdivision, value is given for a

transfer or encumbrance if, in exchange for the transfer or

encumbrance, property is transferred or an antecedent debt is secured

or satisfied.

(b) A buyer in ordinary course of business (as defined in Section

1201 of the Commercial Code) who, under Section 9320 of the

Commercial Code, would take free of a security interest created by

the seller or encumbrancer.

(c) A lessee in ordinary course of business (as defined in

paragraph (15) of subdivision (a) of Section 10103 of the Commercial

Code) or a licensee in the ordinary course of business (as defined in

subdivision (a) of Section 9321 of the Commercial Code) who, under

Section 9321 of the Commercial Code, would take free of a security

interest created by the lessor or the licensor.

(d) A holder in due course (as defined in Section 3302 of the

Commercial Code) of a negotiable instrument within the meaning of

Section 3104 of the Commercial Code.

(e) A holder to whom a negotiable document of title has been duly

negotiated within the meaning of Section 7501 of the Commercial Code.

 

(f) A protected purchaser (as defined in Section 8303 of the

Commercial Code) of a security or a person entitled to the benefits

of Section 8502 or 8510 of the Commercial Code.

(g) A purchaser of chattel paper who gives new value and takes

possession of the chattel paper in good faith and in the ordinary

course of the purchaser's business or a purchaser of an instrument

who gives value and takes possession of the instrument in good faith.

 

(h) A holder of a purchase money security interest (as defined in

Section 9103 of the Commercial Code).

(i) A collecting bank holding a security interest in items being

collected, accompanying documents and proceeds, pursuant to Section

4210 of the Commercial Code.

(j) A person who acquires any right or interest in letters of

credit, advices of credit, or money.

(k) A person who acquires any right or interest in property

subject to a certificate of title statute of another jurisdiction

under the law of which indication of a security interest on the

certificate of title is required as a condition of perfection of the

security interest.

 

 

697.750. Notwithstanding Section 697.740, except as provided in

Section 9617 of the Commercial Code and in Section 701.630, if (1)

growing crops, (2) timber to be cut, or (3) minerals or the like

(including oil or gas) to be extracted or accounts receivable

resulting from the sale thereof at wellhead or minehead are subject

to an execution lien and are transferred or encumbered, the property

remains subject to the execution lien after the transfer or

encumbrance.

 

697.910. This article applies to liens created by any of the

following:

(a) An examination proceeding as provided in Section 708.110,

708.120, or 708.205.

(b) A creditor's suit as provided in Section 708.250.

(c) A charging order as provided in Section 708.320.

 

697.920. Except as provided in Section 9617 of the Commercial Code

and in Section 701.630, a lien described in Section 697.910 continues

on property subject to the lien, notwithstanding the transfer or

encumbrance of the property subject to the lien, unless the transfer

or encumbrance is made to a person listed in Section 697.740.

 

 

699.010. Except as otherwise provided by statute, this chapter

governs enforcement of a money judgment by a writ of execution.

 

699.020. At any time after delivery of a writ of execution to a

levying officer and before its return, a person indebted to the

judgment debtor may pay to the levying officer the amount of the debt

or so much thereof as is necessary to satisfy the money judgment.

The levying officer shall give a receipt for the amount paid and such

receipt is a discharge for the amount paid.

 

699.030. If personal property sought to be levied upon is located

in a private place of the judgment debtor:

(a) The levying officer making the levy shall demand delivery of

the property by the judgment debtor and shall advise the judgment

debtor that the judgment debtor may be liable for costs and attorney'

s fees incurred in any further proceedings to obtain delivery of the

property. If the judgment debtor does not deliver the property, the

levying officer shall make no further effort to obtain custody of the

property and shall promptly notify the judgment creditor of the

failure to obtain custody of the property.

(b) The judgment creditor may apply to the court ex parte, or on

noticed motion if the court so directs or a court rule so requires,

for an order directing the levying officer to seize the property in

the private place. The application may be made whether or not a writ

has been issued and whether or not demand has been made pursuant to

subdivision (a). The application for the order shall describe with

particularity both the property sought to be levied upon, and the

place where it is to be found, according to the best knowledge,

information, and belief of the judgment creditor. The court may not

issue the order unless the judgment creditor establishes that there

is probable cause to believe that property sought to be levied upon

is located in the place described. The levying officer making the

levy, at the time delivery of the property pursuant to the order is

demanded, shall announce his or her identity, purpose, and authority.

If the property is not voluntarily delivered, the levying officer

may cause the building or enclosure where the property is believed to

be located to be broken open in such manner as the levying officer

reasonably believes will cause the least damage, but if the levying

officer reasonably believes that entry and seizure of the property

will involve a substantial risk of death or serious bodily harm to

any person, the levying officer shall refrain from entering and shall

promptly make a return to the court setting forth the reasons for

believing that the risk exists. In such a case, the court shall make

such orders as may be appropriate.

 

 

699.040. (a) If a writ of execution is issued, the judgment

creditor may apply to the court ex parte, or on noticed motion if the

court so directs or a court rule so requires, for an order directing

the judgment debtor to transfer to the levying officer either or

both of the following:

(1) Possession of the property sought to be levied upon if the

property is sought to be levied upon by taking it into custody.

(2) Possession of documentary evidence of title to property of or

a debt owed to the judgment debtor that is sought to be levied upon.

An order pursuant to this paragraph may be served when the property

or debt is levied upon or thereafter.

(b) The court may issue an order pursuant to this section upon a

showing of need for the order.

(c) The order shall be personally served on the judgment debtor

and shall contain a notice to the judgment debtor that failure to

comply with the order may subject the judgment debtor to arrest and

punishment for contempt of court.

 

699.060. (a) The levying officer shall release property levied

upon when the levying officer receives a written direction to release

the property from the judgment creditor's attorney of record or, if

the judgment creditor does not have an attorney of record, from the

judgment creditor or when the levying officer receives a certified

copy of a court order for release or when otherwise required to

release the property. The release extinguishes any execution lien or

attachment lien in favor of the judgment creditor on the property

released.

(b) If the property to be released has been taken into custody

under the levy, it shall be released to the person from whom it was

taken unless otherwise ordered by the court. If the person does not

claim the property to be released, the levying officer shall retain

custody of the property and shall serve on such person a notice of

where possession of the property may be obtained. Service shall be

made personally or by mail. If the person does not claim the

property within 30 days after the notice is served, the levying

officer shall sell the property (other than cash which does not have

a value exceeding its face value) in the manner provided by Article 6

(commencing with Section 701.510). The levying officer shall

deposit the proceeds of sale and cash, after first deducting the

levying officer's costs, with the county treasurer of the county

where the property is located, payable to the order of the person.

If the amount deposited is not claimed by the person, or the legal

representative of the person, within five years after the deposit is

made, by making application to the treasurer or other official

designated by the county, it shall be paid into the general fund of

the county.

(c) If the property to be released has not been taken into custody

under the levy, the levying officer shall release the property by

issuing a written notice of release and serving it on the person who

was served with a copy of the writ and a notice of levy to create the

lien. Service shall be made personally or by mail.

(d) If the property to be released was levied upon by recording or

filing a copy of the writ and a notice of levy, the levying officer

shall record or file a written notice of release in the same office.

 

(e) The levying officer is not liable for releasing property in

accordance with this section nor is any other person liable for

acting in conformity with the release.

 

 

699.070. (a) The court may appoint a receiver or order the levying

officer to take any action the court orders that is necessary to

preserve the value of property levied upon, including but not limited

to selling the property, if the court determines that the property

is perishable or will greatly deteriorate or greatly depreciate in

value or that for some other reason the interests of the parties will

be best served by the order. An order may be made under this

subdivision upon application of the judgment creditor, the judgment

debtor, or a person who has filed a third-party claim pursuant to

Division 4 (commencing with Section 720.010). The application shall

be made on noticed motion if the court so directs or a court rule so

requires. Otherwise, the application may be made ex parte.

(b) If the levying officer determines that property levied upon is

extremely perishable or will greatly deteriorate or greatly

depreciate in value before a court order pursuant to subdivision (a)

could be obtained, the levying officer may take any action necessary

to preserve the value of the property or may sell the property. The

levying officer is not liable for a determination made in good faith

under this subdivision.

(c) Except as otherwise provided by order of the court, a sale of

property pursuant to this section shall be made in the manner

provided by Article 6 (commencing with Section 701.510) and the

proceeds shall be applied to the satisfaction of the money judgment

in the manner provided by Article 7 (commencing with Section

701.810). Notwithstanding subdivisions (b) and (d) of Section

701.530, notice of sale shall be posted and served at a reasonable

time before the sale, considering the character and condition of the

property.

(d) If a receiver is appointed, the court shall fix the daily fee

of the receiver and may order the judgment creditor to pay the fees

and expenses of the receiver in advance or may direct that the whole

or any part of the fees and expenses be paid from the proceeds of any

sale of the property. Except as otherwise provided in this section,

the provisions of Chapter 5 (commencing with Section 564) and

Chapter 5a (commencing with Section 571) of Title 7 govern the

appointment, qualifications, powers, rights, and duties of a receiver

appointed under this section.

 

699.080. (a) A registered process server may levy under a writ of

execution on the following types of property:

(1) Real property, pursuant to Section 700.015.

(2) Growing crops, timber to be cut, or minerals or the like

(including oil and gas) to be extracted or accounts receivable

resulting from the sale thereof at the wellhead or minehead, pursuant

to Section 700.020.

(3) Personal property in the custody of a levying officer,

pursuant to Section 700.050.

(4) Personal property used as a dwelling, pursuant to subdivision

(a) of Section 700.080.

(5) Deposit accounts, pursuant to Section 700.140.

(6) Property in a safe-deposit box, pursuant to Section 700.150.

(7) Accounts receivable or general intangibles, pursuant to

Section 700.170.

(8) Final money judgments, pursuant to Section 700.190.

(9) Interest of a judgment debtor in personal property in the

estate of a decedent, pursuant to Section 700.200.

(b) Before levying under the writ of execution, the registered

process server shall deposit a copy of the writ with the levying

officer and pay the fee provided by Section 26721 of the Government

Code.

(c) If a registered process server levies on property pursuant to

subdivision (a), the registered process server shall do both of the

following:

(1) Comply with the applicable levy, posting, and service

provisions of Article 4 (commencing with Section 700.010).

(2) Request any third person served to give a garnishee's

memorandum to the levying officer in compliance with Section 701.030

on a form provided by the registered process server.

(d) Within five days after levy under this section, all of the

following shall be filed with the levying officer:

(1) The writ of execution.

(2) An affidavit of the registered process server stating the

manner of levy performed.

(3) Proof of service of the copy of the writ and notice of levy on

other persons, as required by Article 4 (commencing with Section

700.010).

(4) Instructions in writing, as required by the provisions of

Section 687.010.

(e) If the fee provided by Section 26721 of the Government Code

has been paid, the levying officer shall perform all other duties

under the writ as if the levying officer had levied under the writ

and shall return the writ to the court. If the registered process

server does not comply with subdivisions (b) and (d), the levy is

ineffective and the levying officer is not required to perform any

duties under the writ and may issue a release for any property sought

to be levied upon.

(f) The fee for services of a registered process server under this

section shall be allowed as a recoverable cost pursuant to Section

1033.5.

(g) A registered process server may levy more than once under the

same writ of execution, provided that the writ is still valid.

 

699.090. If property that is required by law to be registered or

recorded in the name of the owner is levied upon under a writ of

execution and it appears at the time of the levy that the judgment

debtor was the registered or record owner of the property and the

judgment creditor caused the levy to be made and the lien maintained

in good faith and in reliance upon such registered or recorded

ownership, neither the judgment creditor, the levying officer, nor

the sureties on an undertaking given by the judgment creditor

pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3

(commencing with Section 720.210) of Division 4 is liable to a third

person for the levy itself.

 

699.510. (a) Subject to subdivision (b), after entry of a money

judgment, a writ of execution shall be issued by the clerk of the

court upon application of the judgment creditor and shall be directed

to the levying officer in the county where the levy is to be made

and to any registered process server. The clerk of the court shall

give priority to the application for, and issuance of, writs of

execution on orders or judgments for child support and spousal

support. A separate writ shall be issued for each county where a

levy is to be made. Writs may be issued successively until the money

judgment is satisfied, except that a new writ may not be issued for

a county until the expiration of 180 days after the issuance of a

prior writ for that county unless the prior writ is first returned.

(b) If the judgment creditor seeks a writ of execution to enforce

a judgment made, entered, or enforceable pursuant to the Family Code,

in addition to the requirements of this article, the judgment

creditor shall satisfy the requirements of any applicable provisions

of the Family Code.

(c) (1) The writ of execution shall be issued in the name of the

judgment debtor as listed on the judgment and may include the

additional name or names by which the judgment debtor is known as set

forth in the affidavit of identity, as defined in Section 680.135,

filed by the judgment creditor with the application for issuance of

the writ of execution. Prior to the clerk of the court issuing a

writ of execution containing any additional name or names by which

the judgment debtor is known that are not listed on the judgment, the

court shall approve the affidavit of identity. If the court

determines, without a hearing or a notice, that the affidavit of

identity states sufficient facts upon which the judgment creditor has

identified the additional names of the judgment debtor, the court

shall authorize the issuance of the writ of execution with the

additional name or names.

(2) In any case where the writ of execution lists any name other

than that listed on the judgment, the person in possession or control

of the levied property, if other than the judgment debtor, shall not

pay to the levying officer the amount or deliver the property being

levied upon until being notified to do so by the levying officer.

The levying officer may not require the person, if other than the

judgment debtor, in possession or control of the levied property to

pay the amount or deliver the property levied upon until the

expiration of 15 days after service of notice of levy.

(3) If a person who is not the judgment debtor has property

erroneously subject to an enforcement of judgment proceeding based

upon an affidavit of identity, the person shall be entitled to the

recovery of reasonable attorney's fees and costs from the judgment

creditor incurred in releasing the person's property from a writ of

execution, in addition to any other damages or penalties to which an

aggrieved person may be entitled to by law, including the provisions

of Division 4 (commencing with Section 720.010).

 

699.520. The writ of execution shall require the levying officer to

whom it is directed to enforce the money judgment and shall include

the following information:

(a) The date of issuance of the writ.

(b) The title of the court where the judgment is entered and the

cause and number of the action.

(c) The name and address of the judgment creditor and the name and

last known address of the judgment debtor.

(d) The date of the entry of the judgment and of any subsequent

renewals and where entered in the records of the court.

(e) The total amount of the money judgment as entered or renewed,

together with costs thereafter added to the judgment pursuant to

Section 685.090 and the accrued interest on the judgment from the

date of entry or renewal of the judgment to the date of issuance of

the writ, reduced by any partial satisfactions and by any amounts no

longer enforceable.

(f) The amount required to satisfy the money judgment on the date

the writ is issued.

(g) The amount of interest accruing daily on the principal amount

of the judgment from the date the writ is issued.

(h) Whether any person has requested notice of sale under the

judgment and, if so, the name and mailing address of such person.

(i) The sum of the fees and costs added to the judgment pursuant

to Section 6103.5 or 68511.3 of the Government Code and which is in

addition to the amount owing to the judgment creditor on the

judgment.

(j) Whether the writ of execution includes any additional names of

the judgment debtor pursuant to an affidavit of identity, as defined

in Section 680.135.

 

699.530. (a) Upon delivery of the writ of execution to the levying

officer to whom the writ is directed, together with the written

instructions of the judgment creditor, the levying officer shall

execute the writ in the manner prescribed by law.

(b) The levying officer may not levy upon any property under the

writ after the expiration of 180 days from the date the writ was

issued.

 

 

699.540. The notice of levy required by Article 4 (commencing with

Section 700.010) shall inform the person notified of all of the

following:

(a) The capacity in which the person is notified.

(b) The property that is levied upon.

(c) The person's rights under the levy, including the right to

claim an exemption pursuant to Chapter 4 (commencing with Section

703.010) and the right to make a third-party claim pursuant to

Division 4 (commencing with Section 720.010).

(d) The person's duties under the levy.

(e) All names listed in the writ of execution pursuant to an

affidavit of identity, as defined in Section 680.135, if any.

 

 

699.545. A copy of the original notice of levy which has been

served upon a third party holding the property sought to be levied

upon and the affidavit of identity, as defined in Section 680.135, if

any, if served upon the judgment debtor or any other party, shall

suffice as the notice of levy to that person.

 

699.550. In any case where property has been levied upon and,

pursuant to a levy, a copy of the writ of execution and a notice of

levy are required by statute to be posted or to be served on or

mailed to the judgment debtor or other person, failure to post,

serve, or mail the copy of the writ and the notice does not affect

the execution lien created by the levy. Failure to serve on or mail

to the judgment debtor a list of exemptions does not affect the

execution lien created by the levy.

 

699.560. (a) Except as provided in subdivisions (b) and (c), the

levying officer to whom the writ of execution is delivered shall

return the writ to the court, together with a report of the levying

officer's actions and an accounting of amounts collected and costs

incurred, at the earliest of the following times:

(1) Two years from the date of issuance of the writ.

(2) Promptly after all of the duties under the writ are performed.

 

(3) When return is requested in writing by the judgment creditor.

 

(4) If no levy takes place under the writ within 180 days after

its issuance, promptly after the expiration of the 180-day period.

(5) Upon expiration of the time for enforcement of the money

judgment.

(b) If a levy has been made under Section 700.200 upon an interest

in personal property in the estate of a decedent, the writ shall be

returned within the time prescribed in Section 700.200.

(c) If a levy has been made under Section 5103 of the Family Code

on the judgment debtor's right to the payment of benefits from an

employee pension benefit plan, the writ shall be returned within the

time prescribed in that section.

(d) If a levy has been made under the Wage Garnishment Law

(Chapter 5 (commencing with Section 706.010)), and the earnings

withholding order remains in effect, the writ of execution shall be

returned as provided in subdivision (a) and a supplemental return

shall be made as provided in Section 706.033.

 

699.710. Except as otherwise provided by law, all property that is

subject to enforcement of a money judgment pursuant to Article 1

(commencing with Section 695.010) of Chapter 1 is subject to levy

under a writ of execution to satisfy a money judgment.

 

 

699.720. (a) The following types of property are not subject to

execution:

(1) An alcoholic beverage license that is transferable under

Article 5 (commencing with Section 24070) of Chapter 6 of Division 9

of the Business and Professions Code.

(2) The interest of a partner in a partnership or member in a

limited liability company if the partnership or the limited liability

company is not a judgment debtor.

(3) A cause of action that is the subject of a pending action or

special proceeding.

(4) A judgment in favor of the judgment debtor prior to the

expiration of the time for appeal from the judgment or, if an appeal

is filed, prior to the final determination of the appeal.

(5) A debt (other than earnings) owing and unpaid by a public

entity.

(6) The loan value of an unmatured life insurance, endowment, or

annuity policy.

(7) A franchise granted by a public entity and all the rights and

privileges of the franchise.

(8) The interest of a trust beneficiary.

(9) A contingent remainder, executory interest, or other interest

in property that is not vested.

(10) Property in a guardianship or conservatorship estate.

(b) Nothing in subdivision (a) affects or limits the right of the

judgment creditor to apply property to the satisfaction of a money

judgment pursuant to any applicable procedure other than execution.

 

 

700.010. (a) At the time of levy pursuant to this article or

promptly thereafter, the levying officer shall serve a copy of the

following on the judgment debtor:

(1) The writ of execution.

(2) A notice of levy.

(3) If the judgment debtor is a natural person, a copy of the form

listing exemptions prepared by the Judicial Council pursuant to

subdivision (c) of Section 681.030 and the list of exemption amounts

published pursuant to subdivision (d) of Section 703.150.

(4) Any affidavit of identity, as defined in Section 680.135, for

names of the debtor listed on the writ of execution.

(b) Service under this section shall be made personally or by

mail.

 

 

700.015. (a) To levy upon real property, the levying officer shall

record with the recorder of the county where the real property is

located a copy of the writ of execution and a notice of levy that

describes the property levied upon and states that the judgment

debtor's interest in the described property has been levied upon. If

the judgment debtor's interest in the real property stands upon the

records of the county in the name of a person other than the judgment

debtor, the notice of levy shall identify the third person and the

recorder shall index the copy of the writ and notice of levy in the

names of both the judgment debtor and the third person.

(b) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ and a notice of levy on any

third person in whose name the judgment debtor's interest in the real

property stands upon the records of the county. Service shall be

made personally or by mail. If service on the third person is by

mail, it shall be sent to the person at the address for such person,

if any, shown by the records of the office of the tax assessor of the

county where the real property is located or, if no address is so

shown, to the person at the address used by the county recorder for

the return of the instrument creating the interest of the third

person in the property.

(c) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ and a notice of levy on one

occupant of the real property. Service on the occupant shall be made

by leaving the copy of the writ and a notice of levy with the

occupant personally or, in the occupant's absence, with a person of

suitable age and discretion found upon the real property when service

is attempted who is either an employee or agent of the occupant or a

member of the occupant's household. If unable to serve such an

occupant at the time service is attempted, the levying officer shall

post the copy of the writ and the notice of levy in a conspicuous

place on the real property. If the real property described in the

notice of levy consists of more than one distinct lot, parcel, or

governmental subdivision and any of the lots, parcels, or

governmental subdivisions lies with relation to any of the others so

as to form one or more continuous, unbroken tracts, only one service

or posting need be made under this subdivision as to each continuous,

unbroken tract.

 

700.020. (a) To levy upon (1) growing crops, (2) timber to be cut,

or (3) minerals or the like (including oil and gas) to be extracted

or accounts receivable resulting from the sale thereof at the

wellhead or minehead, the levying officer shall record with the

recorder of the county where those crops, timber, or minerals or the

like are located a copy of the writ of execution and a notice of levy

that describes the property levied upon and states that the judgment

debtor's interest in the described property has been levied upon and

describes the real property where the crops, timber, or minerals or

the like are located. If the judgment debtor's interest in the

crops, timber, minerals or the like, or if the real property where

the crops, timber, or minerals or the like are located, stands upon

the records of the county in the name of a person other than the

judgment debtor, the notice of levy shall identify the third person

and the recorder shall index the copy of the writ and notice of levy

in the names of both the judgment debtor and the third person.

(b) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ and a notice of levy

personally or by mail on the following persons:

(1) Any third person in whose name the judgment debtor's interest

in the crops, timber, minerals or the like stands upon the records of

the county and any third person in whose name the real property

stands upon the records of the county. If service on the third

person is by mail, it shall be sent to the person at the address for

the person, if any, shown by the records of the office of the

assessor of the county where the real property is located or, if no

address is so shown, to the person at the address used by the county

recorder for the return of the instrument creating the interest of

the third person in the property.

(2) Any secured party who has filed a financing statement with

respect to the crops, timber, or minerals or the like or the

accounts receivable, prior to the date of levy on the property.

(c) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ and a notice of levy on one

occupant of the real property where the crops, timber, or minerals or

the like are located. Service on the occupant shall be made by

leaving the copy of the writ and a notice of levy with the occupant

personally or, in the occupant's absence, with a person of suitable

age and discretion found upon the real property when service is

attempted who is either an employee or agent of the occupant or a

member of the occupant's household. If he or she is unable to serve

an occupant or suitable person at the time service is attempted, the

levying officer shall post the copy of the writ and the notice of

levy in a conspicuous place on the real property. However, the

posting requirement of the preceding sentence shall not apply where

the levy is made upon minerals or the like (but not including oil or

gas) and no dwelling is located on the real property. If the real

property described in the notice of levy consists of more than one

distinct lot, parcel, or governmental subdivision and any of the

lots, parcels, or governmental subdivisions lies with relation to any

of the others so as to form one or more continuous, unbroken tracts,

only one service or posting need be made under this subdivision as

to each continuous, unbroken tract.

 

700.030. Unless another method of levy is provided by this article,

to levy upon tangible personal property in the possession or under

the control of the judgment debtor, the levying officer shall take

the property into custody.

 

 

700.040. (a) Unless another method of levy is provided by this

article, to levy upon tangible personal property in the possession or

under the control of a third person, the levying officer shall

personally serve a copy of the writ of execution and a notice of levy

on the third person.

(b) If goods are in the possession of a bailee who has issued a

negotiable document of title therefor, the goods may not be levied

upon but the negotiable document of title may be levied upon in the

manner provided by Section 700.120. If goods are in the possession

of a bailee other than one who has issued a negotiable document of

title therefor, the goods may be levied upon in the manner provided

by Section 700.060. As used in this subdivision, "bailee" means

"bailee" as defined in Section 7102 of the Commercial Code.

 

 

700.050. (a) To levy upon personal property in the custody of a

levying officer:

(1) If the writ of execution is directed to the levying officer

having custody of the property, the judgment creditor shall deliver

the writ to the levying officer.

(2) If the writ of execution is directed to a levying officer

other than the levying officer having custody of the property, the

levying officer to whom the writ is directed shall serve a copy of

the writ and a notice of levy on the levying officer having custody.

Service shall be made personally or by mail.

(b) The levying officer having custody of the property shall

comply with the writs in the order they are received and is not

subject to the provisions of Article 5 (commencing with Section

701.010) (duties and liabilities of third persons after levy).

 

700.060. (a) To levy upon goods in the possession of a bailee (as

defined in Section 7102 of the Commercial Code) other than one who

has issued a negotiable document of title therefor, the levying

officer shall personally serve a copy of the writ of execution and a

notice of levy on the bailee.

(b) If the goods described in subdivision (a) are subject to a

security interest, the levying officer shall, if so instructed by the

judgment creditor, serve a copy of the writ of execution and a

notice of levy on the secured party. Service shall be made

personally or by mail.

 

700.070. To levy upon tangible personal property of a going

business in the possession or under the control of the judgment

debtor, the levying officer shall comply with Section 700.030, except

to the extent that the judgment creditor instructs that levy be made

in the following manner:

(a) The levying officer shall place a keeper in charge of the

business for the period requested by the judgment creditor. During

the period, the business may continue to operate in the ordinary

course of business provided that all sales are final and are for cash

or its equivalent. For the purpose of this subdivision, a check is

the equivalent of cash. The levying officer is not liable for

accepting payment in the form of a cash equivalent. The keeper shall

take custody of the proceeds from all sales unless otherwise

directed by the judgment creditor.

(b) The levying officer shall take the tangible personal property

into exclusive custody at the earliest of the following times:

(1) At any time the judgment debtor objects to placement of a

keeper in charge of the business.

(2) At any time when requested by the judgment creditor.

(3) At the end of 10 days from the time the keeper is placed in

charge of the business.

(c) Where a keeper is placed in a business for the purpose of

taking into custody tangible personal property consisting solely of

money or equivalent proceeds of sales, the provisions of subdivision

(b) shall not apply, and the levying officer shall take such property

into exclusive custody at the end of each daily keeper period.

 

700.080. (a) To levy upon personal property used as a dwelling, the

levying officer shall serve a copy of the writ of execution and a

notice of levy on one occupant of the property. Service on the

occupant shall be made by leaving the copy of the writ and the notice

of levy with the occupant personally or, in the occupant's absence,

with a person of suitable age and discretion found at the property

when service is attempted who is a member of the occupant's family or

household. If unable to serve the occupant at the time service is

attempted, the levying officer shall make the levy by posting the

copy of the writ and the notice of levy in a conspicuous place on the

property.

(b) If the judgment creditor so instructs, the levying officer

shall place a keeper in charge of the property for a period requested

by the judgment creditor.

(c) The judgment creditor may apply to the court on noticed motion

for an order directing the levying officer to remove the occupants.

The notice of motion shall be served on any legal owner and any

junior lienholder who was served pursuant to Section 700.090, on the

occupant, and, if the judgment debtor is not the occupant, on the

judgment debtor. Service shall be made personally or by mail. At

the hearing on the motion the court shall determine the occupant's

right to possession and shall make an order including terms and

conditions that are appropriate under the circumstances of the case.

 

(d) Personal property used as a dwelling shall include a

mobilehome, whether the mobilehome is occupied or unoccupied at the

time of the levy.

 

700.090. If a vehicle or vessel is levied upon and a certificate of

ownership has been issued by the Department of Motor Vehicles for

such vehicle or vessel and the certificate of ownership is still in

effect, or if a manufactured home, mobilehome, or commercial coach

is levied upon and a permanent title record has been established by

the Department of Housing and Community Development for such

manufactured home, mobilehome, or commercial coach the levying

officer shall determine from the appropriate department the name and

address of the legal owner and each junior lienholder of the

property levied upon. If the legal owner or junior lienholder is not

the judgment debtor and is not in possession of the vehicle, vessel,

manufactured home, mobilehome, or commercial coach, the levying

officer shall at the time of levy or promptly thereafter serve a copy

of the writ of execution and a notice of levy on the legal owner or

junior lienholder. Service shall be made personally or by mail.

 

700.100. (a) To levy upon chattel paper, the levying officer shall:

 

(1) If the chattel paper is in the possession of the judgment

debtor, take the chattel paper into custody.

(2) If the chattel paper is in the possession of a third person,

personally serve a copy of the writ of execution and a notice of levy

on the third person.

(b) If the levying officer obtains custody of the chattel paper or

if pursuant to a security agreement the judgment debtor has liberty

to collect or compromise the chattel paper or to accept the return of

goods or make repossessions, the levying officer shall, if so

instructed by the judgment creditor, serve a copy of the writ of

execution and a notice of levy on the account debtor. Service shall

be made personally or by mail.

(c) In addition to any other rights created by a levy on chattel

paper, the levy creates a lien on the judgment debtor's rights in

specific goods subject to the chattel paper.

700.110. (a) To levy upon an instrument, the levying officer shall:

 

(1) If the instrument is in the possession of the judgment debtor,

take the instrument into custody.

(2) If the instrument is in the possession of a third person,

personally serve a copy of the writ of execution and a notice of levy

on the third person.

(b) If the levying officer obtains custody of the instrument, the

levying officer shall, if the judgment creditor so instructs, serve a

copy of the writ of execution and a notice of levy on the obligor.

Service shall be made personally or by mail.

 

700.120. To levy upon a negotiable document of title, the levying

officer shall:

(a) If the negotiable document of title is in the possession of

the judgment debtor, take the negotiable document of title into

custody.

(b) If the negotiable document of title is in the possession of a

third person, personally serve a copy of the writ of execution and a

notice of levy on the third person.

 

700.130. To levy upon a security, the levying officer shall comply

with Section 8112 of the Commercial Code. The legal process referred

to in Section 8112 of the Commercial Code means the legal process

required by the state in which the chief executive office of the

issuer of the security is located and, where that state is

California, means personal service by the levying officer of a copy

of the writ of execution and notice of levy on the person who is to

be served.

 

 

700.140. (a) Subject to Section 700.160, to levy upon a deposit

account, the levying officer shall personally serve a copy of the

writ of execution and a notice of levy on the financial institution

with which the deposit account is maintained, or shall personally

serve the writ of execution and notice of levy to a centralized

location within the county designated by the financial institution.

If the writ of execution is received at the designated central

location, it shall apply to all deposit accounts held by the

financial institution regardless of the location of that property.

The execution lien reaches only amounts in the deposit account at the

time of service on the financial institution, including any item in

the deposit account that is in the process of being collected, unless

the item is returned unpaid to the financial institution. This

section does not require a financial institution to designate a

central location for personal service of the writ of execution and

notice of levy.

(b) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ of execution and a notice of

levy on any third person in whose name the deposit account stands.

Service shall be made personally or by mail.

(c) During the time the execution lien is in effect, the financial

institution shall not honor a check or other order for the payment

of money drawn against, and shall not pay a withdrawal from, the

deposit account that would reduce the deposit account to an amount

that is less than the amount levied upon. For the purposes of this

subdivision, in determining the amount of the deposit account, the

financial institution shall not include the amount of items deposited

to the credit of the deposit account that are in the process of

being collected.

(d) During the time the execution lien is in effect, the financial

institution is not liable to any person for any of the following:

(1) Performance of the duties of a garnishee under the levy.

(2) Nonpayment of a check or other order for the payment of money

drawn or presented against the deposit account if the nonpayment is

pursuant to the requirements of subdivision (c).

(3) Refusal to pay a withdrawal from the deposit account if the

refusal is pursuant to the requirements of subdivision (c).

(e) When the amount levied upon pursuant to this section is paid

to the levying officer, the execution lien on the deposit account

levied upon terminates.

(f) For the purposes of this section, neither of the following is

a third person in whose name the deposit account stands:

(1) A person who is only a person named as the beneficiary of a

Totten trust account.

(2) A person who is only a payee designated in a pay-on-death

provision in an account pursuant to Section 18318.5 of the Financial

Code or Section 5140 of the Probate Code, or other similar provision.

 

700.150. (a) Subject to Section 700.160, to levy upon property in a

safe-deposit box, the levying officer shall personally serve a copy

of the writ of execution and a notice of levy on the financial

institution with which the safe-deposit box is maintained.

(b) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ of execution and a notice of

levy on any third person in whose name the safe-deposit box stands.

Service shall be made personally or by mail.

(c) During the time the execution lien is in effect, the financial

institution may not permit the removal of any of the contents of the

safe-deposit box except as directed by the levying officer.

(d) Upon receipt of a garnishee's memorandum from the financial

institution, as required by Section 701.030, indicating a

safe-deposit box is under levy, the levying officer shall promptly

mail a written notice to the judgment creditor demanding an

additional fee as required by Section 26723 of the Government Code,

plus the costs to open the safe-deposit box and seize and store the

contents. The levying officer shall release the levy on the

safe-deposit box if the judgment creditor does not pay the required

fee, plus costs, within three business days plus the extended time

period specified in subdivision (a) of Section 1013 for service by

mail by the levying officer.

(e) The levying officer may first give the person in whose name

the safe-deposit box stands an opportunity to open the safe-deposit

box to permit the removal pursuant to the levy of the property levied

upon. The financial institution may refuse to permit the forcible

opening of the safe-deposit box to permit the removal of the property

levied upon unless the judgment creditor pays in advance the cost of

forcibly opening the safe-deposit box and of repairing any damage

caused thereby.

(f) During the time the execution lien is in effect, the financial

institution is not liable to any person for any of the following:

(1) Performance of the duties of a garnishee under the levy.

(2) Refusal to permit access to the safe-deposit box by the person

in whose name it stands.

(3) Removal of any of the contents of the safe-deposit box

pursuant to the levy.

 

700.160. (a) Except as provided in subdivision (b), a deposit

account or safe-deposit box standing in the name of a person other

than the judgment debtor, either alone or together with other third

persons, is not subject to levy under Section 700.140 or 700.150

unless the levy is authorized by court order. The levying officer

shall serve a copy of the court order on the third person at the time

the copy of the writ of execution and the notice of levy are served

on the third person.

(b) A court order is not required as a prerequisite to levy on a

deposit account or safe-deposit box standing in the name of any of

the following:

(1) The judgment debtor, whether alone or together with third

persons.

(2) The judgment debtor's spouse, whether alone or together with

other third persons. An affidavit showing that the person in whose

name the account stands is the judgment debtor's spouse shall be

delivered to the financial institution at the time of levy.

(3) A fictitious business name if an unexpired fictitious business

name statement filed pursuant to Chapter 5 (commencing with Section

17900) of Part 3 of Division 7 of the Business and Professions Code

lists as the persons doing business under the fictitious business

name either (A) the judgment debtor or (B) the judgment debtor's

spouse or (C) the judgment debtor and the judgment debtor's spouse,

but does not list any other person. A copy of a fictitious business

name statement, certified as provided in Section 17926 of the

Business and Professions Code, that satisfies these requirements

shall be delivered to the financial institution at the time of levy,

and if a person other than the defendant is listed in the statement,

an affidavit showing that the other person is the judgment debtor's

spouse shall also be delivered to the financial institution at the

time of levy.

(4) The additional name of a judgment debtor listed on the writ of

execution pursuant to an affidavit of identity as provided by

Section 680.135, whether alone or together with third persons.

(c) In any case where a deposit account in the name of a person

other than the judgment debtor, whether alone or together with the

judgment debtor, is levied upon, the financial institution shall not

pay to the levying officer the amount levied upon until being

notified to do so by the levying officer. The levying officer may

not require the financial institution to pay the amount levied upon

until the expiration of 15 days after service of notice of levy on

the third person.

 

 

700.170. (a) Unless another method of levy is provided by this

article, to levy upon an account receivable or general intangible,

the levying officer shall personally serve a copy of the writ of

execution and a notice of levy on the account debtor.

(b) If a levy is made under subdivision (a) and payments on the

account receivable or general intangible are made to a person other

than the judgment debtor (whether pursuant to a security agreement,

assignment for collection, or otherwise), the levying officer shall,

if so instructed by the judgment creditor, personally serve a copy of

the writ of execution and a notice of levy on such third person.

Service of the copy of the writ and notice of levy on such third

person is a levy on any amounts owed to the judgment debtor by such

third person.

 

700.180. (a) The following property may be levied upon pursuant to

this article notwithstanding that the property levied upon is the

subject of a pending action or special proceeding:

(1) Real property.

(2) Growing crops, timber to be cut, or minerals or the like

(including oil and gas) to be extracted or accounts receivable

resulting from the sale thereof at the wellhead or minehead.

(3) Tangible personal property in the possession or under the

control of the judgment debtor or in the custody of a levying

officer.

(4) The interest of a judgment debtor in personal property in the

estate of a decedent, whether the interest arises by testate or

intestate succession.

(b) Except as provided in subdivision (a), a levy upon property

that is the subject of an action or special proceeding pending at the

time of the levy is not effective.

(c) If a levy is attempted but is ineffective under subdivision

(b) and the levying officer has requested a garnishee's memorandum

under Section 701.030 in connection with the ineffective levy, the

garnishee's memorandum shall include the following information in

addition to that required by Section 701.030:

(1) A statement that the levy on the property is not effective

because the property is the subject of a pending action or special

proceeding.

(2) The title of the court, cause, and number of the pending

action or proceeding.

(d) For the purpose of this section, an action or proceeding is

pending from the time the action or proceeding is commenced until

judgment has been entered and the time for appeal has expired or, if

an appeal is filed, until the appeal has been finally determined.

(e) Nothing in this section affects or limits the right of the

judgment creditor to obtain a lien pursuant to Article 5 (commencing

with Section 708.410) of Chapter 6.

 

700.190. (a) As used in this section, "final money judgment" means

a money judgment after the time for appeal from the judgment has

expired or, if an appeal is filed, after the appeal has been finally

determined.

(b) To levy upon a final money judgment, the levying officer shall

file a copy of the writ of execution and a notice of levy with the

clerk of the court that entered the final money judgment. The court

clerk shall endorse upon the judgment a statement of the existence of

the execution lien and the time it was created. If an abstract of

the judgment is issued, it shall include a statement of the execution

lien in favor of the judgment creditor.

(c) At the time of levy or promptly thereafter, the levying

officer shall serve a copy of the writ of execution and a notice of

levy on the judgment debtor obligated to pay the final money judgment

levied upon. Service shall be made personally or by mail.

 

700.200. (a) To levy upon the interest of the judgment debtor in

personal property in the estate of a decedent, whether the interest

arises by testate or intestate succession, the levying officer shall

personally serve a copy of the writ and a notice of levy on the

personal representative of the decedent. The levy does not impair

the powers of the representative over the property for the purposes

of administration.

(b) The personal representative shall report the levy to the court

in which the estate is being administered when any petition for

distribution is filed. If a decree orders distribution to the

judgment debtor, the court making the decree shall order the property

levied upon to be delivered to the levying officer. The property

may not be delivered to the levying officer until the decree

distributing the property has become final. To the extent the

property delivered to the levying officer is not necessary to satisfy

the money judgment, it shall be released to the judgment debtor.

(c) Promptly after the property is delivered to the levying

officer pursuant to subdivision (b), the levying officer shall serve

a notice describing the property on the judgment debtor. Service

shall be made personally or by mail. Notwithstanding Section

703.520, a claim of exemption for the property described in the

notice may be made within 10 days after the notice was served on the

judgment debtor.

(d) Notwithstanding Section 697.710, an execution lien created by

a levy pursuant to this section continues for a period of one year

after the decree distributing the interest has become final unless

the judgment is sooner satisfied.

(e) A writ under which a levy is made pursuant to this section

shall be returned not later than one year after the date the decree

distributing the interest has become final.

 

 

701.010. (a) Except as otherwise provided by statute, when a levy

is made by service of a copy of the writ of execution and a notice of

levy on a third person, the third person at the time of levy or

promptly thereafter shall comply with this section.

(b) Unless the third person has good cause for failure or refusal

to do so:

(1) The third person shall deliver to the levying officer any of

the property levied upon that is in the possession or under the

control of the third person at the time of levy unless the third

person claims the right to possession of the property.

(2) To the extent that the third person does not deny an

obligation levied upon, or claim a priority over the judgment

creditor's lien, the third person shall pay to the levying officer

both of the following:

(A) The amount of the obligation levied upon that is due and

payable to the judgment debtor at the time of levy.

(B) Amounts that become due and payable to the judgment debtor on

the obligation levied upon during the period of the execution lien.

(3) If the third person makes a delivery or payment to the levying

officer pursuant to this section, the third person shall execute and

deliver any documents necessary to effect the transfer of the

property.

(c) For the purposes of this section, "good cause" includes, but

is not limited to, a showing that the third person did not know or

have reason to know of the levy from all the facts and circumstances

known to the third person.

 

 

701.020. (a) If a third person is required by this article to

deliver property to the levying officer or to make payments to the

levying officer and the third person fails or refuses without good

cause to do so, the third person is liable to the judgment creditor

for whichever of the following is the lesser amount:

(1) The value of the judgment debtor's interest in the property or

the amount of the payments required to be made.

(2) The amount required to satisfy the judgment pursuant to which

the levy is made.

(b) The third person's liability continues until the earliest of

the following times:

(1) The time when the property levied upon is delivered to the

levying officer or the payments are made to the levying officer.

(2) The time when the property levied upon is released pursuant to

Section 699. 060.

(3) The time when the judgment is satisfied or discharged.

(c) If the third person's liability is established, the court that

determines the liability may, in its discretion, require the third

person to pay the costs and reasonable attorney's fees incurred by

the judgment creditor in establishing the liability.

 

701.030. (a) At the time of service of a copy of the writ of

execution and a notice of levy on a third person, the levying officer

shall request the third person to give the levying officer a

garnishee's memorandum containing the information required by this

section. Within 10 days after the request is made, the third person

shall mail or deliver the garnishee's memorandum to the levying

officer whether or not the levy is effective.

(b) The garnishee's memorandum shall be executed under oath and

shall contain the following information:

(1) A description of any property of the judgment debtor sought to

be levied upon that is not delivered to the levying officer and the

reason for not delivering the property.

(2) A description of any property of the judgment debtor not

sought to be levied upon that is in the possession or under the

control of the third person at the time of levy.

(3) A statement of the amount and terms of any obligation to the

judgment debtor sought to be levied upon that is due and payable and

is not paid to the levying officer, and the reason for not paying the

obligation.

(4) A statement of the amount and terms of any obligation to the

judgment debtor sought to be levied upon that is not due and payable

at the time of levy.

(5) A statement of the amount and terms of any obligation to the

judgment debtor at the time of levy not sought to be levied upon.

(6) A description of claims and rights of other persons to the

property or obligation levied upon that are known to the third person

and the names and addresses of such other persons.

(c) If a garnishee's memorandum is received from the third person,

the levying officer shall promptly mail or deliver a copy of the

memorandum to the judgment creditor and attach the original to the

writ when it is returned to the court. If a garnishee's memorandum

is not received from the third person, the levying officer shall so

state in the return.

(d) Except as provided in subdivisions (e) and (f), if a third

person does not give the levying officer a garnishee's memorandum

within the time provided in subdivision (a) or does not provide

complete information, the third person may, in the court's

discretion, be required to pay the costs and reasonable attorney's

fees incurred in any proceedings to obtain the information required

in the garnishee's memorandum.

(e) Notwithstanding subdivision (a), when the levy is made upon a

deposit account or upon property in a safe deposit box, the financial

institution need not give a garnishee's memorandum to the levying

officer if the financial institution fully complies with the levy

and, if a garnishee's memorandum is required, the garnishee's

memorandum need provide information with respect only to property

which is carried on the records available at the office or branch

where the levy is made.

(f) Notwithstanding subdivision (a), the third person need not

give a garnishee's memorandum to the levying officer if both of the

following conditions are satisfied:

(1) The third person has delivered to the levying officer all of

the property sought to be levied upon.

(2) The third person has paid to the levying officer the amount

due at the time of levy on any obligation to the judgment debtor that

was levied upon and there is no additional amount that thereafter

will become payable on the obligation levied upon.

 

701.035. A third person who gives a garnishee's memorandum pursuant

to this title is not liable to any person for the disclosure in the

garnishee's memorandum of any information contained in the garnishee'

s memorandum.

 

 

701.040. (a) Except as otherwise ordered by the court upon a

determination that the judgment creditor's lien has priority over the

security interest, if property levied upon is subject to a security

interest that attached prior to levy, the property or obligation is

subject to enforcement of the security interest without regard to the

levy unless the property is in the custody of the levying officer;

but, if the execution lien has priority over the security interest,

the secured party is liable to the judgment creditor for any proceeds

received by the secured party from the property to the extent of the

execution lien.

(b) After the security interest is satisfied, the secured party

shall deliver any excess property, and pay any excess payments or

proceeds of property, remaining in the possession of the secured

party to the levying officer for the purposes of the levy, as

provided in Section 9615 of the Commercial Code, unless otherwise

ordered by the court or directed by the levying officer.

 

701.050. After service of a copy of the writ of execution and a

notice of levy on an account debtor obligated on an account

receivable, chattel paper, or general intangible:

(a) If the account debtor has been making payments or is required

to make payments to the judgment debtor, the account debtor shall

make payments to the levying officer as they become due unless

otherwise directed by court order or by the levying officer.

Payments made to the judgment debtor after the account debtor has

received notice of the levy do not discharge the obligation of the

account debtor to make payments as required by this subdivision.

(b) If the account debtor has been making payments to a third

person or is required to make payments to a third person (whether

pursuant to a security agreement, assignment for collection, or

otherwise), the account debtor shall continue to make such payments

to the third person notwithstanding the levy until the account debtor

receives notice that the obligation to the third person is satisfied

or is otherwise directed by court order or by the third person.

After the account debtor receives notice that the obligation to the

third person is satisfied, the account debtor shall make payments to

the levying officer as they become due unless otherwise directed by

court order or by the levying officer.

(c) If pursuant to a security agreement the judgment debtor has

liberty to accept the return of goods or make repossessions under the

account receivable or chattel paper, the account debtor shall

deliver to the levying officer property returnable to the judgment

debtor unless otherwise directed by court order or by the levying

officer.

 

701.060. If the levying officer obtains custody of an instrument

levied upon and serves the obligor under the instrument pursuant to

the levy, the obligor shall make payments to the levying officer as

they become due. Payments made to a person other than the levying

officer do not discharge the obligation of the obligor to make

payments as required by this section if the payments are made after

the obligor has received notice of the levy.

 

701.070. If a final money judgment has been levied upon and the

levying officer has served the judgment debtor under the final money

judgment levied upon, the judgment debtor shall make any payments due

under the judgment to the levying officer. Payments made to a

person other than the levying officer do not discharge the obligation

of the judgment debtor under the final money judgment levied upon if

the payments are made after the judgment debtor has received notice

of the levy.

 

701.510. Subject to Sections 687.020 and 701.520, the levying

officer shall sell all property that has been levied upon except:

(a) Tangible personal property may not be sold until the levying

officer obtains custody of the property.

(b) Cash may not be sold unless it has a value exceeding its face

value.

 

 

701.520. (a) Except as provided in this section, any of the

following property that has been levied upon shall be collected

rather than sold:

(1) Accounts receivable.

(2) Chattel paper.

(3) General intangibles.

(4) Final money judgments.

(5) Instruments that are not customarily transferred in an

established market.

(6) Instruments that represent an obligation arising out of the

sale or lease of property, a license to use property, the furnishing

of services, or the loan of money where the property sold or leased

or licensed for use, the services furnished, or the money loaned was

used by an individual primarily for personal, family, or household

purposes.

(b) At the time of levy on property described in subdivision (a)

or thereafter, the judgment creditor may serve a notice of intended

sale of the property on the judgment debtor. Service shall be made

personally or by mail. A copy of the notice of intended sale and

proof of service on the judgment debtor shall be filed with the court

and with the levying officer. The notice of intended sale shall

describe the property and state that it will be sold at an execution

sale unless, within the time allowed after service of the notice of

intended sale, the judgment debtor applies to the court on noticed

motion for an order that the property be collected rather than sold.

 

(c) Within 10 days after service of the notice of intended sale,

the judgment debtor may apply to the court on noticed motion for an

order that the property be collected rather than sold. A judgment

debtor who so applies shall, within the time allowed for the

application, serve a copy of the notice of motion on the judgment

creditor and file a copy of the notice of motion with the levying

officer. Service of the copy of the notice of motion on the judgment

creditor shall be made personally or by mail. If the copy of the

notice of motion is not filed with the levying officer within the

time allowed, the levying officer shall proceed to sell the property.

If a copy of the notice of motion is filed with the levying officer

within the time allowed, the levying officer shall continue to

collect the property until otherwise ordered by the court.

(d) At the hearing on the motion, the court may in its discretion

order that the property be sold or be collected depending on the

equities and circumstances of the particular case. If the court

orders that the property be sold, the order may specify terms and

conditions of sale. If the court orders that the property be

collected, the court may condition its order on an assignment of the

property by the judgment debtor to the judgment creditor pursuant to

Article 6 (commencing with Section 708.510) of Chapter 6.

 

701.530. (a) Notice of sale of personal property shall be in

writing, shall state the date, time, and place of sale, and shall

describe the property to be sold.

(b) Not less than 10 days before a sale of personal property,

notice of sale shall be posted and served on the judgment debtor by

the levying officer. Service shall be made personally or by mail.

(c) Posting under this section shall be in three public places in:

 

(1) The city in which the property is to be sold if it is to be

sold in a city.

(2) The county in which the property is to be sold if it is not to

be sold in a city.

(d) A sale of personal property of an individual may not take

place until the expiration of the time during which the judgment

debtor may make a claim of exemption under subdivision (a) of Section

703.520.

 

701.540. (a) Notice of sale of an interest in real property shall

be in writing, shall state the date, time, and place of sale, shall

describe the interest to be sold, and shall give a legal description

of the real property and its street address or other common

designation, if any. If the real property has no street address or

other common designation, the notice of sale shall include a

statement that directions to its location may be obtained from the

levying officer upon oral or written request or, in the discretion of

the levying officer, the notice of sale may contain directions to

its location. Directions are sufficient if information as to the

location of the real property is given by reference to the direction

and approximate distance from the nearest crossroads, frontage road,

or access road. If an accurate legal description of the real

property is given, the validity of the notice and sale is not

affected by the fact that the street address or other common

designation, or directions to its location, are erroneous or omitted.

 

(b) Not less than 20 days before the date of sale, notice of sale

of an interest in real property shall be served, mailed, and posted

by the levying officer as provided in subdivisions (c), (d), (e), and

(f).

(c) Notice of sale shall be served on the judgment debtor.

Service shall be made personally or by mail.

(d) Notice of sale shall be posted in the following places:

(1) One public place in the city in which the interest in the real

property is to be sold if it is to be sold in a city or, if not to

be sold in a city, one public place in the county in which the

interest in the real property is to be sold.

(2) A conspicuous place on the real property.

(e) At the time notice is posted pursuant to paragraph (2) of

subdivision (d), notice of sale shall be served or service shall be

attempted on one occupant of the real property. Service on the

occupant shall be made by leaving the notice with the occupant

personally or, in the occupant's absence, with any person of suitable

age and discretion found upon the real property at the time service

is attempted who is either an employee or agent of the occupant or a

member of the occupant's household. If the levying officer is

unable to serve such an occupant at the time service is attempted,

the levying officer is not required to make any further attempts to

serve an occupant.

(f) If the property described in the notice of sale consists of

more than one distinct lot, parcel, or governmental subdivision and

any of the lots, parcels, or governmental subdivisions lies with

relation to any of the others so as to form one or more continuous,

unbroken tracts, only one service pursuant to subdivision (e) and

posting pursuant to paragraph (2) of subdivision (d) need be made as

to each continuous, unbroken tract.

(g) Notice of sale shall be published pursuant to Section 6063 of

the Government Code, with the first publication at least 20 days

prior to the time of sale, in a newspaper of general circulation

published in the city in which the real property or a part thereof is

situated if any part thereof is situated in a city or, if not, in a

newspaper of general circulation published in the judicial district

in which the real property or a part thereof is situated. If no

newspaper of general circulation is published in the city or judicial

district, notice of sale shall be published in a newspaper of

general circulation in the county in which the real property or a

part thereof is situated.

(h) Not earlier than 30 days after the date of levy, the judgment

creditor shall determine the names of all persons having liens on the

real property on the date of levy that are of record in the office

of the county recorder and shall instruct the levying officer to mail

notice of sale to each such person at the address used by the county

recorder for the return of the instrument creating the person's lien

after recording. The levying officer shall mail notice to each such

person, at the address given in the instructions, not less than 20

days before the date of sale.

 

 

701.545. Notice of sale of an interest in real property, other than

a leasehold estate with an unexpired term of less than two years at

the time of levy, may not be given pursuant to Section 701.540 until

the expiration of 120 days after the date notice of levy on the

interest in real property was served on the judgment debtor.

 

 

701.547. A notice of sale shall contain the substance of the

following statement: "Prospective bidders should refer to Sections

701.510 to 701.680, inclusive, of the Code of Civil Procedure for

provisions governing the terms, conditions, and effect of the sale

and the liability of defaulting bidders."

 

701.550. (a) In addition to the notice of sale required by this

article, the levying officer shall, at the time notice of sale is

posted pursuant to Section 701.530 or 701.540, mail notice of sale to

any person who has requested notice of the sale pursuant to this

section.

(b) A request for notice of sale under this section made prior to

the issuance of the writ shall be in writing and shall be filed with

the clerk of the court where the judgment is entered. The request

shall specify the title of the court, the cause and number of the

action in which the judgment was entered, and the date of entry

thereof, and shall state the address to which the notice of sale is

to be mailed. The name and address of the person requesting notice

of sale under this subdivision shall be noted on the writ.

(c) A person who desires notice of sale of particular property

that has been levied upon may file a request for notice of sale with

the levying officer who will conduct the sale. The request shall

contain the information specified by the levying officer as needed in

order to comply with the request.

 

 

701.555. In addition to the notice of sale required by this

article, the judgment creditor may advertise the sale in the

classified or other advertising section of a newspaper of general

circulation or other publication and may recover reasonable costs of

such advertising. The judgment debtor may also advertise the sale at

the judgment debtor's own expense.

 

701.560. (a) Failure to give notice of sale as required by this

article does not invalidate the sale.

(b) A levying officer who sells property without giving the

required notice is liable to the judgment creditor and the judgment

debtor for actual damages caused by failure to give notice.

 

701.570. (a) A sale of property shall be held at the date, time,

and place specified in the notice of sale, which shall be in the

county where the property or a part thereof is situated and between

the hours of nine in the morning and five in the afternoon. Subject

to subdivision (d), real property consisting of one parcel, or of two

or more contiguous parcels, situated in two or more counties may be

sold in one county as instructed by the judgment creditor.

(b) The sale shall be made at auction to the highest bidder.

(c) If personal property capable of manual delivery is to be sold,

it shall be within the view of those who attend the sale unless,

upon application of the judgment creditor or the judgment debtor, the

court orders otherwise.

(d) Property shall be sold separately or in such groups or lots as

are likely to bring the highest price. The judgment debtor may

request that the property be sold separately or together and may

request that the property be sold in a particular order. If the

judgment debtor is not present at the sale, the request may be made

in writing and delivered to the levying officer prior to the sale.

The levying officer shall honor the request if, in the opinion of the

levying officer, the requested manner of sale is likely to yield an

amount at least equal to any other manner of sale or the amount

required to satisfy the money judgment. The levying officer is not

liable for a decision made in good faith under this subdivision.

(e) After sufficient property has been sold to yield the amount

required to satisfy the money judgment, no more shall be sold.

 

701.580. The judgment debtor and judgment creditor together may

request in writing that a sale be postponed to an agreed day and

hour. The request shall be delivered to the levying officer

conducting the sale, and the levying officer shall, by public

declaration at the time and place originally fixed for the sale,

postpone the sale to the day and hour fixed in the request. Notice

of any additional postponements shall be given by public declaration

by the levying officer at the time and place last appointed for the

sale. No other notice of postponed sale need be given. A postponed

sale shall be held at the place originally fixed for the sale.

 

 

701.590. (a) Except as otherwise provided in this section, the

purchaser at a sale shall pay in cash or by certified check or

cashier's check.

(b) The judgment creditor may bid by giving the levying officer a

written receipt crediting all or part of the amount required to

satisfy the judgment, except that the levying officer's costs

remaining unsatisfied and the amount of preferred labor claims,

exempt proceeds, and any other claim that is required by statute to

be satisfied, shall be paid in cash or by certified check or cashier'

s check.

(c) If the highest bid for an interest in real property sold

exceeds five thousand dollars ($5,000), the highest bidder may elect

to treat the sale as a credit transaction. A person who makes the

election shall deposit at least five thousand dollars ($5,000) or 10

percent of the amount bid, whichever is greater, and within 10 days

after the date of the sale shall pay the balance due plus costs

accruing with regard to the property sold and interest accruing at

the rate on money judgments on the balance of the amount bid from the

date of sale until the date of payment.

(d) If the highest bid for an item, group, or lot of personal

property sold exceeds two thousand five hundred dollars ($2,500), the

highest bidder may elect to treat the sale as a credit transaction.

A person who makes the election shall deposit at least two thousand

five hundred dollars ($2,500) or 10 percent of the amount bid,

whichever is greater, and within 10 days after the date of the sale

shall pay the balance due plus costs accruing with regard to the

property sold and interest accruing at the rate on money judgments on

the balance of the amount bid from the date of sale until the date

of payment.

(e) A person who makes the election under subdivision (c) or (d)

is not entitled to possession of the property sold until the amount

bid, plus accruing costs and interest, have been paid.

701.600. If the highest bidder does not pay the amount bid as

prescribed by Section 701.590:

(a) The levying officer shall sell the property:

(1) If the default occurs at the sale, either to the next highest

bidder at the amount of the next highest bid if such bidder agrees or

to the highest bidder at a new sale held immediately.

(2) If the default occurs after the sale to a credit bidder

pursuant to subdivision (c) of Section 701.590, to the highest bidder

at a new sale.

(b) The levying officer shall apply the amount of any deposit made

pursuant to subdivision (c) of Section 701.590 in the following

order:

(1) To the satisfaction of costs accruing with regard to the

property sold from the date of the sale until the date the property

is resold, including costs of resale.

(2) To the satisfaction of interest at the rate on money judgments

on the amount bid from the date of the sale until the date the

property is resold.

(3) To the amount required to satisfy the money judgment in the

order of distribution prescribed by Section 701.810 or Section

704.850, whichever is applicable.

(c) If there is a sale to the next highest bidder or to the

highest bidder at a new sale, the defaulting bidder is liable for the

following amounts in an action by the judgment creditor or judgment

debtor:

(1) The amount bid, less the amount obtained from the resale of

the property and the amount of any deposit applied pursuant to

subdivision (b). The amount recovered pursuant to this paragraph

shall be distributed in the manner prescribed by Section 701.810 or

Section 704.850, whichever is applicable.

(2) Any costs accruing with regard to the property sold from the

date of sale until the date the property is resold, including costs

of resale.

(3) Interest at the rate on money judgments on the amount bid from

the date of the sale until the date the property is resold.

(4) Costs and attorney's fees incurred in the action under this

subdivision.

(d) The levying officer may, in the levying officer's discretion,

reject any subsequent bid of the defaulting bidder.

 

701.610. The levying officer may not be a purchaser or have an

interest in any purchase at a sale.

 

701.620. (a) Property may not be sold unless the amount bid exceeds

the total of the following amounts:

(1) The amount of all preferred labor claims that are required by

Section 1206 to be satisfied from the proceeds.

(2) The amount of any state tax lien (as defined in Section 7162

of the Government Code) that is superior to the judgment creditor's

lien.

(3) If the purchaser is not the judgment creditor, the amount of

any deposit made pursuant to Section 720.260 with interest thereon at

the rate on money judgments from the date of the deposit to the date

of the sale.

(b) Property for which a proceeds exemption is provided by Section

704.010 (motor vehicle), 704.020 (household furnishings and other

personal effects), or 704.060 (tools of trade), may not be sold

unless the amount bid exceeds the sum of any amount under subdivision

(a) and the amount of the proceeds exemption.

(c) If a minimum bid required for the sale of property pursuant to

this section is not received, the levying officer shall promptly

release the property.

 

701.630. If property is sold pursuant to this article, the lien

under which it is sold, any liens subordinate thereto, and any state

tax lien (as defined in Section 7162 of the Government Code) on the

property sold are extinguished.

 

 

701.640. The purchaser of property at an execution sale acquires

any interest of the judgment debtor in the property sold (1) that is

held on the effective date of the lien under which the property was

sold or (2) that is acquired between such effective date and the date

of sale.

 

 

701.650. (a) When the purchaser of personal property pays the

amount due:

(1) If the property is capable of manual delivery, the levying

officer shall deliver the property to the purchaser and, if the

purchaser so requests, shall execute and deliver a certificate of

sale to the purchaser.

(2) If the property is not tangible personal property or if it is

otherwise not capable of manual delivery, the levying officer shall

execute and deliver a certificate of sale to the purchaser.

(b) If property or a certificate is delivered pursuant to

subdivision (a), the levying officer shall sign or endorse any

document or instrument in the levying officer's possession relating

to the title to or the right to possession of the property and

deliver it to the purchaser.

 

 

701.660. When the purchaser of an interest in real property pays

the amount due, the levying officer conducting the sale shall execute

and deliver a deed of sale to the purchaser and record a duplicate

of the deed of sale in the office of the county recorder.

 

701.670. The certificate of sale or deed of sale shall contain all

of the following:

(a) The title of the court where the judgment was entered under

which the sale was made and the cause and number of the action.

(b) The date of entry of the judgment and of any subsequent

renewals and where entered in the records of the court.

(c) The name and address of the judgment creditor and the name and

last known address of the judgment debtor.

(d) A description of the property sold.

(e) The date of sale.

 

701.680. (a) Except as provided in paragraph (1) of subdivision

(c), a sale of property pursuant to this article is absolute and may

not be set aside for any reason.

(b) If the judgment is reversed, vacated, or otherwise set aside,

the judgment debtor may recover from the judgment creditor the

proceeds of a sale pursuant to the judgment with interest at the rate

on money judgments to the extent the proceeds were applied to the

satisfaction of the judgment.

(c) If the sale was improper because of irregularities in the

proceedings, because the property sold was not subject to execution,

or for any other reason:

(1) The judgment debtor, or the judgment debtor's successor in

interest, may commence an action within 90 days after the date of

sale to set aside the sale if the purchaser at the sale is the

judgment creditor. Subject to paragraph (2), if the sale is set

aside, the judgment of the judgment creditor is revived to reflect

the amount that was satisfied from the proceeds of the sale and the

judgment creditor is entitled to interest on the amount of the

judgment as so revived as if the sale had not been made. Any liens

extinguished by the sale of the property are revived and reattach to

the property with the same priority and effect as if the sale had not

been made.

(2) The judgment debtor, or the judgment debtor's successor in

interest, may recover damages caused by the impropriety. If damages

are recovered against the judgment creditor, they shall be offset

against the judgment to the extent the judgment is not satisfied. If

damages are recovered against the levying officer, they shall be

applied to the judgment to the extent the judgment is not satisfied.

 

(d) For the purposes of subdivision (c), the purchaser of the

property at the sale is not a successor in interest.

 

 

701.810. Except as otherwise provided by statute, the levying

officer shall distribute the proceeds of sale or collection in the

following order:

(a) To persons having preferred labor claims that are required by

Section 1206 to be satisfied from the proceeds, in the amounts

required by Section 1206 to be satisfied.

(b) To the state department or agency having a state tax lien (as

defined in Section 7162 of the Government Code) that is superior to

the judgment creditor's lien, in the amount of the lien.

(c) If a deposit has been made pursuant to Section 720.260 and the

purchaser at the sale is not the judgment creditor, to the judgment

creditor in the amount required to repay the deposit with interest

thereon at the rate on money judgments from the date of the deposit.

 

(d) To the judgment debtor in the amount of any applicable

exemption of proceeds pursuant to Section 704.010 (motor vehicle),

704.020 (household furnishings and other personal effects), or

704.060 (tools of trade), except that such proceeds shall be used to

satisfy all of the following in the order of their respective

priorities:

(1) Any consensual liens and encumbrances, and any liens for labor

or materials, that are subordinate to the judgment creditor's lien.

 

(2) Subject to Section 688.030, any state tax lien (as defined in

Section 7162 of the Government Code) on the property sold if the

notice of state tax lien on the property has been recorded or filed

pursuant to Section 7171 of the Government Code prior to the time the

levying officer received the proceeds of the sale or collection.

(e) To the levying officer for the reimbursement of the levying

officer's costs for which an advance has not been made.

(f) To the judgment creditor to satisfy the following:

(1) First, costs and interest accruing after issuance of the writ

pursuant to which the sale or collection is conducted.

(2) Second, the amount due on the judgment with costs and

interest, as entered on the writ.

(g) To any other judgment creditors who have delivered writs to

the levying officer, accompanied by instructions to levy upon the

judgment debtor's property or the proceeds of its sale or collection,

or any other persons actually known by the levying officer to have a

claim, lien, or other interest subordinate to the judgment creditor'

s lien that is extinguished by the sale and that is not otherwise

satisfied pursuant to this section, in the amounts to which they are

entitled in order of their respective priorities.

(h) To the judgment debtor in the amount remaining.

 

701.820. (a) Promptly after a sale or collection under this title,

the levying officer shall distribute the proceeds to the persons

entitled thereto or, in cases covered by Section 701.830, deposit

the proceeds with the court.

(b) Except as otherwise provided by statute, the proceeds shall be

paid to the persons entitled thereto within 30 days after they are

received by the levying officer.

(c) If the proceeds are not to be received by the levying officer

in one payment, the levying officer may accumulate proceeds received

during a 30-day period and the accumulated proceeds shall be paid to

the persons entitled thereto not later than 20 days after the

expiration of the 30-day period.

(d) When proceeds are received by the levying officer in the form

of a check or other form of noncash payment that is to be honored

upon presentation by the levying officer for payment, the proceeds

are not received for the purposes of this section until the check or

other form of noncash payment has actually been honored upon

presentation for payment.

(e) The provisions of Section 26680 of the Government Code apply

to the levying officer only if all of the following conditions are

satisfied:

(1) The levying officer has failed to pay the proceeds or deposit

them with the court as provided in this article within the time

provided in this section.

(2) Upon such failure, a person entitled to any of the proceeds

has filed with the levying officer a written demand for the payment

of the proceeds to the persons entitled thereto.

(3) The levying officer has failed within 10 days after the demand

is filed to pay to the person filing the demand the proceeds to

which that person is entitled.

 

701.830. (a) If there are conflicting claims to all or a portion of

the proceeds of sale or collection known to the levying officer

before the proceeds are distributed, the levying officer may deposit

with the court the proceeds that are the subject of the conflicting

claims instead of distributing such proceeds under Section 701.810.

Any interested person may apply on noticed motion for an order for

the distribution of the proceeds deposited with the court. A copy of

the notice of motion shall be served on such persons as the court

shall by order determine in such manner as the court prescribes. Any

interested person may request time for filing a response to the

motion for an order for the distribution of the proceeds, for

discovery proceedings in connection with the motion, or for other

preparation for the hearing on the motion, and the court shall grant

a continuance for a reasonable time for any of these purposes.

(b) Except as provided in subdivision (c), at the hearing on the

motion the court shall determine the issues presented by the motion

and make an order for the distribution of the proceeds deposited with

the court.

(c) The court shall not determine the issues presented by the

motion and instead shall abate the hearing until the issues presented

by the motion can be determined in a civil action in the following

cases if:

(1) The court is not the proper court under any other provision of

law for the trial of a civil action with respect to the subject

matter of the motion and any interested person at or prior to the

hearing objects to the determination of the issues presented by the

motion by the court.

(2) A civil action is pending with respect to the subject matter

of the motion and jurisdiction has been obtained in the court in

which the civil action is pending.

(3) The court determines that the matter should be determined in a

civil action.

 

703.010. Except as otherwise provided by statute:

(a) The exemptions provided by this chapter or by any other

statute apply to all procedures for enforcement of a money judgment.

 

(b) The exemptions provided by this chapter or by any other

statute do not apply if the judgment to be enforced is for the

foreclosure of a mortgage, deed of trust, or other lien or

encumbrance on the property other than a lien created pursuant to

this division or pursuant to Title 6.5 (commencing with Section

481.010) (attachment).

 

703.020. (a) The exemptions provided by this chapter apply only to

property of a natural person.

(b) The exemptions provided in this chapter may be claimed by any

of the following persons:

(1) In all cases, by the judgment debtor or a person acting on

behalf of the judgment debtor.

(2) In the case of community property, by the spouse of the

judgment debtor, whether or not the spouse is also a judgment debtor

under the judgment.

 

703.030. (a) An exemption for property that is described in this

chapter or in any other statute as exempt may be claimed within the

time and in the manner prescribed in the applicable enforcement

procedure. If the exemption is not so claimed, the exemption is

waived and the property is subject to enforcement of a money

judgment.

(b) Except as otherwise specifically provided by statute,

property that is described in this chapter or in any other statute as

exempt without making a claim is not subject to any procedure for

enforcement of a money judgment.

(c) Nothing in this section limits the authority of the court

pursuant to Section 473 to relieve a person upon such terms as may be

just from failure to claim an exemption within the time and in the

manner prescribed in the applicable enforcement procedure.

 

703.040. A purported contractual or other prior waiver of the

exemptions provided by this chapter or by any other statute, other

than a waiver by failure to claim an exemption required to be

claimed or otherwise made at the time enforcement is sought, is

against public policy and void.

 

703.050. (a) The determination whether property is exempt or the

amount of an exemption shall be made by application of the exemption

statutes in effect (1) at the time the judgment creditor's lien on

the property was created or (2) if the judgment creditor's lien on

the property is the latest in a series of overlapping liens created

when an earlier lien on the property in favor of the judgment

creditor was in effect, at the time the earliest lien in the series

of overlapping liens was created.

(b) This section applies to all judgments, whether based upon

tort, contract, or other legal theory or cause of action that arose

before or after the operative date of this section, and whether the

judgment was entered before or after the operative date of this

section.

(c) Notwithstanding subdivision (a), in the case of a levy of

execution, the procedures to be followed in levying upon, selling, or

releasing property, claiming, processing, opposing, and determining

exemptions, and paying exemption proceeds, shall be governed by the

law in effect at the time the levy of execution is made on the

property.

 

703.060. (a) The Legislature finds and declares that generally

persons who enter into contracts do not do so in reliance on an

assumption that the exemptions in effect at the time of the contract

will govern enforcement of any judgment based on the contract, that

liens imposed on property are imposed not as a matter of right but as

a matter of privilege granted by statute for purposes of priority,

that no vested rights with respect to exemptions are created by the

making of a contract or imposition of a lien, that application of

exemptions and exemption procedures in effect at the time of

enforcement of a judgment is essential to the proper balance between

the rights of judgment debtors and judgment creditors and has a

minimal effect on the economic stability essential for the

maintenance of private and public faith in commercial matters, and

that it is the policy of the state to treat all judgment debtors

equally with respect to exemptions and exemption procedures in effect

at the time of enforcement of a money judgment. To this end, the

Legislature reserves the right to repeal, alter, or add to the

exemptions and the procedures therefor at any time and intends,

unless otherwise provided by statute, that any repeals, alterations,

or additions apply upon their operative date to enforcement of all

money judgments, whether based upon tort, contract, or other legal

theory or cause of action that arose before or after the operative

date of the repeals, alterations, or additions, whether the judgment

was entered before or after the operative date of the repeals,

alterations, or additions.

(b) All contracts shall be deemed to have been made and all liens

on property shall be deemed to have been created in recognition of

the power of the state to repeal, alter, and add to statutes

providing for liens and exemptions from the enforcement of money

judgments.

 

 

703.070. Except as otherwise provided by statute:

(a) The exemptions provided by this chapter or by any other

statute apply to a judgment for child, family, or spousal support.

(b) If property is exempt without making a claim, the property is

not subject to being applied to the satisfaction of a judgment for

child, family, or spousal support.

(c) Except as provided in subdivision (b), if property sought to

be applied to the satisfaction of a judgment for child, family, or

spousal support is shown to be exempt under subdivision (a) in

appropriate proceedings, the court shall, upon noticed motion of the

judgment creditor, determine the extent to which the exempt property

nevertheless shall be applied to the satisfaction of the judgment.

In making this determination, the court shall take into account the

needs of the judgment creditor, the needs of the judgment debtor and

all the persons the judgment debtor is required to support, and all

other relevant circumstances. The court shall effectuate its

determination by an order specifying the extent to which the

otherwise exempt property is to be applied to the satisfaction of the

judgment.

 

 

703.080. (a) Subject to any limitation provided in the particular

exemption, a fund that is exempt remains exempt to the extent that it

can be traced into deposit accounts or in the form of cash or its

equivalent.

(b) The exemption claimant has the burden of tracing an exempt

fund.

(c) The tracing of exempt funds in a deposit account shall be by

application of the lowest intermediate balance principle unless the

exemption claimant or the judgment creditor shows that some other

method of tracing would better serve the interests of justice and

equity under the circumstances of the case.

 

703.090. If a judgment creditor has failed to oppose a claim of

exemption within the time allowed by Section 703.550 or if property

has been determined by a court to be exempt, and the judgment

creditor thereafter levies upon or otherwise seeks to apply the

property toward the satisfaction of the same money judgment, the

judgment creditor is not entitled to recover the subsequent costs of

collection unless the property is applied to satisfaction of the

judgment.

 

 

703.100. (a) Subject to subdivision (b), the determination whether

property is exempt shall be made under the circumstances existing at

the earliest of the following times:

(1) The time of levy on the property.

(2) The time of the commencement of court proceedings for the

application of the property to the satisfaction of the money

judgment.

(3) The time a lien is created under Title 6.5 (commencing with

Section 481.010) (attachment) or under this title.

(b) The court, in its discretion, may take into consideration any

of the following changes that have occurred between the time of levy

or commencement of enforcement proceedings or creation of the lien

and the time of the hearing:

(1) A change in the use of the property if the exemption is based

upon the use of property and if the property was used for the exempt

purpose at the time of the levy or the commencement of enforcement

proceedings or the creation of the lien but is used for a nonexempt

purpose at the time of the hearing.

(2) A change in the value of the property if the exemption is

based upon the value of property.

(3) A change in the financial circumstances of the judgment debtor

and spouse and dependents of the judgment debtor if the exemption is

based upon their needs.

 

703.110. If the judgment debtor is married:

(a) The exemptions provided by this chapter or by any other

statute apply to all property that is subject to enforcement of a

money judgment, including the interest of the spouse of the judgment

debtor in community property. The fact that one or both spouses are

judgment debtors under the judgment or that property sought to be

applied to the satisfaction of the judgment is separate or community

does not increase or reduce the number or amount of the exemptions.

Where the property exempt under a particular exemption is limited to

a specified maximum dollar amount, unless the exemption provision

specifically provides otherwise, the two spouses together are

entitled to one exemption limited to the specified maximum dollar

amount, whether one or both of the spouses are judgment debtors under

the judgment and whether the property sought to be applied to the

satisfaction of the judgment is separate or community.

(b) If an exemption is required by statute to be applied first to

property not before the court and then to property before the court,

the application of the exemption to property not before the court

shall be made to the community property and separate property of both

spouses, whether or not such property is subject to enforcement of

the money judgment.

(c) If the same exemption is claimed by the judgment debtor and

the spouse of the judgment debtor for different property, and the

property claimed by one spouse, but not both, is exempt, the

exemption shall be applied as the spouses agree. If the spouses are

unable to agree, the exemption shall be applied as directed by the

court in its discretion.

 

703.115. In determining an exemption based upon the needs of the

judgment debtor and the spouse and dependents of the judgment debtor

or an exemption based upon the needs of the judgment debtor and the

family of the judgment debtor, 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, including community property and

separate property of the spouse, whether or not such property is

subject to enforcement of the money judgment.

 

703.120. (a) Ten years following the operative date of this title

and every 10 years thereafter, the California Law Revision Commission

shall review the exempt amounts provided in this chapter and in

other statutes and recommend to the Governor and the Legislature any

changes in exempt amounts that appear proper.

(b) Nothing in this section precludes the commission from making

recommendations concerning exempt amounts more frequently than

required by subdivision (a) or from making recommendations concerning

any other aspect of this title, and the commission is authorized to

maintain a continuing review of and submit recommendations

concerning enforcement of judgments.

 

703.130. Pursuant to the authority of paragraph (1) of subsection

(b) of Section 522 of Title 11 of the United States Code, the

exemptions set forth in subsection (d) of Section 522 of Title 11 of

the United States Code (Bankruptcy) are not authorized in this state.

 

 

703.140. (a) In a case under Title 11 of the United States Code,

all of the exemptions provided by this chapter, including the

homestead exemption, other than the provisions of subdivision (b) are

applicable regardless of whether there is a money judgment against

the debtor or whether a money judgment is being enforced by execution

sale or any other procedure, but the exemptions provided by

subdivision (b) may be elected in lieu of all other exemptions

provided by this chapter, as follows:

(1) If a husband and wife are joined in the petition, they jointly

may elect to utilize the applicable exemption provisions of this

chapter other than the provisions of subdivision (b), or to utilize

the applicable exemptions set forth in subdivision (b), but not both.

 

(2) If the petition is filed individually, and not jointly, for a

husband or a wife, the exemptions provided by this chapter other than

the provisions of subdivision (b) are applicable, except that, if

both the husband and the wife effectively waive in writing the right

to claim, during the period the case commenced by filing the petition

is pending, the exemptions provided by the applicable exemption

provisions of this chapter, other than subdivision (b), in any case

commenced by filing a petition for either of them under Title 11 of

the United States Code, then they may elect to instead utilize the

applicable exemptions set forth in subdivision (b).

(3) If the petition is filed for an unmarried person, that person

may elect to utilize the applicable exemption provisions of this

chapter other than subdivision (b), or to utilize the applicable

exemptions set forth in subdivision (b), but not both.

(b) The following exemptions may be elected as provided in

subdivision (a):

(1) The debtor's aggregate interest, not to exceed seventeen

thousand four hundred twenty-five dollars ($17,425) in value, in real

property or personal property that the debtor or a dependent of the

debtor uses as a residence, in a cooperative that owns property that

the debtor or a dependent of the debtor uses as a residence, or in a

burial plot for the debtor or a dependent of the debtor.

(2) The debtor's interest, not to exceed two thousand seven

hundred seventy-five dollars ($2,775) in value, in one motor vehicle.

 

(3) The debtor's interest, not to exceed four hundred fifty

dollars ($450) in value in any particular item, in household

furnishings, household goods, wearing apparel, appliances, books,

animals, crops, or musical instruments, that are held primarily for

the personal, family, or household use of the debtor or a dependent

of the debtor.

(4) The debtor's aggregate interest, not to exceed one thousand

one hundred fifty dollars ($1,150) in value, in jewelry held

primarily for the personal, family, or household use of the debtor or

a dependent of the debtor.

(5) The debtor's aggregate interest, not to exceed in value nine

hundred twenty-five dollars ($925) plus any unused amount of the

exemption provided under paragraph (1), in any property.

(6) The debtor's aggregate interest, not to exceed one thousand

seven hundred fifty dollars ($1,750) in value, in any implements,

professional books, or tools of the trade of the debtor or the trade

of a dependent of the debtor.

(7) Any unmatured life insurance contract owned by the debtor,

other than a credit life insurance contract.

(8) The debtor's aggregate interest, not to exceed in value nine

thousand three hundred dollars ($9,300), in any accrued dividend or

interest under, or loan value of, any unmatured life insurance

contract owned by the debtor under which the insured is the debtor or

an individual of whom the debtor is a dependent.

(9) Professionally prescribed health aids for the debtor or a

dependent of the debtor.

(10) The debtor's right to receive any of the following:

(A) A social security benefit, unemployment compensation, or a

local public assistance benefit.

(B) A veterans' benefit.

(C) A disability, illness, or unemployment benefit.

(D) Alimony, support, or separate maintenance, to the extent

reasonably necessary for the support of the debtor and any dependent

of the debtor.

(E) A payment under a stock bonus, pension, profit-sharing,

annuity, or similar plan or contract on account of illness,

disability, death, age, or length of service, to the extent

reasonably necessary for the support of the debtor and any dependent

of the debtor, unless all of the following apply:

(i) That plan or contract was established by or under the auspices

of an insider that employed the debtor at the time the debtor's

rights under the plan or contract arose.

(ii) The payment is on account of age or length of service.

(iii) That plan or contract does not qualify under Section 401(a),

403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.

(11) The debtor's right to receive, or property that is traceable

to, any of the following:

(A) An award under a crime victim's reparation law.

(B) A payment on account of the wrongful death of an individual of

whom the debtor was a dependent, to the extent reasonably necessary

for the support of the debtor and any dependent of the debtor.

(C) A payment under a life insurance contract that insured the

life of an individual of whom the debtor was a dependent on the date

of that individual's death, to the extent reasonably necessary for

the support of the debtor and any dependent of the debtor.

(D) A payment, not to exceed seventeen thousand four hundred

twenty-five dollars ($17,425), on account of personal bodily injury,

not including pain and suffering or compensation for actual pecuniary

loss, of the debtor or an individual of whom the debtor is a

dependent.

(E) A payment in compensation of loss of future earnings of the

debtor or an individual of whom the debtor is or was a dependent, to

the extent reasonably necessary for the support of the debtor and any

dependent of the debtor.

 

703.150. (a) On April 1, 2004, and at each three-year interval

ending on April 1 thereafter, the dollar amounts of exemptions

provided in subdivision (b) of Section 703.140 in effect immediately

before that date shall be adjusted as provided in subdivision (c).

(b) On April 1, 2007, and at each three-year interval ending on

April 1 thereafter, the dollar amounts of exemptions provided in

Article 3 (commencing with Section 704.010) in effect immediately

before that date shall be adjusted as provided in subdivision (c).

(c) The Judicial Council shall determine the amount of the

adjustment based on the change in the annual California Consumer

Price Index for All Urban Consumers, published by the Department of

Industrial Relations, Division of Labor Statistics, for the most

recent three-year period ending on December 31 preceding the

adjustment, with each adjusted amount rounded to the nearest

twenty-five dollars ($25).

(d) Beginning April 1, 2004, the Judicial Council shall publish a

list of the current dollar amounts of exemptions provided in

subdivision (b) of Section 703.140 and in Article 3 (commencing with

Section 704.010), together with the date of the next scheduled

adjustment.

(e) Adjustments made under subdivision (a) do not apply with

respect to cases commenced before the date of the adjustment, subject

to any contrary rule applicable under the federal Bankruptcy Code.

The applicability of adjustments made under subdivision (b) is

governed by Section 703.050.

 

 

703.510. (a) Except as otherwise provided by statute, property that

has been levied upon may be claimed to be exempt as provided in this

article.

(b) If property that is exempt without making a claim is levied

upon, it may be released pursuant to the exemption procedure provided

in this article.

 

 

703.520. (a) The claimant may make a claim of exemption by filing

with the levying officer a claim of exemption together with a copy

thereof. The claim shall be made within 10 days after the date the

notice of levy on the property claimed to be exempt was served on the

judgment debtor.

(b) The claim of exemption shall be executed under oath and shall

include all of the following:

(1) The name of the claimant and the mailing address where service

of a notice of opposition to the claim may be made upon the

claimant.

(2) The name and last known address of the judgment debtor if the

claimant is not the judgment debtor.

(3) A description of the property claimed to be exempt. If an

exemption is claimed pursuant to Section 704.010 or 704.060, the

claimant shall describe all other property of the same type

(including exempt proceeds of property of the same type) owned by the

judgment debtor alone or in combination with others on the date of

levy and identify the property, whether or not levied upon, to which

the exemption is to be applied. If an exemption is claimed pursuant

to subdivision (b) of Section 704.100, the claimant shall state the

nature and amount of all other property of the same type owned by the

judgment debtor or the spouse of the judgment debtor alone or in

combination with others on the date of levy.

(4) A financial statement if required by Section 703.530.

(5) A citation of the provision of this chapter or other statute

upon which the claim is based.

(6) A statement of the facts necessary to support the claim.

 

703.530. (a) If property is claimed as exempt pursuant to a

provision exempting property to the extent necessary for the support

of the judgment debtor and the spouse and dependents of the judgment

debtor, the claim of exemption shall include a financial statement.

(b) The financial statement shall include all of the following

information:

(1) The name of the spouse of the judgment debtor.

(2) The name, age, and relationship of all persons dependent upon

the judgment debtor or the spouse of the judgment debtor for support.

 

(3) All sources and the amounts of earnings and other income of

the judgment debtor and the spouse and dependents of the judgment

debtor.

(4) A list of the assets of the judgment debtor and the spouse and

dependents of the judgment debtor and the value of such assets.

(5) All outstanding obligations of the judgment debtor and the

spouse and dependents of the judgment debtor.

(c) The financial statement shall be executed under oath by the

judgment debtor and, unless the spouses are living separate and

apart, by the spouse of the judgment debtor.

 

 

703.540. Promptly after the filing of the claim of exemption, the

levying officer shall serve both of the following on the judgment

creditor personally or by mail:

(a) A copy of the claim of exemption.

(b) A notice of claim of exemption stating that the claim of

exemption has been made and that the levying officer will release the

property unless, within the time allowed as specified in the notice,

both of the following are filed with the levying officer:

(1) A copy of the notice of opposition to the claim of exemption.

 

(2) A copy of the notice of motion for an order determining the

claim of exemption.

703.550. Within 10 days after service of the notice of claim of

exemption, a judgment creditor who opposes the claim of exemption

shall file with the court a notice of opposition to the claim of

exemption and a notice of motion for an order determining the claim

of exemption and shall file with the levying officer a copy of the

notice of opposition and a copy of the notice of motion. Upon the

filing of the copies of the notice of opposition and notice of

motion, the levying officer shall promptly file the claim of

exemption with the court. If copies of the notice of opposition and

notice of motion are not filed with the levying officer within the

time allowed, the levying officer shall immediately release the

property to the extent it is claimed to be exempt.

 

703.560. The notice of opposition to the claim of exemption shall

be executed under oath and shall include both of the following:

(a) An allegation either (1) that the property is not exempt under

the provision of this chapter or other statute relied upon or (2)

that the equity in the property claimed to be exempt is in excess of

the amount provided in the applicable exemption.

(b) A statement of the facts necessary to support the allegation.

 

703.570. (a) The hearing on the motion shall be held not later than

20 days from the date the notice of motion was filed with the court

unless continued by the court for good cause.

(b) Not less than 10 days prior to the hearing, the judgment

creditor shall serve a notice of the hearing and a copy of the notice

of opposition to the claim of exemption on the claimant and on the

judgment debtor, if other than the claimant. Service shall be made

personally or by mail.

 

 

703.580. (a) The claim of exemption and notice of opposition to the

claim of exemption constitute the pleadings, subject to the power of

the court to permit amendments in the interest of justice.

(b) At a hearing under this section, the exemption claimant has

the burden of proof.

(c) The claim of exemption is deemed controverted by the notice of

opposition to the claim of exemption and both shall be received in

evidence. If no other evidence is offered, the court, if satisfied

that sufficient facts are shown by the claim of exemption (including

the financial statement if one is required) and the notice of

opposition, may make its determination thereon. If not satisfied,

the court shall order the hearing continued for the production of

other evidence, oral or documentary.

(d) At the conclusion of the hearing, the court shall determine by

order whether or not the property is exempt in whole or in part.

Subject to Section 703.600, the order is determinative of the right

of the judgment creditor to apply the property to the satisfaction of

the judgment. No findings are required in a proceeding under this

section.

(e) The court clerk shall promptly transmit a certified copy of

the order to the levying officer. Subject to Section 703.610, the

levying officer shall, in compliance with the order, release the

property or apply the property to the satisfaction of the money

judgment.

(f) Unless otherwise ordered by the court, if an exemption is not

determined within the time provided by Section 703.570, the property

claimed to be exempt shall be released.

 

703.590. If the court extends the time allowed for an act to be

done under this article, written notice of the extension shall be

filed with the levying officer and, unless notice is waived, shall be

served promptly on the opposing party. Service shall be made

personally or by mail.

 

703.600. An appeal lies from any order made under this article.

 

703.610. (a) Except as otherwise provided by statute or ordered by

the court, the levying officer shall not release, sell, or otherwise

dispose of the property for which an exemption is claimed until an

appeal is waived, the time to file an appeal has expired, or the

exemption is finally determined.

(b) At any time while the exemption proceedings are pending, upon

motion of the judgment creditor or a claimant, or upon its own

motion, the court may make any orders for disposition of the property

that may be proper under the circumstances of the case. The order

may be modified or vacated by the court at any time during the

pendency of the exemption proceedings upon any terms that are just.

(c) If an appeal of the determination of a claim of exemption is

taken, notice of the appeal shall be given to the levying officer and

the levying officer shall hold, release, or dispose of the property

in accordance with the provisions governing enforcement and stay of

enforcement of money judgments pending appeal.

 

704.010. (a) Any combination of the following is exempt in the

amount of two thousand three hundred dollars ($2,300):

(1) The aggregate equity in motor vehicles.

(2) The proceeds of an execution sale of a motor vehicle.

(3) The proceeds of insurance or other indemnification for the

loss, damage, or destruction of a motor vehicle.

(b) Proceeds exempt under subdivision (a) are exempt for a period

of 90 days after the time the proceeds are actually received by the

judgment debtor.

(c) For the purpose of determining the equity, the fair market

value of a motor vehicle shall be determined by reference to used car

price guides customarily used by California automobile dealers

unless the motor vehicle is not listed in such price guides.

(d) If the judgment debtor has only one motor vehicle and it is

sold at an execution sale, the proceeds of the execution sale are

exempt in the amount of two thousand three hundred dollars ($2,300)

without making a claim. The levying officer shall consult and may

rely upon the records of the Department of Motor Vehicles in

determining whether the judgment debtor has only one motor vehicle.

In the case covered by this subdivision, the exemption provided by

subdivision (a) is not available.

 

 

704.020. (a) Household furnishings, appliances, provisions, wearing

apparel, and other personal effects are exempt in the following

cases:

(1) If ordinarily and reasonably necessary to, and personally used

or procured for use by, the judgment debtor and members of the

judgment debtor's family at the judgment debtor's principal place of

residence.

(2) Where the judgment debtor and the judgment debtor's spouse

live separate and apart, if ordinarily and reasonably necessary to,

and personally used or procured for use by, the spouse and members of

the spouse's family at the spouse's principal place of residence.

(b) In determining whether an item of property is "ordinarily and

reasonably necessary" under subdivision (a), the court shall take

into account both of the following:

(1) The extent to which the particular type of item is ordinarily

found in a household.

(2) Whether the particular item has extraordinary value as

compared to the value of items of the same type found in other

households.

(c) If an item of property for which an exemption is claimed

pursuant to this section is an item of the type ordinarily found in

a household but is determined not to be exempt because the item has

extraordinary value as compared to the value of items of the same

type found in other households, the proceeds obtained at an execution

sale of the item are exempt in the amount determined by the court

to be a reasonable amount sufficient to purchase a replacement of

ordinary value if the court determines that a replacement is

reasonably necessary. Proceeds exempt under this subdivision are

exempt for a period of 90 days after the proceeds are actually

received by the judgment debtor.

 

704.030. Material that in good faith is about to be applied to the

repair or improvement of a residence is exempt if the equity in the

material does not exceed two thousand four hundred twenty-five

dollars ($2,425) in the following cases:

(a) If purchased in good faith for use in the repair or

improvement of the judgment debtor's principal place of residence.

(b) Where the judgment debtor and the judgment debtor's spouse

live separate and apart, if purchased in good faith for use in the

repair or improvement of the spouse's principal place of residence.

 

 

704.040. Jewelry, heirlooms, and works of art are exempt to the

extent that the aggregate equity therein does not exceed six thousand

seventy-five dollars ($6,075).

 

704.050. Health aids reasonably necessary to enable the judgment

debtor or the spouse or a dependent of the judgment debtor to work or

sustain health, and prosthetic and orthopedic appliances, are

exempt.

 

 

704.060. (a) Tools, implements, instruments, materials, uniforms,

furnishings, books, equipment, one commercial motor vehicle, one

vessel, and other personal property are exempt to the extent that the

aggregate equity therein does not exceed:

(1) Six thousand seventy-five dollars $6,075), if reasonably

necessary to and actually used by the judgment debtor in the exercise

of the trade, business, or profession by which the judgment debtor

earns a livelihood.

(2) Six thousand seventy-five dollars ($6,075), if reasonably

necessary to and actually used by the spouse of the judgment debtor

in the exercise of the trade, business, or profession by which the

spouse earns a livelihood.

(3) Twice the amount of the exemption provided in paragraph (1),

if reasonably necessary to and actually used by the judgment debtor

and by the spouse of the judgment debtor in the exercise of the same

trade, business, or profession by which both earn a livelihood. In

the case covered by this paragraph, the exemptions provided in

paragraphs (1) and (2) are not available.

(b) If property described in subdivision (a) is sold at an

execution sale, or if it has been lost, damaged, or destroyed, the

proceeds of the execution sale or of insurance or other

indemnification are exempt for a period of 90 days after the proceeds

are actually received by the judgment debtor or the judgment debtor'

s spouse. The amount exempt under this subdivision is the amount

specified in subdivision (a) that applies to the particular case less

the aggregate equity of any other property to which the exemption

provided by subdivision (a) for the particular case has been applied.

 

(c) Notwithstanding subdivision (a), a motor vehicle is not exempt

under subdivision (a) if there is a motor vehicle exempt under

Section 704.010 which is reasonably adequate for use in the trade,

business, or profession for which the exemption is claimed under this

section.

(d) Notwithstanding subdivisions (a) and (b):

(1) The amount of the exemption for a commercial motor vehicle

under paragraph (1) or (2) of subdivision (a) is limited to four

thousand eight hundred fifty dollars ($4,850).

(2) The amount of the exemption for a commercial motor vehicle

under paragraph (3) of subdivision (a) is limited to twice the amount

of the exemption provided in paragraph (1) of this subdivision.

 

704.070. (a) As used in this section:

(1) "Earnings withholding order" means an earnings withholding

order under Chapter 5 (commencing with Section 706.010) (Wage

Garnishment Law).

(2) "Paid earnings" means earnings as defined in Section 706.011

that were paid to the employee during the 30-day period ending on the

date of the levy. For the purposes of this paragraph, where

earnings that have been paid to the employee are sought to be

subjected to the enforcement of a money judgment other than by a

levy, the date of levy is deemed to be the date the earnings were

otherwise subjected to the enforcement of the judgment.

(3) "Earnings assignment order for support" means an earnings

assignment order for support as defined in Section 706.011.

(b) Paid earnings that can be traced into deposit accounts or in

the form of cash or its equivalent as provided in Section 703.080 are

exempt in the following amounts:

(1) All of the paid earnings are exempt if prior to payment to the

employee they were subject to an earnings withholding order or an

earnings assignment order for support.

(2) Seventy-five percent of the paid earnings that are levied upon

or otherwise sought to be subjected to the enforcement of a money

judgment are exempt if prior to payment to the employee they were not

subject to an earnings withholding order or an earnings assignment

order for support.

 

704.080. (a) For the purposes of this section:

(1) "Deposit account" means a deposit account in which payments of

public benefits or social security benefits are directly deposited

by the government or its agent.

(2) "Social security benefits" means payments authorized by the

Social Security Administration for regular retirement and survivors'

benefits, supplemental security income benefits, coal miners' health

benefits, and disability insurance benefits. "Public benefits" means

aid payments authorized pursuant to subdivision (a) of Section 11450

of the Welfare and Institutions Code, payments for supportive

services as described in Section 11323.2 of the Welfare and

Institutions Code, and general assistance payments made pursuant to

Section 17000.5 of the Welfare and Institutions Code.

(b) A deposit account is exempt without making a claim in the

following amount:

(1) One thousand two hundred twenty-five dollars ($1,225) where

one depositor is the designated payee of the directly deposited

public benefits payments.

(2) Two thousand four hundred twenty-five dollars ($2,425) where

one depositor is the designated payee of directly deposited social

security payments.

(3) One thousand eight hundred twenty-five dollars ($1,825) where

two or more depositors are the designated payees of the directly

deposited public benefits payments, unless those depositors are joint

payees of directly deposited payments that represent a benefit to

only one of the depositors, in which case the exemption under

paragraph (1) applies.

(4) Three thousand six hundred fifty dollars ($3,650) where two or

more depositors are the designated payees of directly deposited

social security payments, unless those depositors are joint payees of

directly deposited payments that represent a benefit to only one of

the depositors, in which case the exemption under paragraph (2)

applies.

(c) The amount of a deposit account that exceeds the exemption

provided in subdivision (b) is exempt to the extent that it consists

of payments of public benefits or social security benefits.

(d) Notwithstanding Article 5 (commencing with Section 701.010) of

Chapter 3, when a deposit account is levied upon or otherwise sought

to be subjected to the enforcement of a money judgment, the

financial institution that holds the deposit account shall either

place the amount that exceeds the exemption provided in subdivision

(b) in a suspense account or otherwise prohibit withdrawal of that

amount pending notification of the failure of the judgment creditor

to file the affidavit required by this section or the judicial

determination of the exempt status of the amount. Within 10 business

days after the levy, the financial institution shall provide the

levying officer with a written notice stating (1) that the deposit

account is one in which payments of public benefits or social

security benefits are directly deposited by the government or its

agent and (2) the balance of the deposit account that exceeds the

exemption provided by subdivision (b). Promptly upon receipt of the

notice, the levying officer shall serve the notice on the judgment

creditor. Service shall be made personally or by mail.

(e) Notwithstanding the procedure prescribed in Article 2

(commencing with Section 703.510), whether there is an amount exempt

under subdivision (c) shall be determined as follows:

(1) Within five days after the levying officer serves the notice

on the judgment creditor under subdivision (d), a judgment creditor

who desires to claim that the amount is not exempt shall file with

the court an affidavit alleging that the amount is not exempt and

file a copy with the levying officer. The affidavit shall be in the

form of the notice of opposition provided by Section 703.560, and a

hearing shall be set and held, and notice given, as provided by

Sections 703.570 and 703.580. For the purpose of this subdivision,

the "notice of opposition to the claim of exemption" in Sections

703.570 and 703.580 means the affidavit under this subdivision.

(2) If the judgment creditor does not file the affidavit with the

levying officer and give notice of hearing pursuant to Section

703.570 within the time provided in paragraph (1), the levying

officer shall release the deposit account and shall notify the

financial institution.

(3) The affidavit constitutes the pleading of the judgment

creditor, subject to the power of the court to permit amendments in

the interest of justice. The affidavit is deemed controverted and no

counteraffidavit is required.

(4) At a hearing under this subdivision, the judgment debtor has

the burden of proving that the excess amount is exempt.

(5) At the conclusion of the hearing, the court by order shall

determine whether or not the amount of the deposit account is exempt

pursuant to subdivision (c) in whole or in part and shall make an

appropriate order for its prompt disposition. No findings are

required in a proceeding under this subdivision.

(6) Upon determining the exemption claim for the deposit account

under subdivision (c), the court shall immediately transmit a

certified copy of the order of the court to the financial institution

and to the levying officer. If the order determines that all or

part of the excess is exempt under subdivision (c), with respect to

the amount of the excess which is exempt, the financial institution

shall transfer the exempt excess from the suspense account or

otherwise release any restrictions on its withdrawal by the judgment

debtor. The transfer or release shall be effected within three

business days of the receipt of the certified copy of the court order

by the financial institution.

(f) If the judgment debtor claims that a portion of the amount is

exempt other than pursuant to subdivision (c), the claim of exemption

shall be made pursuant to Article 2 (commencing with Section

703.510). If the judgment debtor also opposes the judgment creditor'

s affidavit regarding an amount exempt pursuant to subdivision (c),

both exemptions shall be determined at the same hearing, provided the

judgment debtor has complied with Article 2 (commencing with Section

703.510).

 

 

704.090. (a) The funds of a judgment debtor confined in a prison or

facility under the jurisdiction of the Department of Corrections or

the Department of the Youth Authority or confined in any county or

city jail, road camp, industrial farm, or other local correctional

facility, held in trust for or to the credit of the judgment debtor,

in an inmate's trust account or similar account by the state, county,

or city, or any agency thereof, are exempt without making a claim in

the amount of one thousand two hundred twenty-five dollars ($1,225).

If the judgment debtor is married, each spouse is entitled to a

separate exemption under this section or the spouses may combine

their exemptions.

(b) Notwithstanding subdivision (a), if the judgment is for a

restitution fine or order imposed pursuant to subdivision (a) of

Section 13967 of the Government Code, as operative on or before

September 28, 1994, or Section 1203.04 of the Penal Code, as

operative on or before August 2, 1995, or Section 1202.4 of the Penal

Code, the funds held in trust for, or to the credit of, a judgment

debtor described in subdivision (a) are exempt in the amount of three

hundred dollars ($300) without making a claim. The exemption

provided in this subdivision is not subject to adjustment under

Section 703.150.

 

704.100. (a) Unmatured life insurance policies (including endowment

and annuity policies), but not the loan value of such policies, are

exempt without making a claim.

(b) The aggregate loan value of unmatured life insurance policies

(including endowment and annuity policies) is subject to the

enforcement of a money judgment but is exempt in the amount of nine

thousand seven hundred dollars ($9,700). If the judgment debtor is

married, each spouse is entitled to a separate exemption under this

subdivision, and the exemptions of the spouses may be combined,

regardless of whether the policies belong to either or both spouses

and regardless of whether the spouse of the judgment debtor is also a

judgment debtor under the judgment. The exemption provided by this

subdivision shall be first applied to policies other than the policy

before the court and then, if the exemption is not exhausted, to the

policy before the court.

(c) Benefits from matured life insurance policies (including

endowment and annuity policies) are exempt to the extent reasonably

necessary for the support of the judgment debtor and the spouse and

dependents of the judgment debtor.

 

704.110. (a) As used in this section:

(1) "Public entity" means the state, or a city, city and county,

county, or other political subdivision of the state, or a public

trust, public corporation, or public board, or the governing body of

any of them, but does not include the United States except where

expressly so provided.

(2) "Public retirement benefit" means a pension or an annuity, or

a retirement, disability, death, or other benefit, paid or payable by

a public retirement system.

(3) "Public retirement system" means a system established pursuant

to statute by a public entity for retirement, annuity, or pension

purposes or payment of disability or death benefits.

(b) All amounts held, controlled, or in process of distribution by

a public entity derived from contributions by the public entity or

by an officer or employee of the public entity for public retirement

benefit purposes, and all rights and benefits accrued or accruing to

any person under a public retirement system, are exempt without

making a claim.

(c) Notwithstanding subdivision (b), where an amount described in

subdivision (b) becomes payable to a person and is sought to be

applied to the satisfaction of a judgment for child, family, or

spousal support against that person:

(1) Except as provided in paragraphs (2) and (3), the amount is

exempt only to the extent that the court determines under subdivision

(c) of Section 703.070.

(2) If the amount sought to be applied to the satisfaction of the

judgment is payable periodically, the amount payable is subject to an

earnings assignment order for support as defined in Section 706.011,

or any other applicable enforcement procedure, but the amount to be

withheld pursuant to the assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

withholding order for support under Section 706.052. The paying

entity may deduct from the payment being made to the judgment debtor,

for each payment made pursuant to an earnings assignment order under

this paragraph, an amount reflecting the actual cost of

administration caused by the assignment order of up to two dollars

($2) for each payment.

(3) If the intercept procedure provided for in Section 11357 of

the Welfare and Institutions Code is used for benefits that are

payable periodically, the amount to be withheld shall not exceed the

amount permitted to be withheld on an earnings withholding order for

support under Section 706.052.

(4) If the amount sought to be applied to the satisfaction of the

judgment is payable as a lump-sum distribution, the amount payable is

subject to the intercept procedure provided in Section 11357 of the

Welfare and Institutions Code or any other applicable enforcement

procedure.

(d) All amounts received by any person, a resident of the state,

as a public retirement benefit or as a return of contributions and

interest thereon from the United States or a public entity or from a

public retirement system are exempt.

 

 

704.113. (a) As used in this section, "vacation credits" means

vacation credits accumulated by a state employee pursuant to Section

18050 of the Government Code or by any other public employee pursuant

to any law for the accumulation of vacation credits applicable to

the employee.

(b) All vacation credits are exempt without making a claim.

(c) Amounts paid periodically or as a lump sum representing

vacation credits are subject to any earnings withholding order served

under Chapter 5 (commencing with Section 706.010) or any earnings

assignment order for support as defined in Section 706.011 and are

exempt to the same extent as earnings of a judgment debtor.

 

704.114. (a) Notwithstanding any other provision of law, service of

an earnings assignment order for support, or an order or notice to

withhold income for child support on any public entity described in

Section 704.110, other than the United States government, creates a

lien on all employee contributions in the amount necessary to satisfy

a support judgment as determined under Section 695.210 to the extent

that the judgment remains enforceable.

(b) The public entity shall comply with any request for a return

of employee contributions by an employee named in the order or notice

to withhold by delivering the contributions to the clerk of the

court in which the support order was awarded or last registered,

unless the entity has received a certified copy of an order or

administrative notice terminating the earnings assignment order for

support.

(c) Upon receipt of moneys pursuant to this section, the clerk of

the court, within 10 days, shall send written notice of the receipt

of the deposit to the parties and to the local child support agency

enforcing any order pursuant to Section 17400 of the Family Code.

(d) Moneys received pursuant to this section are subject to any

procedure available to enforce an order for support, but if no

enforcement procedure is commenced after 30 days have elapsed from

the date the notice of receipt is sent, the clerk shall, upon

request, return the moneys to the public entity that delivered the

moneys to the court unless the public entity has informed the court

in writing that the moneys shall be released to the employee.

(e) A court shall not directly or indirectly condition the

issuance, modification, or termination of, or condition the terms or

conditions of, any order for support upon the making of a request for

the return of employee contributions by an employee.

 

 

704.115. (a) As used in this section, "private retirement plan"

means:

(1) Private retirement plans, including, but not limited to, union

retirement plans.

(2) Profit-sharing plans designed and used for retirement

purposes.

(3) Self-employed retirement plans and individual retirement

annuities or accounts provided for in the Internal Revenue Code of

1986, as amended, including individual retirement accounts qualified

under Section 408 or 408A of that code, to the extent the amounts

held in the plans, annuities, or accounts do not exceed the maximum

amounts exempt from federal income taxation under that code.

(b) All amounts held, controlled, or in process of distribution by

a private retirement plan, for the payment of benefits as an

annuity, pension, retirement allowance, disability payment, or death

benefit from a private retirement plan are exempt.

(c) Notwithstanding subdivision (b), where an amount described in

subdivision (b) becomes payable to a person and is sought to be

applied to the satisfaction of a judgment for child, family, or

spousal support against that person:

(1) Except as provided in paragraph (2), the amount is exempt only

to the extent that the court determines under subdivision (c) of

Section 703.070.

(2) If the amount sought to be applied to the satisfaction of the

judgment is payable periodically, the amount payable is subject to an

earnings assignment order for support as defined in Section 706.011

or any other applicable enforcement procedure, but the amount to be

withheld pursuant to the assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

withholding order for support under Section 706.052.

(d) After payment, the amounts described in subdivision (b) and

all contributions and interest thereon returned to any member of a

private retirement plan are exempt.

(e) Notwithstanding subdivisions (b) and (d), except as provided

in subdivision (f), the amounts described in paragraph (3) of

subdivision (a) are exempt only to the extent necessary to provide

for the support of the judgment debtor when the judgment debtor

retires and for the support of the spouse and dependents of the

judgment debtor, taking into account all resources that are likely to

be available for the support of the judgment debtor when the

judgment debtor retires. In determining the amount to be exempt

under this subdivision, the court shall allow the judgment debtor

such additional amount as is necessary to pay any federal and state

income taxes payable as a result of the applying of an amount

described in paragraph (3) of subdivision (a) to the satisfaction of

the money judgment.

(f) Where the amounts described in paragraph (3) of subdivision

(a) are payable periodically, the amount of the periodic payment that

may be applied to the satisfaction of a money judgment is the amount

that may be withheld from a like amount of earnings under Chapter 5

(commencing with Section 706.010) (Wage Garnishment Law). To the

extent a lump-sum distribution from an individual retirement account

is treated differently from a periodic distribution under this

subdivision, any lump-sum distribution from an account qualified

under Section 408A of the Internal Revenue Code shall be treated the

same as a lump-sum distribution from an account qualified under

Section 408 of the Internal Revenue Code for purposes of determining

whether any of that payment may be applied to the satisfaction of a

money judgment.

 

704.120. (a) Contributions by workers payable to the Unemployment

Compensation Disability Fund and by employers payable to the

Unemployment Fund are exempt without making a claim.

(b) Before payment, amounts held for payment of the following

benefits are exempt without making a claim:

(1) Benefits payable under Division 1 (commencing with Section

100) of the Unemployment Insurance Code.

(2) Incentives payable under Division 2 (commencing with Section

5000) of the Unemployment Insurance Code.

(3) Benefits payable under an employer's plan or system to

supplement unemployment compensation benefits of the employees

generally or for a class or group of employees.

(4) Unemployment benefits payable by a fraternal organization to

its bona fide members.

(5) Benefits payable by a union due to a labor dispute.

(c) After payment, the benefits described in subdivision (b) are

exempt.

(d) During the payment of benefits described in paragraph (1) of

subdivision (b) to a judgment debtor under a support judgment, the

judgment creditor may, through the appropriate local child support

agency, seek to apply the benefit payment to satisfy the judgment as

provided by Section 17518 of the Family Code.

(e) During the payment of benefits described in paragraphs (2) to

(5), inclusive, of subdivision (b) to a judgment debtor under a

support judgment, the judgment creditor may, directly or through the

appropriate local child support agency, seek to apply the benefit

payments to satisfy the judgment by an earnings assignment order for

support as defined in Section 706.011 or any other applicable

enforcement procedure. If the benefit is payable periodically, the

amount to be withheld pursuant to the assignment order or other

procedure shall be 25 percent of the amount of each periodic payment

or any lower amount specified in writing by the judgment creditor or

court order, rounded down to the nearest whole dollar. Otherwise the

amount to be withheld shall be the amount the court determines under

subdivision (c) of Section 703.070. The paying entity may deduct

from each payment made pursuant to an assignment order under this

subdivision an amount reflecting the actual cost of administration

caused by the assignment order up to two dollars ($2) for each

payment.

 

704.130. (a) Before payment, benefits from a disability or health

insurance policy or program are exempt without making a claim. After

payment, the benefits are exempt.

(b) Subdivision (a) does not apply to benefits that are paid or

payable to cover the cost of health care if the judgment creditor is

a provider of health care whose claim is the basis on which the

benefits are paid or payable.

(c) During the payment of disability benefits described in

subdivision (a) to a judgment debtor under a support judgment, the

judgment creditor or local child support agency may seek to apply the

benefit payments to satisfy the judgment by an earnings assignment

order for support, as defined in Section 706.011, or any other

applicable enforcement procedure, but the amount to be withheld

pursuant to the earnings assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

assignment order for support under Section 706.052.

 

704.140. (a) Except as provided in Article 5 (commencing with

Section 708.410) of Chapter 6, a cause of action for personal injury

is exempt without making a claim.

(b) Except as provided in subdivisions (c) and (d), an award of

damages or a settlement arising out of personal injury is exempt to

the extent necessary for the support of the judgment debtor and the

spouse and dependents of the judgment debtor.

(c) Subdivision (b) does not apply if the judgment creditor is a

provider of health care whose claim is based on the providing of

health care for the personal injury for which the award or settlement

was made.

(d) Where an award of damages or a settlement arising out of

personal injury is payable periodically, the amount of such periodic

payment that may be applied to the satisfaction of a money judgment

is the amount that may be withheld from a like amount of earnings

under Chapter 5 (commencing with Section 706.010) (Wage Garnishment

Law).

 

704.150. (a) Except as provided in Article 5 (commencing with

Section 708.410) of Chapter 6, a cause of action for wrongful death

is exempt without making a claim.

(b) Except as provided in subdivision (c), an award of damages or

a settlement arising out of the wrongful death of the judgment debtor'

s spouse or a person on whom the judgment debtor or the judgment

debtor's spouse was dependent is exempt to the extent reasonably

necessary for support of the judgment debtor and the spouse and

dependents of the judgment debtor.

(c) Where an award of damages or a settlement arising out of the

wrongful death of the judgment debtor's spouse or a person on whom

the judgment debtor or the judgment debtor's spouse was dependent is

payable periodically, the amount of such a periodic payment that may

be applied to the satisfaction of a money judgment is the amount that

may be withheld from a like amount of earnings under Chapter 5

(commencing with Section 706.010) (Wage Garnishment Law).

 

704.160. (a) Except as provided by Chapter 1 (commencing with

Section 4900) of Part 3 of Division 4 of the Labor Code, before

payment, a claim for workers' compensation or workers' compensation

awarded or adjudged is exempt without making a claim. Except as

specified in subdivision (b), after payment, the award is exempt.

(b) Notwithstanding any other provision of law, during the payment

of workers' compensation temporary disability benefits described in

subdivision (a) to a support judgment debtor, the support judgment

creditor may, through the appropriate local child support agency,

seek to apply the workers' compensation temporary disability benefit

payment to satisfy the support judgment as provided by Section 17404

of the Family Code.

(c) Notwithstanding any other provision of law, during the payment

of workers' compensation temporary disability benefits described in

subdivision (a) to a support judgment debtor under a support

judgment, including a judgment for reimbursement of public

assistance, the judgment creditor may, directly or through the

appropriate local child support agency, seek to apply the temporary

disability benefit payments to satisfy the support judgment by an

earnings assignment order for support, as defined in Section 5208 of

the Family Code, or any other applicable enforcement procedure. The

amount to be withheld pursuant to the earnings assignment order for

support or other enforcement procedure shall be 25 percent of the

amount of each periodic payment or any lower amount specified in

writing by the judgment creditor or court order, rounded down to the

nearest dollar. Otherwise, the amount to be withheld shall be the

amount the court determines under subdivision (c) of Section 703.070.

The paying entity may deduct from each payment made pursuant to an

order assigning earnings under this subdivision an amount reflecting

the actual cost of administration of this assignment, up to two

dollars ($2) for each payment.

(d) Unless the provision or context otherwise requires, the

following definitions govern the construction of this section.

(1) "Judgment debtor" or "support judgment debtor" means a person

who is owing a duty of support.

(2) "Judgment creditor" or "support judgment creditor" means the

person to whom support has been ordered to be paid.

(3) "Support" refers to an obligation owing on behalf of a child,

spouse, or family; or an amount owing pursuant to Section 17402 of

the Family Code. It also includes past due support or arrearage when

it exists.

 

704.170. Before payment, aid provided pursuant to Division 9

(commencing with Section 10000) of the Welfare and Institutions Code

or similar aid provided by a charitable organization or a fraternal

benefit society as defined in Section 10990 of the Insurance Code, is

exempt without making a claim. After payment, the aid is exempt.

 

 

704.180. Before payment, relocation benefits for displacement from

a dwelling which are to be paid pursuant to Chapter 16 (commencing

with Section 7260) of Division 7 of Title 1 of the Government Code or

the federal "Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as

amended, are exempt without making a claim. After payment, the

benefits are exempt.

 

704.190. (a) As used in this section, "institution of higher

education" means "institution of higher education" as defined in

Section 1141(a) of Title 20 of the United States Code, as amended.

(b) Before payment, financial aid for expenses while attending

school provided to a student by an institution of higher education is

exempt without making a claim. After payment, the aid is exempt.

 

704.200. (a) As used in this section:

(1) "Cemetery" has the meaning provided by Section 7003 of the

Health and Safety Code.

(2) "Family plot" is a plot that satisfies the requirements of

Section 8650 of the Health and Safety Code.

(3) "Plot" has the meaning provided by Section 7022 of the Health

and Safety Code.

(b) A family plot is exempt without making a claim.

(c) Except as provided in subdivision (d), a cemetery plot for the

judgment debtor and the spouse of the judgment debtor is exempt.

(d) Land held for the purpose of sale or disposition as cemetery

plots or otherwise is not exempt.

704.210. Property that is not subject to enforcement of a money

judgment is exempt without making a claim.

 

704.710. As used in this article:

(a) "Dwelling" means a place where a person resides and may

include but is not limited to the following:

(1) A house together with the outbuildings and the land upon which

they are situated.

(2) A mobilehome together with the outbuildings and the land upon

which they are situated.

(3) A boat or other waterborne vessel.

(4) A condominium, as defined in Section 783 of the Civil Code.

(5) A planned development, as defined in Section 11003 of the

Business and Professions Code.

(6) A stock cooperative, as defined in Section 11003.2 of the

Business and Professions Code.

(7) A community apartment project, as defined in Section 11004 of

the Business and Professions Code.

(b) "Family unit" means any of the following:

(1) The judgment debtor and the judgment debtor's spouse if the

spouses reside together in the homestead.

(2) The judgment debtor and at least one of the following persons

who the judgment debtor cares for or maintains in the homestead:

(A) The minor child or minor grandchild of the judgment debtor or

the judgment debtor's spouse or the minor child or grandchild of a

deceased spouse or former spouse.

(B) The minor brother or sister of the judgment debtor or judgment

debtor's spouse or the minor child of a deceased brother or sister

of either spouse.

(C) The father, mother, grandfather, or grandmother of the

judgment debtor or the judgment debtor's spouse or the father,

mother, grandfather, or grandmother of a deceased spouse.

(D) An unmarried relative described in this paragraph who has

attained the age of majority and is unable to take care of or support

himself or herself.

(3) The judgment debtor's spouse and at least one of the persons

listed in paragraph (2) who the judgment debtor's spouse cares for or

maintains in the homestead.

(c) "Homestead" means the principal dwelling (1) in which the

judgment debtor or the judgment debtor's spouse resided on the date

the judgment creditor's lien attached to the dwelling, and (2) in

which the judgment debtor or the judgment debtor's spouse resided

continuously thereafter until the date of the court determination

that the dwelling is a homestead. Where exempt proceeds from the

sale or damage or destruction of a homestead are used toward the

acquisition of a dwelling within the six-month period provided by

Section 704.720, "homestead" also means the dwelling so acquired if

it is the principal dwelling in which the judgment debtor or the

judgment debtor's spouse resided continuously from the date of

acquisition until the date of the court determination that the

dwelling is a homestead, whether or not an abstract or certified copy

of a judgment was recorded to create a judgment lien before the

dwelling was acquired.

(d) "Spouse" does not include a married person following entry of

a judgment decreeing legal separation of the parties, unless such

married persons reside together in the same dwelling.

 

704.720. (a) A homestead is exempt from sale under this division to

the extent provided in Section 704.800.

(b) If a homestead is sold under this division or is damaged or

destroyed or is acquired for public use, the proceeds of sale or of

insurance or other indemnification for damage or destruction of the

homestead or the proceeds received as compensation for a homestead

acquired for public use are exempt in the amount of the homestead

exemption provided in Section 704.730. The proceeds are exempt for a

period of six months after the time the proceeds are actually

received by the judgment debtor, except that, if a homestead

exemption is applied to other property of the judgment debtor or the

judgment debtor's spouse during that period, the proceeds thereafter

are not exempt.

(c) If the judgment debtor and spouse of the judgment debtor

reside in separate homesteads, only the homestead of one of the

spouses is exempt and only the proceeds of the exempt homestead are

exempt.

 

 

704.730. (a) The amount of the homestead exemption is one of the

following:

(1) Fifty thousand dollars ($50,000) unless the judgment debtor or

spouse of the judgment debtor who resides in the homestead is a

person described in paragraph (2) or (3).

(2) Seventy-five thousand dollars ($75,000) if the judgment debtor

or spouse of the judgment debtor who resides in the homestead is at

the time of the attempted sale of the homestead a member of a family

unit, and there is at least one member of the family unit who owns no

interest in the homestead or whose only interest in the homestead is

a community property interest with the judgment debtor.

(3) One hundred fifty thousand dollars ($150,000) if the judgment

debtor or spouse of the judgment debtor who resides in the homestead

is at the time of the attempted sale of the homestead any one of the

following:

(A) A person 65 years of age or older.

(B) A person physically or mentally disabled and as a result of

that disability is unable to engage in substantial gainful

employment. There is a rebuttable presumption affecting the burden

of proof that a person receiving disability insurance benefit

payments under Title II or supplemental security income payments

under Title XVI of the federal Social Security Act satisfies the

requirements of this paragraph as to his or her inability to engage

in substantial gainful employment.

(C) A person 55 years of age or older with a gross annual income

of not more than fifteen thousand dollars ($15,000) or, if the

judgment debtor is married, a gross annual income, including the

gross annual income of the judgment debtor's spouse, of not more than

twenty thousand dollars ($20,000) and the sale is an involuntary

sale.

(b) Notwithstanding any other provision of this section, the

combined homestead exemptions of spouses on the same judgment shall

not exceed the amount specified in paragraph (2) or (3), whichever is

applicable, of subdivision (a), regardless of whether the spouses

are jointly obligated on the judgment and regardless of whether the

homestead consists of community or separate property or both.

Notwithstanding any other provision of this article, if both spouses

are entitled to a homestead exemption, the exemption of proceeds of

the homestead shall be apportioned between the spouses on the basis

of their proportionate interests in the homestead.

 

 

704.740. (a) Except as provided in subdivision (b), the interest of

a natural person in a dwelling may not be sold under this division

to enforce a money judgment except pursuant to a court order for sale

obtained under this article and the dwelling exemption shall be

determined under this article.

(b) If the dwelling is personal property or is real property in

which the judgment debtor has a leasehold estate with an unexpired

term of less than two years at the time of levy:

(1) A court order for sale is not required and the procedures

provided in this article relating to the court order for sale do not

apply.

(2) An exemption claim shall be made and determined as provided in

Article 2 (commencing with Section 703.510).

 

704.750. (a) Promptly after a dwelling is levied upon (other than a

dwelling described in subdivision (b) of Section 704.740), the

levying officer shall serve notice on the judgment creditor that the

levy has been made and that the property will be released unless the

judgment creditor complies with the requirements of this section.

Service shall be made personally or by mail. Within 20 days after

service of the notice, the judgment creditor shall apply to the court

for an order for sale of the dwelling and shall file a copy of the

application with the levying officer. If the judgment creditor does

not file the copy of the application for an order for sale of the

dwelling within the allowed time, the levying officer shall release

the dwelling.

(b) If the dwelling is located in a county other than the county

where the judgment was entered:

(1) The judgment creditor shall apply to the superior court of the

county where the dwelling is located.

(2) The judgment creditor shall file with the application an

abstract of judgment in the form prescribed by Section 674 or, in the

case of a judgment described in Section 697.320, a certified copy of

the judgment.

(3) The judgment creditor shall pay the filing fee for a motion as

provided in subdivision (a) of Section 70617 of the Government Code.

 

704.760. The judgment creditor's application shall be made under

oath, shall describe the dwelling, and shall contain all of the

following:

(a) A statement whether or not the records of the county tax

assessor indicate that there is a current homeowner's exemption or

disabled veteran's exemption for the dwelling and the person or

persons who claimed any such exemption.

(b) A statement, which may be based on information and belief,

whether the dwelling is a homestead and the amount of the homestead

exemption, if any, and a statement whether or not the records of the

county recorder indicate that a homestead declaration under Article

5 (commencing with Section 704.910) that describes the dwelling has

been recorded by the judgment debtor or the spouse of the judgment

debtor.

(c) A statement of the amount of any liens or encumbrances on the

dwelling, the name of each person having a lien or encumbrance on the

dwelling, and the address of such person used by the county recorder

for the return of the instrument creating such person's lien or

encumbrance after recording.

 

704.770. (a) Upon the filing of the application by the judgment

creditor, the court shall set a time and place for hearing and order

the judgment debtor to show cause why an order for sale should not be

made in accordance with the application. The time set for hearing

shall be not later than 45 days after the application is filed or

such later time as the court orders upon a showing of good cause.

(b) Not later than 30 days before the time set for hearing, the

judgment creditor shall do both of the following:

(1) Serve on the judgment debtor a copy of the order to show

cause, a copy of the application of the judgment creditor, and a copy

of the notice of the hearing in the form prescribed by the Judicial

Council. Service shall be made personally or by mail.

(2) Personally serve a copy of each document listed in paragraph

(1) on an occupant of the dwelling or, if there is no occupant

present at the time service is attempted, post a copy of each

document in a conspicuous place at the dwelling.

 

704.780. (a) The burden of proof at the hearing is determined in

the following manner:

(1) If the records of the county tax assessor indicate that there

is a current homeowner's exemption or disabled veteran's exemption

for the dwelling claimed by the judgment debtor or the judgment

debtor's spouse, the judgment creditor has the burden of proof that

the dwelling is not a homestead. If the records of the county tax

assessor indicate that there is not a current homeowner's exemption

or disabled veteran's exemption for the dwelling claimed by the

judgment debtor or the judgment debtor's spouse, the burden of proof

that the dwelling is a homestead is on the person who claims that the

dwelling is a homestead.

(2) If the application states the amount of the homestead

exemption, the person claiming the homestead exemption has the burden

of proof that the amount of the exemption is other than the amount

stated in the application.

(b) The court shall determine whether the dwelling is exempt. If

the court determines that the dwelling is exempt, the court shall

determine the amount of the homestead exemption and the fair market

value of the dwelling. The court shall make an order for sale of the

dwelling subject to the homestead exemption, unless the court

determines that the sale of the dwelling would not be likely to

produce a bid sufficient to satisfy any part of the amount due on the

judgment pursuant to Section 704.800. The order for sale of the

dwelling subject to the homestead exemption shall specify the amount

of the proceeds of the sale that is to be distributed to each person

having a lien or encumbrance on the dwelling and shall include the

name and address of each such person. Subject to the provisions of

this article, the sale is governed by Article 6 (commencing with

Section 701.510) of Chapter 3. If the court determines that the

dwelling is not exempt, the court shall make an order for sale of the

property in the manner provided in Article 6 (commencing with

Section 701.510) of Chapter 3.

(c) The court clerk shall transmit a certified copy of the court

order (1) to the levying officer and (2) if the court making the

order is not the court in which the judgment was entered, to the

clerk of the court in which the judgment was entered.

(d) The court may appoint a qualified appraiser to assist the

court in determining the fair market value of the dwelling. If the

court appoints an appraiser, the court shall fix the compensation of

the appraiser in an amount determined by the court to be reasonable,

not to exceed similar fees for similar services in the community

where the dwelling is located.

 

704.790. (a) This section applies in any case where the court makes

an order for sale of the dwelling upon a hearing at which none of

the following appeared:

(1) The judgment debtor.

(2) The judgment debtor's spouse.

(3) The attorney for the judgment debtor.

(4) The attorney for the judgment debtor's spouse.

(b) Not later than 10 days after the date of the order for sale,

the judgment creditor shall serve a copy of the order and a notice of

the order in the form prescribed by the Judicial Council:

(1) Personally or by mail on the judgment debtor and the judgment

debtor's spouse.

(2) Personally on an occupant of the dwelling or, if there is no

occupant present at the time service is attempted, post a copy of the

order and notice in a conspicuous place at the dwelling.

(c) Proof of service and of any posting shall be filed with the

court and with the levying officer. If the judgment creditor fails

to comply with this subdivision and with subdivision (b) in any case

where this section applies, the dwelling may not be sold under the

order for sale.

(d) If, within 10 days after service of notice of the order, the

judgment debtor or the judgment debtor's spouse files with the

levying officer a declaration that the absence of the judgment

debtor and the judgment debtor's spouse or the attorney for the

judgment debtor or the judgment debtor's spouse from the hearing was

due to mistake, inadvertence, surprise, or excusable neglect and that

the judgment debtor or spouse of the judgment debtor wishes to

assert the homestead exemption, the levying officer shall transmit

the declaration forthwith to the court. Upon receipt of the

declaration, the court shall set a time and place for hearing to

determine whether the determinations of the court should be modified.

The time set for hearing shall be not later than 20 days after

receipt of the declaration. The court clerk shall cause notice of

the hearing promptly to be given to the parties.

 

 

704.800. (a) If no bid is received at a sale of a homestead

pursuant to a court order for sale that exceeds the amount of the

homestead exemption plus any additional amount necessary to satisfy

all liens and encumbrances on the property, including but not limited

to any attachment or judgment lien, the homestead shall not be sold

and shall be released and is not thereafter subject to a court order

for sale upon subsequent application by the same judgment creditor

for a period of one year.

(b) If no bid is received at the sale of a homestead pursuant to a

court order for sale that is 90 percent or more of the fair market

value determined pursuant to Section 704.780, the homestead shall not

be sold unless the court, upon motion of the judgment creditor, does

one of the following:

(1) Grants permission to accept the highest bid that exceeds the

amount of the minimum bid required by subdivision (a).

(2) Makes a new order for sale of the homestead.

 

704.810. Levy on a homestead that is subject to a lien or

encumbrance is not by itself grounds for acceleration of the

obligation secured by the lien or encumbrance, notwithstanding any

provision of the obligation, lien, or encumbrance and if the

homestead is sold pursuant to court order under this article the

amount payable to satisfy a lien or encumbrance shall not include any

penalty for prepayment.

 

704.820. If the dwelling is owned by the judgment debtor as a joint

tenant or tenant in common or if the interest of the judgment debtor

in the dwelling is a leasehold or other interest less than a fee

interest:

(a) At an execution sale of a dwelling, the interest of the

judgment debtor in the dwelling and not the dwelling shall be sold.

If there is more than one judgment debtor of the judgment creditor,

the interests of the judgment debtors in the dwelling shall be sold

together and each of the judgment debtors entitled to a homestead

exemption is entitled to apply his or her exemption to his or her own

interest.

(b) For the purposes of this section, all references in this

article to the "dwelling" or "homestead" are deemed to be references

to the interest of the judgment debtor in the dwelling or homestead.

 

704.830. The provisions of Sections 703.590 and 703.600 apply to

proceedings under this article.

 

704.840. (a) Except as provided in subdivision (b), the judgment

creditor is entitled to recover reasonable costs incurred in a

proceeding under this article.

(b) If no bid is received at a sale of a homestead pursuant to a

court order for sale that exceeds the amount of the homestead

exemption plus any additional amount necessary to satisfy all liens

and encumbrances on the property, the judgment creditor is not

entitled to recover costs incurred in a proceeding under this article

or costs of sale.

 

704.850. (a) The levying officer shall distribute the proceeds of

sale of a homestead in the following order:

(1) To the discharge of all liens and encumbrances, if any, on the

property.

(2) To the judgment debtor in the amount of any applicable

exemption of proceeds pursuant to Section 704.720.

(3) To the levying officer for the reimbursement of the levying

officer's costs for which an advance has not been made.

(4) To the judgment creditor to satisfy the following:

(A) First, costs and interest accruing after issuance of the writ

pursuant to which the sale is conducted.

(B) Second, the amount due on the judgment with costs and

interest, as entered on the writ.

(5) To the judgment debtor in the amount remaining.

(b) Sections 701.820 and 701.830 apply to distribution of proceeds

under this section.

 

 

704.910. As used in this article:

(a) "Declared homestead" means the dwelling described in a

homestead declaration.

(b) "Declared homestead owner" includes both of the following:

(1) The owner of an interest in the declared homestead who is

named as a declared homestead owner in a homestead declaration

recorded pursuant to this article.

(2) The declarant named in a declaration of homestead recorded

prior to July 1, 1983, pursuant to former Title 5 (commencing with

Section 1237) of Part 4 of Division 2 of the Civil Code and the

spouse of such declarant.

(c) "Dwelling" means any interest in real property (whether

present or future, vested or contingent, legal or equitable) that is

a "dwelling" as defined in Section 704.710, but does not include a

leasehold estate with an unexpired term of less than two years or the

interest of the beneficiary of a trust.

(d) "Homestead declaration" includes both of the following:

(1) A homestead declaration recorded pursuant to this article.

(2) A declaration of homestead recorded prior to July 1, 1983,

pursuant to former Title 5 (commencing with former Section 1237) of

Part 4 of Division 2 of the Civil Code.

(e) "Spouse" means a "spouse" as defined in Section 704.710.

 

704.920. A dwelling in which an owner or spouse of an owner resides

may be selected as a declared homestead pursuant to this article by

recording a homestead declaration in the office of the county

recorder of the county where the dwelling is located. From and after

the time of recording, the dwelling is a declared homestead for the

purposes of this article.

 

704.930. (a) A homestead declaration recorded pursuant to this

article shall contain all of the following:

(1) The name of the declared homestead owner. A husband and wife

both may be named as declared homestead owners in the same homestead

declaration if each owns an interest in the dwelling selected as the

declared homestead.

(2) A description of the declared homestead.

(3) A statement that the declared homestead is the principal

dwelling of the declared homestead owner or such person's spouse, and

that the declared homestead owner or such person's spouse resides in

the declared homestead on the date the homestead declaration is

recorded.

(b) The homestead declaration shall be executed and acknowledged

in the manner of an acknowledgment of a conveyance of real property

by at least one of the following persons:

(1) The declared homestead owner.

(2) The spouse of the declared homestead owner.

(3) The guardian or conservator of the person or estate of either

of the persons listed in paragraph (1) or (2). The guardian or

conservator may execute, acknowledge, and record a homestead

declaration without the need to obtain court authorization.

(4) A person acting under a power of attorney or otherwise

authorized to act on behalf of a person listed in paragraph (1) or

(2).

(c) The homestead declaration shall include a statement that the

facts stated in the homestead declaration are known to be true as of

the personal knowledge of the person executing and acknowledging the

homestead declaration. If the homestead declaration is executed and

acknowledged by a person listed in paragraph (3) or (4) of

subdivision (b), it shall also contain a statement that the person

has authority to so act on behalf of the declared homestead owner or

the spouse of the declared homestead owner and the source of the

person's authority.

 

704.940. A homestead declaration does not restrict or limit any

right to convey or encumber the declared homestead. A homestead

declaration, when properly recorded, is prima facie evidence of the

facts therein stated, and conclusive evidence thereof in favor of a

purchaser or encumbrancer in good faith and for a valuable

consideration.

 

704.950. (a) Except as provided in subdivisions (b) and (c), a

judgment lien on real property created pursuant to Article 2

(commencing with Section 697.310) of Chapter 2 does not attach to a

declared homestead if both of the following requirements are

satisfied:

(1) A homestead declaration describing the declared homestead was

recorded prior to the time the abstract or certified copy of the

judgment was recorded to create the judgment lien.

(2) The homestead declaration names the judgment debtor or the

spouse of the judgment debtor as a declared homestead owner.

(b) This section does not apply to a judgment lien created under

Section 697.320 by recording a certified copy of a judgment for

child, family, or spousal support.

(c) A judgment lien attaches to a declared homestead in the amount

of any surplus over the total of the following:

(1) All liens and encumbrances on the declared homestead at the

time the abstract of judgment or certified copy of the judgment is

recorded to create the judgment lien.

(2) The homestead exemption set forth in Section 704.730.

 

704.960. (a) If a declared homestead is voluntarily sold, the

proceeds of sale are exempt in the amount provided by Section 704.730

for a period of six months after the date of sale.

(b) If the proceeds of a declared homestead are invested in a new

dwelling within six months after the date of a voluntary sale or

within six months after proceeds of an execution sale or of insurance

or other indemnification for damage or destruction are received, the

new dwelling may be selected as a declared homestead by recording a

homestead declaration within the applicable six-month period. In

such case, the homestead declaration has the same effect as if it had

been recorded at the time the prior homestead declaration was

recorded.

 

704.965. If a homestead declaration is recorded prior to the

operative date of an amendment to Section 704.730 which increases the

amount of the homestead exemption, the amount of the exemption for

the purposes of subdivision (c) of Section 704.950 and Section

704.960 is the increased amount, except that, if the judgment

creditor obtained a lien on the declared homestead prior to the

operative date of the amendment to Section 704.730, the exemption for

the purposes of subdivision (c) of Section 704.950 and Section

704.960 shall be determined as if that amendment to Section 704.730

had not been enacted.

 

704.970. Whether or not a homestead declaration has been recorded:

 

(a) Nothing in this article affects the right of levy pursuant to

a writ of execution.

(b) Any levy pursuant to a writ of execution on a dwelling (as

defined in Section 704.710) and the sale pursuant thereto shall be

made in compliance with Article 4 (commencing with Section 704.710)

and the judgment debtor and the judgment creditor shall have all the

rights and benefits provided by that article.

 

 

704.980. (a) A declared homestead may be abandoned by a declaration

of abandonment under this section, whether the homestead declaration

was recorded pursuant to this article or pursuant to former Title 5

(commencing with former Section 1237) of Part 4 of Division 2 of the

Civil Code.

(b) A declaration of abandonment shall be executed and

acknowledged in the manner of an acknowledgment of a conveyance of

real property. It shall be executed and acknowledged by a declared

homestead owner or by a person authorized to act on behalf of a

declared homestead owner. If it is executed and acknowledged by a

person authorized to act on behalf of a declared homestead owner, the

declaration shall contain a statement that the person has authority

to act on behalf of the declared homestead owner and the source of

the person's authority.

(c) The declaration of abandonment does not affect the declared

homestead of any person other than the declared homestead owner named

in the declaration of abandonment.

 

704.990. (a) A declared homestead is abandoned by operation of law

as to a declared homestead owner if the declared homestead owner or a

person authorized to act on behalf of the declared homestead owner

executes, acknowledges, and records a new homestead declaration for

the declared homestead owner on different property. An abandonment

under this subdivision does not affect the declared homestead of any

person other than the declared homestead owner named in the new

homestead declaration.

(b) Notwithstanding subdivision (a), if a homestead declaration is

recorded which includes property described in a previously recorded

homestead declaration, to the extent that the prior homestead

declaration is still valid, the new homestead declaration shall not

be considered an abandonment of the prior declared homestead.

 

704.995. (a) The protection of the declared homestead from any

creditor having an attachment lien, execution lien, or judgment lien

on the dwelling continues after the death of the declared homestead

owner if, at the time of the death, the dwelling was the principal

dwelling of one or more of the following persons to whom all or part

of the interest of the deceased declared homestead owner passes:

(1) The surviving spouse of the decedent.

(2) A member of the family of the decedent.

(b) The protection of the declared homestead provided by

subdivision (a) continues regardless of whether the decedent was the

sole owner of the declared homestead or owned the declared homestead

with the surviving spouse or a member of the decedent's family and

regardless of whether the surviving spouse or the member of the

decedent's family was a declared homestead owner at the time of the

decedent's death.

(c) The amount of the homestead exemption is determined pursuant

to Section 704.730 depending on the circumstances of the case at the

time the amount is required to be determined.

 

 

706.010. This chapter shall be known and may be cited as the "Wage

Garnishment Law."

 

706.011. As used in this chapter:

(a) "Earnings" means compensation payable by an employer to an

employee for personal services performed by such employee, whether

denominated as wages, salary, commission, bonus, or otherwise.

(b) "Earnings assignment order for support" means an order, made

pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of

Division 9 of the Family Code or Section 3088 of the Probate Code,

which requires an employer to withhold earnings for support.

(c) "Employee" means a public officer and any individual who

performs services subject to the right of the employer to control

both what shall be done and how it shall be done.

(d) "Employer" means a person for whom an individual performs

services as an employee.

(e) "Judgment creditor," as applied to the state, means the

specific state agency seeking to collect a judgment or tax liability.

 

(f) "Judgment debtor" includes a person from whom the state is

seeking to collect a tax liability under Article 4 (commencing with

Section 706.070), whether or not a judgment has been obtained on such

tax liability.

(g) "Person" includes an individual, a corporation, a partnership

or other unincorporated association, a limited liability company, and

a public entity.

 

706.020. Except for an earning assignment order for support, the

earnings of an employee shall not be required to be withheld by an

employer for payment of a debt by means of any judicial procedure

other than pursuant to this chapter.

 

 

706.021. Notwithstanding any other provision of this title, a levy

of execution upon the earnings of an employee shall be made by

service of an earnings withholding order upon the employer in

accordance with this chapter.

 

 

706.022. (a) As used in this section, "withholding period" means

the period which commences on the 10th day after service of an

earnings withholding order upon the employer and which continues

until the earliest of the following dates:

(1) The date the employer has withheld the full amount required

to satisfy the order.

(2) The date of termination specified in a court order served on

the employer.

(3) The date of termination specified in a notice of termination

served on the employer by the levying officer.

(4) The date of termination of a dormant or suspended earnings

withholding order as determined pursuant to Section 706.032.

(b) Except as otherwise provided by statute, an employer shall

withhold the amounts required by an earnings withholding order from

all earnings of the employee payable for any pay period of the

employee which ends during the withholding period.

(c) An employer is not liable for any amounts withheld and paid

over to the levying officer pursuant to an earnings withholding order

prior to service upon the employer pursuant to paragraph (2) or (3)

of subdivision (a).

 

706.023. Except as otherwise provided in this chapter:

(a) An employer shall comply with the first earnings withholding

order served upon the employer.

(b) If the employer is served with two or more earnings

withholding orders on the same day, the employer shall comply with

the order issued pursuant to the judgment first entered. If two or

more orders served on the same day are based on judgments entered

upon the same day, the employer shall comply with whichever one of

such orders the employer selects.

(c) If an earnings withholding order is served while an employer

is required to comply with another earnings withholding order with

respect to the earnings of the same employee, the subsequent order is

ineffective and the employer shall not withhold earnings pursuant to

the subsequent order.

 

706.024. (a) The amount required to satisfy an earnings withholding

order is the total amount required to satisfy the writ of execution

on the date the order is issued, with the following additions and

subtractions:

(1) The addition of the statutory fee for service of the order and

any other statutory fees for performing duties under the order.

(2) The addition of costs added to the order pursuant to Section

685.090.

(3) The subtraction of the amount of any partial satisfactions.

(4) The addition of daily interest accruing after issuance of the

order, as adjusted for partial satisfactions.

(b) From time to time the levying officer, in the levying officer'

s discretion, may give written notice to the employer of the amount

required to satisfy the earnings withholding order and the employer

shall determine the total amount to withhold based upon the levying

officer's notice, notwithstanding a different amount stated in the

order originally served on the employer.

(c) If the full amount required to satisfy the earnings

withholding order as stated in the order or in the levying officer's

notice under subdivision (b) is withheld from the judgment debtor's

earnings, interest ceases to accrue on that amount.

 

706.025. (a) Except as provided in subdivision (b), the amount

required to be withheld pursuant to an earnings withholding order

shall be paid monthly to the levying officer not later than the 15th

day of each month. The initial monthly payment shall include all

amounts required to be withheld from the earnings of the employee

during the preceding calendar month up to the close of the employee's

pay period ending closest to the last day of that month, and

thereafter each monthly payment shall include amounts withheld from

the employee's earnings for services rendered in the interim up to

the close of the employee's pay period ending closest to the last day

of the preceding calendar month.

(b) The employer may elect to pay the amounts withheld to the

levying officer more frequently than monthly. If the employer so

elects, payment of the amount withheld from the employee's earnings

for each pay period shall be made not later than 10 days after the

close of the pay period.

 

706.026. (a) The levying officer shall receive and account for all

amounts paid by the employer pursuant to Section 706.025 and shall

pay the amounts so received over to the person entitled thereto at

least once every 30 days.

(b) At least once every two years, the levying officer shall file

an account with the court for all amounts collected under the

earnings withholding order, including costs and interest added to the

amount due.

 

706.027. If the judgment pursuant to which the earnings withholding

order is issued is satisfied before the order otherwise terminates

pursuant to Section 706.022, the judgment creditor shall promptly

notify the levying officer who shall promptly terminate the order by

serving a notice of termination on the employer.

 

 

706.028. (a) "Final earnings withholding order for costs and

interest" means an earnings withholding order for the collection only

of unsatisfied costs and interest, which is issued after an earlier

earnings withholding order has been returned satisfied.

(b) After the amount stated as owing in a prior earnings

withholding order is paid, the judgment creditor may obtain a final

earnings withholding order for costs and interest to collect amounts

of costs and interest that were not collected under the prior

earnings withholding order.

(c) A final earnings withholding order for costs and interest

shall be enforced in the same manner as other earnings withholding

orders.

(d) Satisfaction of the amount stated as owing in a final earnings

withholding order for costs and interest is equivalent to

satisfaction of the money judgment. For this purpose, interest

ceases to accrue on the date of issuance of the final earnings

withholding order and no additional costs may be added after that

date, except for the statutory fee for service of the order and any

other statutory fees for performing duties under the order.

 

 

706.029. Service of an earnings withholding order creates a lien

upon the earnings of the judgment debtor that are required to be

withheld pursuant to the order and upon all property of the employer

subject to the enforcement of a money judgment in the amount required

to be withheld pursuant to such order. The lien continues for a

period of one year from the date the earnings of the judgment debtor

become payable unless the amount required to be withheld pursuant to

the order is paid as required by law.

 

706.030. (a) A "withholding order for support" is an earnings

withholding order issued on a writ of execution to collect delinquent

amounts payable under a judgment for the support of a child, or

spouse or former spouse, of the judgment debtor. A withholding order

for support shall be denoted as such on its face.

(b) The local child support agency may issue a withholding order

for support on a notice of levy pursuant to Section 17522 of the

Family Code to collect a support obligation.

(1) When the local child support agency issues a withholding order

for support, a reference in this chapter to a levying officer is

deemed to mean the local child support agency who issues the

withholding order for support.

(2) Service of a withholding order for support issued by the local

child support agency may be made by first-class mail or in any other

manner described in Section 706.101. Service of a withholding order

for support issued by the local child support agency is complete

when it is received by the employer or a person described in

paragraph (1) or (2) of subdivision (a) of Section 706.101, or if

service is by first-class mail, service is complete as specified in

Section 1013.

(3) The local child support agency shall serve upon the employer

the withholding order for support, a copy of the order, and a notice

informing the support obligor of the effect of the order and of his

or her right to hearings and remedies provided in this chapter and in

the Family Code. The notice shall be accompanied by the forms

necessary to obtain an administrative review and a judicial hearing

and instructions on how to file the forms. Within 10 days from the

date of service, the employer shall deliver to the support obligor a

copy of the withholding order for support, the forms to obtain an

administrative review and judicial hearing, and the notice. If the

support obligor is no longer employed by the employer and the

employer does not owe the support obligor any earnings, the employer

shall inform the local child support agency that the support obligor

is no longer employed by the employer.

(4) An employer who fails to comply with paragraph (3) shall be

subject to a civil penalty of five hundred dollars ($500) for each

occurrence.

(5) The local child support agency shall provide for an

administrative review to reconsider or modify the amount to be

withheld for arrearages pursuant to the withholding order for

support, if the support obligor requests a review at any time after

service of the withholding order. The local child support agency

shall provide the review in the same manner and timeframes provided

for resolution of a complaint pursuant to Section 17800 of the Family

Code. The local child support agency shall notify the employer if

the review results in any modifications to the withholding order for

support. If the local child support agency cannot complete the

administrative review within 30 calendar days of receipt of the

complaint, the local child support agency shall notify the employer

to suspend withholding any disputed amount pending the completion of

the review and the determination by the local child support agency.

(6) Nothing in this section prohibits the support obligor from

seeking a judicial determination of arrearages pursuant to

subdivision (c) of Section 17256 of the Family Code or from filing a

motion for equitable division of earnings pursuant to Section 706.052

either prior to or after the administrative review provided by this

section. Within five business days after receiving notice of the

obligor having filed for judicial relief pursuant to this section,

the local child support agency shall notify the employer to suspend

withholding any disputed amount pending a determination by the court.

The employer shall then adjust the withholding within not more than

nine days of receiving the notice from the local child support

agency.

(c) Notwithstanding any other provision of this chapter:

(1) An employer shall continue to withhold pursuant to a

withholding order for support until the earliest of the dates

specified in paragraph (1), (2), or (3) of subdivision (a) of Section

706.022, except that a withholding order for support shall

automatically terminate one year after the employment of the employee

by the employer terminates.

(2) A withholding order for support has priority over any other

earnings withholding order. An employer upon whom a withholding

order for support is served shall withhold and pay over earnings of

the employee pursuant to that order notwithstanding the requirements

of another earnings withholding order.

(3) Subject to paragraph (2) and to Article 3 (commencing with

Section 706.050), an employer shall withhold earnings pursuant to

both a withholding order for support and another earnings withholding

order simultaneously.

(4) An employer who willfully fails to withhold and forward

support pursuant to a valid earnings withholding order for support

issued and served upon the employer pursuant to this chapter is

liable to the support obligee, as defined in Section 5214 of the

Family Code, for the amount of support not withheld, forwarded, or

otherwise paid to the support obligee.

(5) Notwithstanding any other provision of law, an employer shall

send all earnings withheld pursuant to a withholding order for

support to the levying officer or the State Disbursement Unit as

described in Section 17309 of the Family Code within the time period

specified by federal law.

(6) Once the State Disbursement Unit as described in Section 17309

of the Family Code is operational, all support payments made

pursuant to an earnings withholding order shall be made to that unit.

 

(7) Earnings withheld pursuant to an earnings withholding order

for support shall be credited toward satisfaction of a support

judgment as specified in Section 695.221.

 

706.031. (a) Nothing in this chapter affects an earnings assignment

order for support.

(b) An earnings assignment order for support shall be given

priority over any earnings withholding order. An employer upon whom

an earnings assignment order for support is served shall withhold and

pay over the earnings of the employee pursuant to the assignment

order notwithstanding the requirements of any earnings withholding

order. When an employer is required to cease withholding earnings

pursuant to an earnings withholding order, the employer shall notify

the levying officer who served the earnings withholding order that a

supervening earnings assignment order for support is in effect.

(c) Subject to subdivisions (b), (d), and (e), an employer shall

withhold earnings of an employee pursuant to both an earnings

assignment order for support and an earnings withholding order.

(d) The employer shall withhold pursuant to an earnings

withholding order only to the extent that the sum of the amount

withheld pursuant to any earnings assignment order for support and

the amount withheld pursuant to the earnings withholding order does

not exceed the amount that may be withheld under Article 3

(commencing with Section 706.050).

(e) The employer shall withhold pursuant to an earnings

withholding order for taxes only to the extent that the sum of the

amount withheld pursuant to any earnings assignment order for support

and the amount withheld pursuant to the earnings withholding order

for taxes does not exceed the amount that may be withheld under

Article 4 (commencing with Section 706.070).

706.032. (a) Except as otherwise provided by statute:

(1) If withholding under an earnings withholding order ceases

because the judgment debtor's employment has terminated, the earnings

withholding order terminates at the conclusion of a continuous

180-day period during which no amounts are withheld under the order.

 

(2) If withholding under an earnings withholding order ceases

because the judgment debtor's earnings are subject to an order or

assignment with higher priority, the earnings withholding order

terminates at the conclusion of a continuous two-year period during

which no amounts are withheld under the order.

(b) If an earnings withholding order has terminated pursuant to

subdivision (a), the employer shall return the order to the levying

officer along with a statement of the reasons for returning the

order.

 

 

706.033. If the writ is returned before the earnings withholding

order terminates, on termination of the earnings withholding order

the levying officer shall make a supplemental return on the writ.

The supplemental return shall contain the same information as an

original return pursuant to Section 699.560.

 

706.034. The employer may deduct from the earnings of the employee

the sum of one dollar and fifty cents ($1.50) for each payment made

in accordance with an earnings withholding order issued pursuant to

this chapter.

 

706.050. Except as otherwise provided in this chapter, the amount

of earnings of a judgment debtor exempt from the levy of an earnings

withholding order shall be that amount that may not be withheld from

the judgment debtor's earnings under federal law in Section 1673(a)

of Title 15 of the United States Code.

 

 

706.051. (a) For the purposes of this section, "family of the

judgment debtor" includes the spouse or former spouse of the judgment

debtor.

(b) Except as provided in subdivision (c), the portion of the

judgment debtor's earnings which the judgment debtor proves is

necessary for the support of the judgment debtor or the judgment

debtor's family supported in whole or in part by the judgment debtor

is exempt from levy under this chapter.

(c) The exemption provided in subdivision (b) is not available if

any of the following exceptions applies:

(1) The debt was incurred for the common necessaries of life

furnished to the judgment debtor or the family of the judgment

debtor.

(2) The debt was incurred for personal services rendered by an

employee or former employee of the judgment debtor.

(3) The order is a withholding order for support under Section

706.030.

(4) The order is one governed by Article 4 (commencing with

Section 706.070) (state tax order).

 

706.052. (a) Except as provided in subdivision (b), one-half of the

disposable earnings (as defined by Section 1672 of Title 15 of the

United States Code) of the judgment debtor, plus any amount withheld

from the judgment debtor's earnings pursuant to any earnings

assignment order for support, is exempt from levy under this chapter

where the earnings withholding order is a withholding order for

support under Section 706.030.

(b) Except as provided in subdivision (c), upon motion of any

interested party, the court shall make an equitable division of the

judgment debtor's earnings that takes into account the needs of all

the persons the judgment debtor is required to support and shall

effectuate such division by an order determining the amount to be

withheld from the judgment debtor's earnings pursuant to the

withholding order for support.

(c) An order made under subdivision (b) may not authorize the

withholding of an amount in excess of the amount that may be withheld

for support under federal law under Section 1673 of Title 15 of the

United States Code.

 

 

706.070. As used in this article:

(a) "State" means the State of California and includes any

officer, department, board, or agency thereof.

(b) "State tax liability" means an amount for which the state has

a state tax lien as defined in Section 7162 of the Government Code

excluding a state tax lien created pursuant to the Fish and Game

Code.

 

706.071. This chapter does not limit the state's right to collect a

state tax liability except that (a) no levy upon earnings of an

employee held by an employer is effective unless such levy is made in

accordance with the provisions of this chapter and (b) other methods

of collection may not be used to require an employer to withhold

earnings of an employee in payment of a state tax liability.

 

706.072. (a) A "withholding order for taxes" is an earnings

withholding order issued pursuant to this article to collect a state

tax liability and shall be denoted as a withholding order for taxes

on its face.

(b) A withholding order for taxes may only be issued under one of

the following circumstances:

(1) The existence of the state tax liability appears on the face

of the taxpayer's return, including a case where such tax liability

is disclosed from the taxpayer's return after errors in mathematical

computations in the return have been corrected.

(2) The state tax liability has been assessed or determined as

provided by statute and the taxpayer had notice of the proposed

assessment or determination and had available an opportunity to have

the proposed assessment or determination reviewed by appropriate

administrative procedures. If the taxpayer makes a timely request

for review of the assessment or determination, the state shall not

issue a withholding order for taxes until the administrative review

procedure is completed. If the taxpayer is given notice of the

proposed assessment or determination but does not make a timely

request for review, the state may issue a withholding order for

taxes.

(c) In any case where a state tax liability has been assessed or

determined prior to July 1, 1983, and the state determines that the

requirement of subdivision (b) may not have been satisfied, the state

may send a "Notice of Proposed Issuance of Withholding Order for

Taxes" to the taxpayer at the taxpayer's last known address by

first-class mail, postage prepaid. The notice shall advise the

taxpayer that the taxpayer may have the assessment or determination

reviewed by appropriate administrative procedures and state how such

a review may be obtained. If the taxpayer is sent such a notice and

requests such a review within 30 days from the date the notice was

mailed to the taxpayer, the state shall provide appropriate

administrative procedures for review of the assessment or

determination and shall not issue the withholding order for taxes

until the administrative review procedure is completed. If the

taxpayer is sent such a notice and does not request such a review

within 30 days from the date the notice was mailed to the taxpayer,

the state may issue the withholding order for taxes.

(d) A withholding order for taxes may be issued whether or not the

state tax liability has been reduced to judgment.

 

706.073. Except as otherwise provided in this article, the

provisions of this chapter govern the procedures and proceedings

concerning a withholding order for taxes. For the purposes of this

article, a reference in this chapter to a "levying officer" shall be

deemed to mean the specific state agency seeking to collect a state

tax liability under this article.

 

706.074. (a) The state may itself issue a withholding order for

taxes under this section to collect a state tax liability. The order

shall specify the total amount required to be withheld pursuant to

the order (unpaid tax liability including any penalties, accrued

interest, and costs).

(b) Unless a lesser amount is specified in the order, the amount

to be withheld by the employer each pay period pursuant to an order

issued under this section is the amount required to be withheld under

Section 1673(a) of Title 15 of the United States Code, and is not

subject to the exception provided in Section 1673(b) of Title 15 of

the United States Code.

 

706.075. (a) This section applies to any withholding order for

taxes issued under this article.

(b) Together with the withholding order for taxes, the state shall

serve upon the employer an additional copy of the order and a notice

informing the taxpayer of the effect of the order and of his right

to hearings and remedies provided in this chapter. Within 10 days

from the date of service, the employer shall deliver to the taxpayer

a copy of the order and the notice, except that immediate delivery

shall be made where a jeopardy withholding order for taxes has been

served. If the taxpayer is no longer employed by the employer and

the employer does not owe the taxpayer any earnings, the employer is

not required to make such delivery.

(c) The state shall provide for an administrative hearing to

reconsider or modify the amount to be withheld pursuant to the

withholding order for taxes, and the taxpayer may request such a

hearing at any time after service of the order. If the taxpayer

requests a hearing, the hearing shall be provided, and the matter

shall be determined, within 15 days after the request is received by

the state. The determination of the amount to be withheld is subject

to the standard provided in subdivision (b) of Section 706.051.

Judicial review of the determination made pursuant to this

subdivision by the state may be had only if a petition for a writ of

mandate pursuant to Section 1094.5 is filed within 90 days from the

date that written notice of the state's determination was delivered

or mailed to the taxpayer.

(d) The employer is not subject to any civil liability for failure

to comply with subdivision (b). Nothing in this subdivision limits

the power of a court to hold the employer in contempt of court for

failure to comply with subdivision (b).

 

706.076. (a) A withholding order for taxes may be issued pursuant

to this section requiring the employer of the taxpayer to withhold an

amount in excess of the amount that may be required to be withheld

pursuant to an order issued under Section 706.074.

(b) The state may, at any time, apply to a court of record in the

county where the taxpayer was last known to reside for the issuance

of a withholding order for taxes under this section to collect a

state tax liability.

(c) The application for the order shall include a statement under

oath that the state has served upon the taxpayer both of the

following:

(1) A copy of the application.

(2) A notice informing the taxpayer of the purpose of the

application and the right of the taxpayer to appear at the court

hearing on the application.

(d) Upon the filing of the application, the court shall

immediately set the matter for hearing and the court clerk shall send

a notice of the time and place of the hearing by first-class mail,

postage prepaid, to the state and the taxpayer. The notice shall be

deposited in the mail at least 10 days before the day set for the

hearing.

(e) After hearing, the court shall issue a withholding order for

taxes which shall require the taxpayer's employer to withhold and pay

over all earnings of the taxpayer other than that amount which the

taxpayer proves is exempt under subdivision (b) of Section 706.051,

but in no event shall the amount to be withheld be less than that

permitted to be withheld under Section 706.050.

(f) The state may issue a temporary earnings holding order, which

shall be denoted as such on its face, in any case where the state

intends to apply for a withholding order for taxes under this section

and has determined that the collection of the state tax liability

will be jeopardized in whole or in part if the temporary earnings

holding order is not issued. The temporary earnings holding order

shall be directed to the taxpayer's employer and shall require the

employer to retain in the employer's possession or under the employer'

s control all or such portion of the earnings of the taxpayer then or

thereafter due as is specified in the order. Together with the

temporary earnings holding order, the state shall serve upon the

employer an additional copy of the order and a notice informing the

taxpayer of the effect of the order and of the right to the remedies

provided in this chapter. Upon receipt of the order, the employer

shall deliver to the taxpayer a copy of the order and notice. If the

taxpayer is no longer employed by the employer and the employer does

not owe the taxpayer any earnings, the employer is not required to

make such delivery. The temporary earnings holding order expires 15

days from the date it is served on the employer unless it is extended

by the court on ex parte application for good cause shown. If a

temporary earnings holding order is served on an employer, the state

may not thereafter, for a period of six months, serve on the same

employer another temporary earnings holding order for the same

employee unless the court for good cause shown otherwise orders.

Sections 706.153 and 706.154 apply to temporary earnings holding

orders issued under this section.

 

 

706.077. (a) Subject to subdivision (b), an employer upon whom a

withholding order for taxes is served shall withhold and pay over

earnings of the employee pursuant to such order and shall cease to

withhold earnings pursuant to any prior earnings withholding order

except that a withholding order for support shall be given priority

as provided in Section 706.030. When an employer is required to

cease withholding earnings pursuant to an earlier earnings

withholding order, the employer shall notify the levying officer who

served the earlier earnings withholding order that a supervening

withholding order for taxes is in effect.

(b) An employer shall not withhold earnings of an employee

pursuant to a withholding order for taxes if a prior withholding

order for taxes is in effect, and, in such case, the subsequent

withholding order for taxes is ineffective.

 

706.078. (a) Except as provided in subdivision (b), the employer

shall not withhold pursuant to a withholding order for taxes from

earnings of the employee payable for any pay period of such employee

that ends prior to the 10th day after service of the order.

(b) A "jeopardy withholding order for taxes," which shall be

denoted as such on its face, is a withholding order for taxes that

requires that the employer withhold pursuant to the order from

earnings due to the employee at the time of service of the order on

the employer and from earnings thereafter due. A jeopardy

withholding order for taxes may be issued only where the state has

determined that the collection of a state tax liability will be

jeopardized in whole or in part by delaying the time when withholding

from earnings commences.

(c) An employer shall continue to withhold pursuant to a

withholding order for taxes until the amount specified in the order

has been paid in full or the order is withdrawn, except that the

order automatically terminates one year after the employment of the

employee by the employer terminates. The state shall promptly serve

on the employer a notice terminating the withholding order for taxes

if the state tax liability for which the withholding order for taxes

was issued is satisfied before the employer has withheld the full

amount specified in the order, and the employer shall discontinue

withholding in compliance with such notice.

 

706.080. Service of a withholding order for taxes or of any other

notice or document required under this chapter in connection with a

withholding order for taxes may be made by the state by first-class

mail, postage prepaid, or by any authorized state employee. Service

of a withholding order for taxes is complete when it is received by

the employer or a person described in paragraph (1) or (2) of

subdivision (a) of Section 706.101. Service of, or the providing of,

any other notice or document required to be served or provided under

this chapter in connection with a withholding order for taxes is

complete when the notice or document is deposited in the mail

addressed to the last known address of the person on whom it is

served or to whom it is to be provided.

 

706.081. Except for the forms referred to in Section 706.076, the

state shall prescribe the form of any order, notice, or other

document required by this chapter in connection with a withholding

order for taxes notwithstanding Sections 706.100 and 706.120, and any

form so prescribed is deemed to comply with this chapter.

 

 

706.082. No review of the taxpayer's tax liability shall be

permitted in any court proceedings under this chapter.

 

706.084. Where a warrant, notice of levy, or notice or order to

withhold is served on the employer to enforce a state tax liability

of a person who is an employee of that employer, it shall be deemed

to be a withholding order for taxes as to any earnings that are

subject to the provisions of this chapter if both of the following

requirements are satisfied:

(a) The form provides notice on its face that it is to be treated

as a withholding order for taxes as to any earnings that are subject

to the provisions of this chapter.

(b) The form provides all the information provided in a

withholding order for taxes.

 

706.100. Notwithstanding any other provision of law, the Judicial

Council may provide by rule for the practice and procedure in

proceedings under this chapter except for the state's administrative

hearings provided by Article 4 (commencing with Section 706.070).

 

 

706.101. (a) An earnings withholding order shall be served by the

levying officer upon the employer by delivery of the order to any of

the following:

(1) The managing agent or person in charge, at the time of

service, of the branch or office where the employee works or the

office from which the employee is paid. In the case of a state

employee, the office from which the employee is paid does not include

the Controller's office unless the employee works directly for the

Controller's office.

(2) Any person to whom a copy of the summons and of the complaint

may be delivered to make service on the employer under Article 4

(commencing with Section 416.10) of Chapter 4 of Title 5.

(b) Service of an earnings withholding order shall be made by

personal delivery as provided in Section 415.10 or 415.20 or by

delivery by registered or certified mail, postage prepaid, with

return receipt requested. When service is made by mail, service is

complete at the time the return receipt is executed by or on behalf

of the recipient. If the levying officer attempts service by mail

under this subdivision and does not receive a return receipt within

15 days from the date of deposit in the mail of the earnings

withholding order, the levying officer shall make service as provided

in Article 3 (commencing with Section 415.10) of Chapter 4 of Title

5.

(c) The state may issue an earnings withholding order directly,

without the use of a levying officer, for purposes of collecting

overpayments of unemployment compensation or disability benefits

pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of

Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2

of Part 2 of, Division 1 of the Unemployment Insurance Code. The

earnings withholding order shall be served by registered or certified

mail, postage prepaid, with return receipt requested. Service is

deemed complete at the time the return receipt is executed by, or on

behalf of, the recipient. If the state does not receive a return

receipt within 15 days from the date of deposit in the mail of the

withholding order, the state shall refer the earnings withholding

order to a levying officer for service in accordance with subdivision

(b).

(d) Except as provided in subdivision (b) or (c), service of any

notice or document under this chapter may be made by first-class

mail, postage prepaid. If service is made on the employer after the

employer's return has been received by the levying officer, the

service shall be made by first-class mail, postage prepaid, on the

person designated in the employer's return to receive notices and at

the address indicated in the employer's return, whether or not that

address is within the county. This subdivision does not preclude

service by personal delivery (1) on the employer before the employer'

s return has been received by the levying officer or (2) on the

person designated in the employer's return after its receipt.

(e) Notwithstanding subdivision (b), if the judgment creditor so

requests, the levying officer shall make service of the earnings

withholding order by personal delivery as provided in Section 415.10

or 415.20.

 

 

706.102. (a) If a writ of execution has been issued to the county

where the judgment debtor's employer is to be served and the time

specified in subdivision (b) of Section 699.530 for levy on property

under the writ has not expired, a judgment creditor may apply for

the issuance of an earnings withholding order by filing an

application with a levying officer in such county who shall promptly

issue an earnings withholding order.

(b) This section does not apply where the earnings withholding

order is a withholding order for taxes.

 

706.103. (a) The levying officer shall serve upon the designated

employer all of the following:

(1) The original and one copy of the earnings withholding order.

(2) The form for the employer's return.

(3) The notice to employee of earnings withholding order.

(b) At the time the levying officer makes service pursuant to

subdivision (a), the levying officer shall provide the employer with

a copy of the employer's instructions referred to in Section 706.127.

The Judicial Council may adopt rules prescribing the circumstances

when compliance with this subdivision is not required.

(c) No earnings withholding order shall be served upon the

employer after the time specified in subdivision (b) of Section

699.530.

 

706.104. Any employer who is served with an earnings withholding

order shall:

(a) Deliver to the judgment debtor a copy of the earnings

withholding order and the notice to employee of earnings withholding

within 10 days from the date of service. If the judgment debtor is

no longer employed by the employer and the employer does not owe the

employee any earnings, the employer is not required to make such

delivery. The employer is not subject to any civil liability for

failure to comply with this subdivision. Nothing in this subdivision

limits the power of a court to hold the employer in contempt of

court for failure to comply with this subdivision.

(b) Complete the employer's return on the form provided by the

levying officer and mail it by first-class mail, postage prepaid, to

the levying officer within 15 days from the date of service. If the

earnings withholding order is ineffective, the employer shall state

in the employer's return that the order will not be complied with for

this reason and shall return the order to the levying officer with

the employer's return.

 

 

706.105. (a) A judgment debtor may claim an exemption under Section

706.051 under either of the following circumstances:

(1) No prior hearing has been held with respect to the earnings

withholding order.

(2) There has been a material change in circumstances since the

time of the last prior hearing on the earnings withholding order.

(b) A claim of exemption shall be made by filing with the levying

officer an original and one copy of (1) the judgment debtor's claim

of exemption and (2) the judgment debtor's financial statement.

(c) Upon filing of the claim of exemption, the levying officer

shall promptly send to the judgment creditor, at the address stated

in the application for the earnings withholding order, by first-class

mail, postage prepaid, all of the following:

(1) A copy of the claim of exemption.

(2) A copy of the financial statement.

(3) A notice of claim of exemption. The notice shall state that

the claim of exemption has been filed and that the earnings

withholding order will be terminated, or modified to reflect the

amount of earnings claimed to be exempt in the claim of exemption,

unless a notice of opposition to the claim of exemption is filed with

the levying officer by the judgment creditor within 10 days after

the date of the mailing of the notice of claim of exemption.

(d) A judgment creditor who desires to contest a claim of

exemption shall, within 10 days after the date of the mailing of the

notice of claim of exemption, file with the levying officer a notice

of opposition to the claim of exemption.

(e) If a notice of opposition to the claim of exemption is filed

with the levying officer within the 10-day period, the judgment

creditor is entitled to a hearing on the claim of exemption. If the

judgment creditor desires a hearing on the claim of exemption, the

judgment creditor shall file a notice of motion for an order

determining the claim of exemption with the court within 10 days

after the date the levying officer mailed the notice of claim of

exemption. If the notice of motion is so filed, the hearing on the

motion shall be held not later than 30 days from the date the notice

of motion was filed unless continued by the court for good cause. At

the time prescribed by subdivision (b) of Section 1005, the judgment

creditor shall give written notice of the hearing to the levying

officer and shall serve a notice of the hearing and a copy of the

notice of opposition to the claim of exemption on the judgment debtor

and, if the claim of exemption so requested, on the attorney for the

judgment debtor. Service is deemed made when the notice of the

hearing and a copy of the notice of opposition to the claim of

exemption are deposited in the mail, postage prepaid, addressed to

the judgment debtor at the address stated in the claim of exemption

and, if service on the attorney for the judgment debtor was requested

in the claim of exemption, to the attorney at the address stated in

the claim of exemption. The judgment creditor shall file proof of

the service with the court. After receiving the notice of the

hearing and before the date set for the hearing, the levying officer

shall file the claim of exemption and the notice of opposition to the

claim of exemption with the court.

(f) If the levying officer does not receive a notice of opposition

to the claim of exemption within the 10-day period after the date of

mailing of the notice of claim of exemption and a notice of the

hearing not later than 10 days after the filing of the notice of

opposition to the claim of exemption, the levying officer shall serve

on the employer one of the following:

(1) A notice that the earnings withholding order has been

terminated if all of the judgment debtor's earnings were claimed to

be exempt.

(2) A modified earnings withholding order that reflects the amount

of earnings claimed to be exempt in the claim of exemption if only a

portion of the judgment debtor's earnings was claimed to be exempt.

 

(g) If, after hearing, the court orders that the earnings

withholding order be modified or terminated, the clerk shall promptly

transmit a certified copy of the order to the levying officer who

shall promptly serve on the employer of the judgment debtor (1) a

copy of the modified earnings withholding order or (2) a notice that

the earnings withholding order has been terminated. The court may

order that the earnings withholding order be terminated as of a date

that precedes the date of hearing. If the court determines that any

amount withheld pursuant to the earnings withholding order shall be

paid to the judgment debtor, the court shall make an order directing

the person who holds that amount to pay it promptly to the judgment

debtor.

(h) If the earnings withholding order is terminated by the court,

unless the court otherwise orders or unless there is a material

change of circumstances since the time of the last prior hearing on

the earnings withholding order, the judgment creditor may not apply

for another earnings withholding order directed to the same employer

with respect to the same judgment debtor for a period of 100 days

following the date of service of the earnings withholding order or 60

days after the date of the termination of the order, whichever is

later.

(i) If an employer has withheld and paid over amounts pursuant to

an earnings withholding order after the date of termination of the

order but prior to the receipt of notice of its termination, the

judgment debtor may recover those amounts only from the levying

officer if the levying officer still holds those amounts or, if

those amounts have been paid over to the judgment creditor, from the

judgment creditor. If the employer has withheld amounts pursuant to

an earnings withholding order after termination of the order but has

not paid over those amounts to the levying officer, the employer

shall promptly pay those amounts to the judgment debtor.

(j) An appeal lies from any court order under this section denying

a claim of exemption or modifying or terminating an earnings

withholding order. An appeal by the judgment creditor from an order

modifying or terminating the earnings withholding order does not stay

the order from which the appeal is taken. Notwithstanding the

appeal, until the order modifying or terminating the earnings

withholding order is set aside or modified, the order allowing the

claim of exemption in whole or in part shall be given the same

effect as if the appeal had not been taken.

(k) This section does not apply to a withholding order for support

or a withholding order for taxes.

 

706.106. No findings are required in court proceedings under this

chapter.

 

 

706.108. (a) If a writ of execution has been issued to the county

where the judgment debtor's employer is to be served and the time

specified in subdivision (b) of Section 699.530 for levy on property

under the writ has not expired, a judgment creditor may deliver an

application for issuance of an earnings withholding order to a

registered process server who may then issue an earnings withholding

order.

(b) If the registered process server has issued the earnings

withholding order, the registered process server, before serving the

earnings withholding order, shall deposit with the levying officer a

copy of the writ of execution, the application for issuance of an

earnings withholding order, and a copy of the earnings withholding

order, and shall pay the fee provided by Section 26750 of the

Government Code.

(c) A registered process server may serve an earnings withholding

order on an employer whether the earnings withholding order was

issued by a levying officer or by a registered process server, but no

earnings withholding order may be served after the time specified in

subdivision (b) of Section 699.530. In performing this function,

the registered process server shall serve upon the designated

employer all of the following:

(1) The original and one copy of the earnings withholding order.

(2) The form for the employer's return.

(3) The notice to the employee of the earnings withholding order.

 

(4) A copy of the employer's instructions referred to in Section

706.127, except as otherwise prescribed in rules adopted by the

Judicial Council.

(d) Within five days after service under this section, all of the

following shall be filed with the levying officer:

(1) The writ of execution, if it is not already in the hands of

the levying officer.

(2) Proof of service on the employer of the papers listed in

subdivision (c).

(3) Instructions in writing, as required by the provisions of

Section 687.010.

(e) If the fee provided by Section 26750 of the Government Code

has been paid, the levying officer shall perform all other duties

required by this chapter as if the levying officer had served the

earnings withholding order. If the registered process server does

not comply with subdivisions (b), where applicable, and (d), the

service of the earnings withholding order is ineffective and the

levying officer is not required to perform any duties under the order

and may terminate the order and may release any withheld earnings to

the judgment debtor.

(f) The fee for services of a registered process server under this

section shall be allowed as a recoverable cost pursuant to Section

1033.5.

 

 

706.109. An earnings withholding order may not be issued against

the earnings of the spouse of the judgment debtor except by court

order upon noticed motion.

 

 

706.120. Except as provided in Section 706.081, the Judicial

Council shall prescribe the form of the applications, notices, claims

of exemption, orders, and other documents required by this chapter

as provided in Section 681.030, and only such forms may be used to

implement this chapter.

 

706.121. The "application for issuance of earnings withholding

order" shall be executed under oath and shall include all of the

following:

(a) The name, the last known address, and, if known, the social

security number of the judgment debtor.

(b) The name and address of the judgment creditor.

(c) The court where the judgment was entered and the date the

judgment was entered.

(d) The date of issuance of a writ of execution to the county

where the earnings withholding order is sought.

(e) The total amount required to satisfy the order on the date of

issuance (which may not exceed the amount required to satisfy the

writ of execution on the date of issuance of the order plus the

levying officer's statutory fee for service of the order).

(f) The name and address of the employer to whom the order will be

directed.

(g) The name and address of the person to whom the withheld money

is to be paid by the levying officer.

 

706.122. The "notice to employee of earnings withholding order"

shall contain a statement that informs the employee in simple terms

of the nature of a wage garnishment, the right to an exemption, the

procedure for claiming an exemption, and any other information the

Judicial Council determines would be useful to the employee and

appropriate for inclusion in the notice, including all of the

following:

(a) The named employer has been ordered to withhold from the

earnings of the judgment debtor the amounts required to be withheld

under Section 706.050, or such other amounts as are specified in the

earnings withholding order, and to pay these amounts over to the

levying officer for transmittal to the person specified in the order

in payment of the judgment described in the order.

(b) The manner of computing the amounts required to be withheld

pursuant to Section 706.050.

(c) The judgment debtor may be able to keep more or all of the

judgment debtor's earnings if the judgment debtor proves that the

additional earnings are necessary for the support of the judgment

debtor or the judgment debtor's family supported in whole or in part

by the judgment debtor.

(d) If the judgment debtor wishes a court hearing to prove that

amounts should not be withheld from the judgment debtor's earnings

because they are necessary for the support of the judgment debtor or

the judgment debtor's family supported in whole or in part by the

judgment debtor, the judgment debtor shall file with the levying

officer an original and one copy of the "judgment debtor's claim of

exemption" and an original and one copy of the "judgment debtor's

financial statement." The notice shall also advise the judgment

debtor that the claim of exemption form and the financial statement

form may be obtained without charge at the office of the levying

officer.

 

706.123. The "judgment debtor's claim of exemption" shall be

executed under oath. The claim of exemption shall indicate how much

the judgment debtor believes should be withheld from the judgment

debtor's earnings each pay period by the employer pursuant to the

earnings withholding order and shall state the judgment debtor's

present mailing address.

 

706.124. The "judgment debtor's financial statement" shall be

executed as provided in Section 703.530 and contain all of the

information required by that section and the following additional

information:

(a) Whether any earnings withholding orders are in effect with

respect to the earnings of the judgment debtor or the spouse or

dependents of the judgment debtor.

(b) Whether any earnings assignment orders for support are in

effect with respect to the earnings of the judgment debtor or the

spouse or dependents of the judgment debtor.

 

706.125. The "earnings withholding order" shall include all of the

following:

(a) The name, address, and, if known, the social security number

of the judgment debtor.

(b) The name and address of the employer to whom the order is

directed.

(c) The court where the judgment was entered, the date the

judgment was entered, and the name of the judgment creditor.

(d) The date of issuance of the writ of execution to the county

where the earnings withholding order is sought.

(e) The total amount required to satisfy the order on the date of

issuance (which may not exceed the amount required to satisfy the

writ of execution on the date of issuance of the order plus the

levying officer's statutory fee for service of the order).

(f) A description of the withholding period and an order to the

employer to withhold from the earnings of the judgment debtor for

each pay period the amount required to be withheld under Section

706.050 or the amount specified in the order subject to Section

706.024, as the case may be, for the pay periods ending during the

withholding period.

(g) An order to the employer to pay over to the levying officer at

a specified address the amount required to be withheld and paid over

pursuant to the order in the manner and within the times provided by

law.

(h) An order that the employer fill out the "employer's return"

and return it by first-class mail, postage prepaid, to the levying

officer at a specified address within 15 days after service of the

earnings withholding order.

(i) An order that the employer deliver to the judgment debtor a

copy of the earnings withholding order and the "notice to employee of

earnings withholding order" within 10 days after service of the

earnings withholding order; but, if the judgment debtor is no longer

employed by the employer and the employer does not owe the employee

any earnings, the employer is not required to make such delivery.

(j) The name and address of the levying officer.

 

 

706.126. (a) The "employer's return" shall be executed under oath.

The form for the return provided to the employer shall state all of

the following information:

(1) The name and address of the levying officer to whom the form

is to be returned.

(2) A direction that the form be mailed to the levying officer by

first-class mail, postage prepaid, no later than 15 days after the

date of service of the earnings withholding order.

(3) The name, the address, and, if known, the social security

number of the judgment debtor.

(b) In addition, the employer's return form shall require the

employer to supply all of the following information:

(1) The date the earnings withholding order was served on the

employer.

(2) Whether the judgment debtor is employed by the employer or

whether the employer otherwise owes earnings to the employee.

(3) If the judgment debtor is employed by the employer or the

employer otherwise owes earnings to the employee, the amount of the

employee's earnings for the last pay period and the length of this

pay period.

(4) Whether the employer was required on the date of service to

comply with an earlier earnings withholding order and, if so, the

name of the judgment creditor who secured the earlier order, the

levying officer who served such order, the date it was issued, the

date it was served, the expiration date of such order, and which of

the earnings withholding orders the employer is required to comply

with under the applicable statutory rules concerning the priority of

such orders.

(5) Whether the employer was required on the date of service to

comply with an earnings assignment order for support and, if so, the

court which issued such assignment order and the date it was issued

and any other information the Judicial Council determines is needed

to identify the order.

(6) The name and address of the person to whom notices to the

employer are to be sent.

706.127. (a) The Judicial Council shall prepare "employer's

instructions" for employers and revise or supplement these

instructions to reflect changes in the law or rules regulating the

withholding of earnings.

(b) Except to the extent that they are included in the forms

required to be provided by the employer to the levying officer, the

Judicial Council shall publish and provide to the levying officers

copies of the employer's instructions.

 

706.128. The "judgment creditor's notice of opposition to the claim

of exemption" shall be executed under oath and shall include all of

the following:

(a) The name, last known address, and, if known, the social

security number of the judgment debtor.

(b) The name and address of the judgment creditor.

(c) The date of mailing of the notice of claim of exemption.

(d) The amount of the judgment debtor's claim of exemption which

the judgment creditor claims is not exempt.

(e) The factual and legal grounds for the judgment creditor's

opposition to the claim of exemption.

 

706.129. The levying officer shall have copies of the forms for the

"judgment debtor's claim of exemption" and "judgment debtor's

financial statement" available at the levying officer's office for

distribution without charge to a person who desires to make a claim

of exemption under Section 706.051.

 

706.151. The Judicial Council may perform all acts required by the

Administrator of the Wage and Hour Division of the United States

Department of Labor as conditions to exemption of this state from the

earnings garnishment provisions of the Consumer Credit Protection

Act of 1968 (15 U.S.C. Secs. 1671 -1677), including, but not limited

to:

(a) Representing and acting on behalf of the state in relation to

the Administrator of the Wage and Hour Division and the administrator'

s representatives with regard to any matter relating to, or arising

out of, the application, interpretation, and enforcement of the laws

of this state regulating withholding of earnings.

(b) Submitting to the Administrator of the Wage and Hour Division

in duplicate and on a current basis, a certified copy of every

statute of this state affecting earnings withholding, and a certified

copy of any decision in any case involving any of those statutes,

made by the Supreme Court of this state.

(c) Submitting to the Administrator of the Wage and Hour Division

any information relating to the enforcement of earnings withholding

laws of this state which the administrator may request.

 

706.152. If an employer withholds earnings pursuant to this chapter

and, with the intent to defraud either the judgment creditor or the

judgment debtor, fails to pay such withheld earnings over to the

levying officer, the employer is guilty of a misdemeanor.

 

706.153. (a) No employer shall defer or accelerate any payment of

earnings to an employee with the intent to defeat or diminish the

judgment creditor's rights under an earnings withholding order issued

pursuant to the procedures provided by this chapter.

(b) If an employer violates this section, the judgment creditor

may bring a civil action against the employer to recover the amount

that would have been withheld and paid over pursuant to this chapter

had the employer not violated this section. The remedy provided by

this subdivision is not exclusive.

 

706.154. (a) If an employer fails to withhold or to pay over the

amount the employer is required to withhold and pay over pursuant to

this chapter, the judgment creditor may bring a civil action against

the employer to recover such amount. The remedy provided by this

subdivision is not exclusive.

(b) Notwithstanding subdivision (a), an employer who complies with

any written order or written notice which purports to be given or

served in accordance with the provisions of this chapter is not

subject to any civil or criminal liability for such compliance unless

the employer has actively participated in a fraud.

 

708.010. (a) Except as provided in this section and in subdivision

(b) of Section 708.020, the procedure in this article may be used at

any time a money judgment is enforceable.

(b) If enforcement of the judgment is stayed on appeal by the

giving of a sufficient undertaking under Chapter 2 (commencing with

Section 916) of Title 13, all proceedings under this article are

stayed. In any other case where the enforcement of the judgment is

stayed, all proceedings under this article are stayed unless the

court otherwise expressly orders.

 

 

708.020. (a) The judgment creditor may propound written

interrogatories to the judgment debtor, in the manner provided in

Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4,

requesting information to aid in enforcement of the money judgment.

The judgment debtor shall answer the interrogatories in the manner

and within the time provided by Chapter 13 (commencing with Section

2030.010) of Title 4 of Part 4.

(b) The judgment creditor may not serve interrogatories pursuant

to this section within 120 days after the judgment debtor has

responded to interrogatories previously served pursuant to this

section or within 120 days after the judgment debtor has been

examined pursuant to Article 2 (commencing with Section 708.110), and

the judgment debtor is not required to respond to any

interrogatories so served.

(c) Interrogatories served pursuant to this section may be

enforced, to the extent practicable, in the same manner as

interrogatories in a civil action.

(d) The limitation provided by Chapter 13 (commencing with Section

2030.010) of Title 4 of Part 4 on the number of interrogatories that

may be propounded applies to each set of interrogatories propounded

from time to time pursuant to this section, but does not apply

cumulatively to interrogatories propounded by the judgment creditor

to the judgment debtor.

 

 

708.030. (a) The judgment creditor may demand that any judgment

debtor produce and permit the party making the demand, or someone

acting on that party's behalf, to inspect and to copy a document that

is in the possession, custody, or control of the party on whom the

demand is made in the manner provided in Chapter 14 (commencing with

Section 2031.010) of Title 4 of Part 4, if the demand requests

information to aid in enforcement of the money judgment. The

judgment debtor shall respond and comply with the demand in the

manner and within the time provided by Chapter 14 (commencing with

Section 2031.010) of Title 4 of Part 4.

(b) The judgment creditor may not serve interrogatories or

inspection demands pursuant to this section or Section 708.020 within

120 days after the judgment debtor has responded to the

interrogatories or demands previously served pursuant to this section

or Section 708.020, or within 120 days after the judgment debtor has

been examined pursuant to Article 2 (commencing with Section

708.110), and the judgment debtor is not required to respond to any

discovery so served.

(c) Inspection demands served pursuant to this section may be

enforced to the extent practicable, in the same manner as inspection

demands in a civil action.

 

708.110. (a) The judgment creditor may apply to the proper court

for an order requiring the judgment debtor to appear before the

court, or before a referee appointed by the court, at a time and

place specified in the order, to furnish information to aid in

enforcement of the money judgment.

(b) If the judgment creditor has not caused the judgment debtor to

be examined under this section during the preceding 120 days, the

court shall make the order upon ex parte application of the judgment

creditor.

(c) If the judgment creditor has caused the judgment debtor to be

examined under this section during the preceding 120 days, the court

shall make the order if the judgment creditor by affidavit or

otherwise shows good cause for the order. The application shall be

made on noticed motion if the court so directs or a court rule so

requires. Otherwise, it may be made ex parte.

(d) The judgment creditor shall personally serve a copy of the

order on the judgment debtor not less than 10 days before the date

set for the examination. Service shall be made in the manner

specified in Section 415.10. Service of the order creates a lien on

the personal property of the judgment debtor for a period of one year

from the date of the order unless extended or sooner terminated by

the court.

(e) The order shall contain the following statement in 14-point

boldface type if printed or in capital letters if typed: "NOTICE TO

JUDGMENT DEBTOR. If you fail to appear at the time and place

specified in this order, you may be subject to arrest and punishment

for contempt of court and the court may make an order requiring you

to pay the reasonable attorney's fees incurred by the judgment

creditor in this proceeding."

 

708.120. (a) Upon ex parte application by a judgment creditor who

has a money judgment and proof by the judgment creditor by affidavit

or otherwise to the satisfaction of the proper court that a third

person has possession or control of property in which the judgment

debtor has an interest or is indebted to the judgment debtor in an

amount exceeding two hundred fifty dollars ($250), the court shall

make an order directing the third person to appear before the court,

or before a referee appointed by the court, at a time and place

specified in the order, to answer concerning such property or debt.

The affidavit in support of the judgment creditor's application may

be based on the affiant's information and belief.

(b) Not less than 10 days prior to the date set for the

examination, a copy of the order shall be:

(1) Served personally on the third person.

(2) Served personally or by mail on the judgment debtor.

(c) If the property in the third person's possession or control in

which the judgment debtor has an interest or the debt owed by the

third person to the judgment debtor is described in the affidavit or

application for an order under subdivision (a) in a manner reasonably

adequate to permit it to be identified, service of the order on the

third person creates a lien on the judgment debtor's interest in the

property or on the debt for a period of one year from the date of the

order unless extended or sooner terminated by the court.

(d) The judgment debtor may claim that all or any portion of the

property or debt is exempt from enforcement of a money judgment by

application to the court on noticed motion, filed with the court and

personally served on the judgment creditor not later than three days

before the date set for the examination. The judgment debtor shall

execute an affidavit in support of the application that includes all

of the matters set forth in subdivision (b) of Section 703.520. If a

claim of exemption is made pursuant to this section, a notice of

opposition to the claim of exemption is not required. The court

shall determine any claim of exemption made pursuant to this section.

Failure of the judgment debtor to make a claim of exemption does

not preclude the judgment debtor from later claiming the exemption

unless the property or debt is described in the order in a manner

reasonably adequate to permit it to be identified and the judgment

debtor receives notice of the examination proceeding at least 10 days

before the date set for the examination.

(e) An order made pursuant to subdivision (a) shall contain the

following statements in 14-point boldface type if printed or in

capital letters if typed:

(1) "NOTICE TO PERSON SERVED. If you fail to appear at the time

and place specified in this order, you may be subject to arrest and

punishment for contempt of court and the court may make an order

requiring you to pay the reasonable attorney's fees incurred by the

judgment creditor in this proceeding."

(2) "NOTICE TO JUDGMENT DEBTOR. The person in whose favor the

judgment was entered in this action claims that the person to be

examined pursuant to this order has possession or control of property

which is yours or owes you a debt. This property or debt is as

follows: (Description of property or debt).

If you claim that all or any portion of this property or debt is

exempt from enforcement of the money judgment, you must file your

exemption claim in writing with the court and personally serve a copy

on the judgment creditor not later than three days before the date

set for the examination. You must appear at the time and place set

for this examination to establish your claim of exemption or your

exemption may be waived."

(f) An order made pursuant to subdivision (a) is not effective

unless, at the time it is served on the third person, the person

serving the order tenders to the third person fees for the mileage

necessary to be traveled from the third person's residence to the

place of examination. The mileage fees shall be in the same amount

generally provided for witnesses when legally required to attend

civil proceedings in the court where the examination proceeding is to

be conducted.

 

 

708.130. (a) Witnesses may be required to appear and testify before

the court or referee in an examination proceeding under this article

in the same manner as upon the trial of an issue.

(b) The privilege prescribed by Article 4 (commencing with Section

970) of Chapter 4 of Division 8 of the Evidence Code does not apply

in an examination proceeding under this article.

 

708.140. (a) The examination proceedings authorized by this article

may be conducted by a referee appointed by the court. The referee

may issue, modify, or vacate an order authorized by Section 708.205,

may make a protective order authorized by Section 708.200, and may

issue a warrant authorized by Section 708.170, and has the same power

as the court to grant adjournments, to preserve order, and to

subpoena witnesses to attend the examination, but only the court that

ordered the reference has power to do the following:

(1) Punish for contempt for disobeying an order of the referee.

(2) Make an award of attorney's fees pursuant to Section 708.170.

 

(3) Determine a contested claim of exemption or determine a

third-party claim under Section 708.180.

(b) Only a member of the State Bar of California is eligible for

appointment as a referee pursuant to this article. A person who was

duly appointed as a referee prior to July 1, 1983, pursuant to the

law in operation at the time of appointment, and who is available to

perform the duties of a referee on July 1, 1983, shall be exempt from

the requirements of this subdivision.

(c) Nothing in subdivision (a) limits the power of a court to

appoint a temporary judge pursuant to Section 21 of Article VI of the

California Constitution.

 

708.150. (a) If a corporation, partnership, association, trust, or

other organization is served with an order to appear for an

examination, it shall designate to appear and be examined one or more

officers, directors, managing agents, or other persons who are

familiar with its property and debts.

(b) If the order to appear for an examination requires the

appearance of a specified individual, the specified individual shall

appear for the examination and may be accompanied by one or more

officers, directors, managing agents, or other persons familiar with

the property and debts of the corporation, partnership, association,

trust, or other organization.

(c) If the order to appear for the examination does not require

the appearance of a specified individual, the order shall advise the

corporation, partnership, association, trust, or other organization

of its duty to make a designation under subdivision (a).

(d) A corporation, partnership, association, trust, or other

organization, whether or not a party, may appear at an examination

through any authorized officer, director, or employee, whether or not

the person is an attorney.

 

708.160. (a) Except as otherwise provided in this section, the

proper court for examination of a person under this article is the

court in which the money judgment is entered.

(b) A person sought to be examined may not be required to attend

an examination before a court located outside the county in which the

person resides or has a place of business unless the distance from

the person's place of residence or place of business to the place of

examination is less than 150 miles.

(c) If a person sought to be examined does not reside or have a

place of business in the county where the judgment is entered, the

superior court in the county where the person resides or has a place

of business is a proper court for examination of the person.

(d) If the judgment creditor seeks an examination of a person

before a court other than the court in which the judgment is entered,

the judgment creditor shall file an application that shall include

all of the following:

(1) An abstract of judgment in the form prescribed by Section

674.

(2) An affidavit in support of the application stating the place

of residence or place of business of the person sought to be

examined.

(3) Any necessary affidavit or showing for the examination as

required by Section 708.110 or 708.120.

(4) The filing fee for a motion as provided in subdivision (a) of

Section 70617 of the Government Code.

 

708.170. (a) If an order requiring a person to appear for an

examination was served by a sheriff, marshal, a person specially

appointed by the court in the order, or a registered process server,

and the person fails to appear:

(1) The court may, pursuant to a warrant, have the person brought

before the court to answer for the failure to appear and may punish

the person for contempt.

(2) If the person's failure to appear is without good cause, the

judgment creditor shall be awarded reasonable attorney's fees

incurred in the examination proceeding. Attorney's fees awarded

against the judgment debtor shall be added to and become part of the

principal amount of the judgment.

(b) A person who willfully makes an improper service of an order

for an examination which subsequently results in the arrest pursuant

to subdivision (a) of the person who fails to appear is guilty of a

misdemeanor.

 

708.180. (a) Subject to subdivision (b), if a third person examined

pursuant to Section 708.120 claims an interest in the property

adverse to the judgment debtor or denies the debt, the court may, if

the judgment creditor so requests, determine the interests in the

property or the existence of the debt. The determination is

conclusive as to the parties to the proceeding and the third person,

but an appeal may be taken from the determination. The court may

grant a continuance for a reasonable time for discovery proceedings,

the production of evidence, or other preparation for the hearing.

(b) The court may not make the determination provided in

subdivision (a) if the third person's claim is made in good faith and

any of the following conditions is satisfied:

(1) The court would not be a proper court for the trial of an

independent civil action (including a creditor's suit) for the

determination of the interests in the property or the existence of

the debt, and the third person objects to the determination of the

matter under subdivision (a).

(2) At the time an order for examination pursuant to Section

708.120 is served on the third person a civil action (including a

creditor's suit) is pending with respect to the interests in the

property or the existence of the debt.

(3) The court determines that the interests in the property or the

existence of the debt should be determined in a creditor's suit.

(c) Upon application of the judgment creditor made ex parte, the

court may make an order forbidding transfer of the property to the

judgment debtor or payment of the debt to the judgment debtor until

the interests in the property or the existence of the debt is

determined pursuant to subdivision (a) or until a creditor's suit may

be commenced and an order obtained pursuant to Section 708.240. An

undertaking may be required in the discretion of the court. The

court may modify or vacate the order at any time with or without a

hearing on such terms as are just.

(d) Upon application of the judgment creditor upon noticed motion,

the court may, if it determines that the judgment debtor probably

owns an interest in the property or that the debt probably is owed to

the judgment debtor, make an order forbidding the transfer or other

disposition of the property to any person or forbidding payment of

the debt until the interests in the property or the existence of the

debt is determined pursuant to subdivision (a) or until a creditor's

suit may be commenced and an order obtained pursuant to Section

708.240. The court shall require the judgment creditor to furnish an

undertaking as provided in Section 529. The court may modify or

vacate the order at any time after notice and hearing on such terms

as are just.

 

 

708.190. The court may permit a person claiming an interest in the

property or debt sought to be applied in an examination proceeding to

intervene in the proceeding and may determine the person's rights in

the property or debt pursuant to Section 708.180.

 

708.200. In any proceeding under this article, the court may, on

motion of the person to be examined or on its own motion, make such

protective orders as justice may require.

 

708.205. (a) Except as provided in subdivision (b), at the

conclusion of a proceeding pursuant to this article, the court may

order the judgment debtor's interest in the property in the

possession or under the control of the judgment debtor or the third

person or a debt owed by the third person to the judgment debtor to

be applied toward the satisfaction of the money judgment if the

property is not exempt from enforcement of a money judgment. Such an

order creates a lien on the property or debt.

(b) If a third person examined pursuant to Section 708.120 claims

an interest in the property adverse to the judgment debtor or denies

the debt and the court does not determine the matter as provided in

subdivision (a) of Section 708.180, the court may not order the

property or debt to be applied toward the satisfaction of the money

judgment but may make an order pursuant to subdivision (c) or (d) of

Section 708.180 forbidding transfer or payment to the extent

authorized by that section.

 

708.210. If a third person has possession or control of property in

which the judgment debtor has an interest or is indebted to the

judgment debtor, the judgment creditor may bring an action against

the third person to have the interest or debt applied to the

satisfaction of the money judgment.

 

708.220. The judgment debtor shall be joined in an action brought

pursuant to this article but is not an indispensable party. The

residence of the judgment debtor may not be considered in the

determination of proper venue unless otherwise provided by contract

between the judgment debtor and the third person.

 

708.230. (a) Except as provided in subdivision (b), an action

shall be commenced pursuant to this article before the expiration of

the later of the following times:

(1) The time when the judgment debtor may bring an action against

the third person concerning the property or debt.

(2) One year after creation of a lien on the property or debt

pursuant to this title if the lien is created at the time when the

judgment debtor may bring an action against the third person

concerning the property or debt.

(b) An action may not be commenced pursuant to this article after

the period for enforcement of the money judgment has expired.

(c) Notwithstanding Section 683.020, if an action is commenced

pursuant to this article within the time permitted in this section,

the action may be prosecuted to judgment.

 

708.240. The judgment creditor may apply to the court in which an

action under this article is pending for either or both of the

following:

(a) An order restraining the third person from transferring to the

judgment debtor the property in which the judgment debtor is claimed

to have an interest or from paying to the judgment debtor the

alleged debt. The order shall be made on noticed motion if the court

so directs or a court rule so requires. Otherwise, the order may be

made on ex parte application. The order shall remain in effect

until judgment is entered in the action or until such earlier time as

the court may provide in the order. An undertaking may be required

in the discretion of the court. The court may modify or vacate the

order at any time with or without a hearing on such terms as are

just.

(b) A temporary restraining order or a preliminary injunction or

both, restraining the third person from transferring to any person or

otherwise disposing of the property in which the judgment debtor is

claimed to have an interest, pursuant to Chapter 3 (commencing with

Section 525) of Title 7, and the court may make, dissolve, and modify

such orders as provided therein.

 

708.250. Service of summons on the third person creates a lien on

the interest of the judgment debtor in the property or on the debt

owed to the judgment debtor that is the subject of an action under

this article.

 

 

708.260. (a) In an action brought pursuant to this article, the

judgment debtor may claim that all or any portion of the property or

debt is exempt from enforcement of a money judgment. The claim shall

be made by application to the court on noticed motion, filed with

the court and served on the judgment creditor not later than 30 days

before the date set for trial. Service shall be made personally or

by mail. The judgment debtor shall execute an affidavit in support

of the application that includes all of the matters set forth in

subdivision (b) of Section 703.520. No notice of opposition to the

claim of exemption is required. If the judgment debtor has not been

named as a party to the action, the judgment debtor may obtain an

order under Section 389 that the judgment debtor be made a party.

Except as provided in subdivision (b), failure of the judgment debtor

to make a claim of exemption is a waiver of the exemption.

(b) Failure of the judgment debtor to make a claim of exemption in

an action brought pursuant to this article is not a waiver of the

exemption if both of the following conditions are satisfied:

(1) The judgment debtor has not been served with process in the

action that contains a description of the property or debt reasonably

adequate to permit it to be identified.

(2) The judgment debtor does not have actual notice of the

pendency of the action and the identity of the property or the nature

of the debt in issue.

 

708.270. There is no right to a jury trial in an action under this

article.

 

 

708.280. (a) The court shall determine any exemption claim made in

the action. If the judgment debtor establishes to the satisfaction

of the court that the property or debt is exempt from enforcement of

a money judgment, the court shall so adjudge and may not make the

orders referred to in subdivisions (b), (c), and (d).

(b) If the judgment creditor establishes that the third person has

property in which the judgment debtor has an interest or is indebted

to the judgment debtor, the court shall render judgment accordingly.

The property or debt may be applied to the satisfaction of the

judgment creditor's judgment against the judgment debtor as ordered

by the court.

(c) If the court determines that the third person has property in

which the judgment debtor has an interest, the court may order the

third person not to transfer the property until it can be levied upon

or otherwise applied to the satisfaction of the judgment.

(d) If the court determines that the third person has transferred

property that was subject to a lien in favor of the judgment creditor

or, contrary to court order of which the third person has notice,

has paid the debt to the judgment debtor or has transferred the

property, the court shall render judgment against the third person in

an amount equal to the lesser of the following:

(1) The value of the judgment debtor's interest in the property or

the amount of the debt.

(2) The amount of the judgment creditor's judgment against the

judgment debtor remaining unsatisfied.

 

708.290. Costs incurred by or taxed against the judgment creditor

in an action under this article may not be recovered from the

judgment debtor as a cost of enforcing the judgment.

 

708.310. If a money judgment is rendered against a partner or

member but not against the partnership or limited liability company,

the judgment debtor's interest in the partnership or limited

liability company may be applied toward the satisfaction of the

judgment by an order charging the judgment debtor's interest pursuant

to Section 15673, 16504, or 17302 of the Corporations Code.

 

708.320. (a) A lien on a judgment debtor's interest in a

partnership or limited liability company is created by service of a

notice of motion for a charging order on the judgment debtor and on

either of the following:

(1) All partners or the partnership.

(2) All members or the limited liability company.

(b) If a charging order is issued, the lien created pursuant to

subdivision (a) continues under the terms of the order. If issuance

of the charging order is denied, the lien is extinguished.

 

 

708.410. (a) A judgment creditor who has a money judgment against

a judgment debtor who is a party to a pending action or special

proceeding may obtain a lien under this article, to the extent

required to satisfy the judgment creditor's money judgment, on both

of the following:

(1) Any cause of action of such judgment debtor for money or

property that is the subject of the action or proceeding.

(2) The rights of such judgment debtor to money or property under

any judgment subsequently procured in the action or proceeding.

(b) To obtain a lien under this article, the judgment creditor

shall file a notice of lien and an abstract or certified copy of the

judgment creditor's money judgment in the pending action or special

proceeding.

(c) At the time of the filing under subdivision (b) or promptly

thereafter, the judgment creditor shall serve on all parties who,

prior thereto, have made an appearance in the action or special

proceeding a copy of the notice of lien and a statement of the date

when the notice of lien was filed in the action or special

proceeding. Service shall be made personally or by mail. Failure to

serve all parties as required by this subdivision does not affect

the lien created by the filing under subdivision (b), but the rights

of a party are not affected by the lien until the party has notice

of the lien.

(d) For the purpose of this article, an action or special

proceeding is pending until the time for appeal from the judgment has

expired or, if an appeal is filed, until the appeal has been finally

determined.

 

 

708.420. The notice of lien under Section 708.410 shall contain all

of the following:

(a) A statement that a lien has been created under this article

and the title of the court and the cause and number of the pending

action or proceeding in which the notice of lien is filed.

(b) The name and last known address of the judgment debtor.

(c) The name and address of the judgment creditor.

(d) The title of the court where the judgment creditor's money

judgment is entered and the cause and number of the action, the date

of entry of the judgment, and the date of any subsequent renewals,

and where entered in the records of the court.

(e) The amount required to satisfy the judgment creditor's money

judgment at the time the notice of lien is filed in the action or

proceeding.

(f) A statement that the lien attaches to any cause of action of

the judgment debtor that is the subject of the action or proceeding

and to the judgment debtor's rights to money or property under any

judgment subsequently procured in the action or proceeding.

(g) A statement that no compromise, dismissal, settlement, or

satisfaction of the pending action or proceeding or any of the

judgment debtor's rights to money or property under any judgment

procured therein may be entered into by or on behalf of the judgment

debtor, and that the judgment debtor may not enforce the judgment

debtor's rights to money or property under any judgment procured in

the action or proceeding by a writ or otherwise, unless one of the

following requirements is satisfied:

(1) The prior approval by order of the court in which the action

or proceeding is pending has been obtained.

(2) The written consent of the judgment creditor has been obtained

or the judgment creditor has released the lien.

(3) The money judgment of the judgment creditor has been

satisfied.

(h) A statement that the judgment debtor may claim an exemption

for all or any portion of the money or property within 30 days after

the judgment debtor has notice of the creation of the lien and a

statement that, if the exemption is not claimed within the time

allowed, the exemption is waived.

 

708.430. (a) The court in which the action or special proceeding

is pending may permit a judgment creditor who has obtained a lien

under this article to intervene in the action or proceeding pursuant

to Section 387.

(b) For the purposes of Sections 708.450 and 708.470, a judgment

creditor shall be deemed to be a party to the action or special

proceeding even though the judgment creditor has not become a party

to the action or proceeding under subdivision (a).

 

708.440. (a) Except as provided in subdivision (c) of Section

708.410, unless the judgment creditor's money judgment is first

satisfied or the lien is released, the judgment recovered in the

action or special proceeding in favor of the judgment debtor may not

be enforced by a writ or otherwise, and no compromise, dismissal,

settlement, or satisfaction of the pending action or special

proceeding or the judgment procured therein may be entered into by or

on behalf of the judgment debtor, without the written consent of the

judgment creditor or authorization by order of the court obtained

under subdivision (b).

(b) Upon application by the judgment debtor, the court in which

the action or special proceeding is pending or the judgment procured

therein is entered may, in its discretion, after a hearing, make an

order described in subdivision (a) that may include such terms and

conditions as the court deems necessary. The application for an

order under this subdivision shall be made on noticed motion. The

notice of motion shall be served on the judgment creditor. Service

shall be made personally or by mail.

 

708.450. (a) If a lien is created under this article, the judgment

debtor may claim that all or any portion of the money or property

that the judgment debtor may recover in the action or special

proceeding is exempt from enforcement of a money judgment. The claim

shall be made by application on noticed motion to the court in which

the action or special proceeding is pending, filed and served on the

judgment creditor not later than 30 days after the judgment debtor

has notice of the creation of the lien. Service shall be made

personally or by mail. The judgment debtor shall execute an

affidavit in support of the application that includes all the matters

set forth in subdivision (b) of Section 703.520. No notice of

opposition to the claim of exemption is required. The failure of the

judgment debtor to make a claim of exemption under this section

constitutes a waiver of the exemption.

(b) The court may determine the exemption claim at any time prior

to the entry of judgment in the action or special proceeding or may

consolidate the exemption hearing with the hearing on a motion

pursuant to Section 708.470.

(c) If the judgment debtor establishes to the satisfaction of the

court that the right of the judgment debtor to money or property

under the judgment in the action or special proceeding is all or

partially exempt from enforcement of a money judgment, the court

shall order the termination of the lien created under this article on

the exempt portion of the money or property.

 

708.460. (a) If a lien is created pursuant to this article, the

court clerk shall endorse upon the judgment recovered in the action

or special proceeding a statement of the existence of the lien and

the time it was created.

(b) Any abstract issued upon the judgment shall include a

statement of the lien in favor of the judgment creditor.

 

708.470. (a) If the judgment debtor is entitled to money or

property under the judgment in the action or special proceeding and a

lien created under this article exists, upon application of any

party to the action or special proceeding, the court may order that

the judgment debtor's rights to money or property under the judgment

be applied to the satisfaction of the lien created under this article

as ordered by the court. Application for an order under this

section shall be on noticed motion. The notice of motion shall be

served on all other parties. Service shall be made personally or by

mail.

(b) If the judgment determines that the judgment debtor has an

interest in property, the court may order the party having custody or

control of the property not to transfer the property until it can be

levied upon or otherwise applied to the satisfaction of the lien

created under this article.

(c) If the court determines that a party (other than the judgment

debtor) having notice of the lien created under this article has

transferred property that was subject to the lien or has paid an

amount to the judgment debtor that was subject to the lien, the court

shall render judgment against the party in an amount equal to the

lesser of the following:

(1) The value of the judgment debtor's interest in the property or

the amount paid the judgment debtor.

(2) The amount of the judgment creditor's lien created under this

article.

708.480. A lien created under this article may be enforced by any

applicable procedure:

(a) After the judgment subject to the lien is entered and the time

for appeal from the judgment has expired.

(b) If an appeal is filed from the judgment subject to the lien,

after the appeal is finally determined.

 

708.510. (a) Except as otherwise provided by law, upon application

of the judgment creditor on noticed motion, the court may order the

judgment debtor to assign to the judgment creditor or to a receiver

appointed pursuant to Article 7 (commencing with Section 708.610) all

or part of a right to payment due or to become due, whether or not

the right is conditioned on future developments, including but not

limited to the following types of payments:

(1) Wages due from the federal government that are not subject to

withholding under an earnings withholding order.

(2) Rents.

(3) Commissions.

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.

(b) The notice of the motion shall be served on the judgment

debtor. Service shall be made personally or by mail.

(c) Subject to subdivisions (d), (e), and (f), in determining

whether to order an assignment or the amount of an assignment

pursuant to subdivision (a), the court may take into consideration

all relevant factors, including the following:

(1) The reasonable requirements of a judgment debtor who is a

natural person and of persons supported in whole or in part by the

judgment debtor.

(2) Payments the judgment debtor is required to make or that are

deducted in satisfaction of other judgments and wage assignments,

including earnings assignment orders for support.

(3) The amount remaining due on the money judgment.

(4) The amount being or to be received in satisfaction of the

right to payment that may be assigned.

(d) A right to payment may be assigned pursuant to this article

only to the extent necessary to satisfy the money judgment.

(e) When earnings or periodic payments pursuant to a pension or

retirement plan are assigned pursuant to subdivision (a), the amount

of the earnings or the periodic payments assigned shall not exceed

the amount that may be withheld from a like amount of earnings under

Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

(f) Where a specific amount of the payment or payments to be

assigned is exempt by another statutory provision, the amount of the

payment or payments to be assigned pursuant to subdivision (a) shall

not exceed the amount by which the payment or payments exceed the

exempt amount.

 

708.520. (a) When an application is made pursuant to Section

708.510 or thereafter, the judgment creditor may apply to the court

for an order restraining the judgment debtor from assigning or

otherwise disposing of the right to payment that is sought to be

assigned. The application shall be made on noticed motion if the

court so directs or a court rule so requires. Otherwise, it may be

made ex parte.

(b) The court may issue an order pursuant to this section upon a

showing of need for the order. The court, in its discretion, may

require the judgment creditor to provide an undertaking.

(c) The court may modify or vacate the order at any time with or

without a hearing on such terms as are just.

(d) The order shall be personally served upon the judgment debtor

and shall contain a notice to the judgment debtor that failure to

comply with the order may subject the judgment debtor to being held

in contempt of court.

 

 

708.530. (a) Except as provided in subdivision (b), the effect and

priority of an assignment ordered pursuant to this article is

governed by Section 955.1 of the Civil Code. For the purpose of

priority, an assignee of a right to payment pursuant to this article

shall be deemed to be a bona fide assignee for value under the terms

of Section 955.1 of the Civil Code.

(b) An assignment of the right to future rent ordered under this

article is recordable as an instrument affecting real property and

the priority of such an assignment is governed by Section 1214 of the

Civil Code.

 

708.540. The rights of an obligor are not affected by an order

assigning the right to payment until notice of the order is received

by the obligor. For the purpose of this section, "obligor" means the

person who is obligated to make payments to the judgment debtor or

who may become obligated to make payments to the judgment debtor

depending upon future developments.

 

708.550. (a) The judgment debtor may claim that all or a portion of

the right to payment is exempt from enforcement of a money judgment

by application to the court on noticed motion filed not later than

three days before the date set for the hearing on the judgment

creditor's application for an assignment order. The judgment debtor

shall execute an affidavit in support of the application that

includes all of the matters set forth in subdivision (b) of Section

703.520. Failure of the judgment debtor to make a claim of exemption

is a waiver of the exemption.

(b) The notice of the motion shall be personally served on the

judgment creditor not later than three days before the date set for

the hearing.

(c) The court shall determine any claim of exemption made pursuant

to this section at the hearing on issuance of the assignment order.

 

708.560. (a) Either the judgment creditor or the judgment debtor

may apply to the court on noticed motion for an order to modify or

set aside the assignment order. The notice of motion shall be served

on the other party. Service shall be made personally or by mail.

(b) The court shall make an order modifying or setting aside the

assignment order upon a showing that there has been a material change

in circumstances since the time of the previous hearing on the

assignment order. The court may order a reassignment of the right to

payments as necessary. The order shall state whether and to what

extent it applies to payments already made.

 

708.610. The provisions of Chapter 5 (commencing with Section 564)

and Chapter 5a (commencing with Section 571) of Title 7 govern the

appointment, qualifications, powers, rights, and duties of a receiver

appointed under this article.

 

 

708.620. The court may appoint a receiver to enforce the judgment

where the judgment creditor shows that, considering the interests of

both the judgment creditor and the judgment debtor, the appointment

of a receiver is a reasonable method to obtain the fair and orderly

satisfaction of the judgment.

 

 

708.630. (a) The judgment debtor's interest in an alcoholic

beverage license may be applied to the satisfaction of a money

judgment only as provided in this section.

(b) The court may appoint a receiver for the purpose of

transferring the judgment debtor's interest in an alcoholic beverage

license that is transferable under Article 5 (commencing with Section

24070) of Chapter 6 of Division 9 of the Business and Professions

Code, unless the judgment debtor shows in the proceeding to appoint a

receiver that the amount of delinquent taxes described in Section

24049 of the Business and Professions Code and claims of creditors

with priority over the judgment creditor pursuant to Section 24074 of

the Business and Professions Code exceed the probable sale price of

the license.

(c) The receiver may exercise the powers of the licensee as

necessary and in exercising such powers shall comply with the

applicable provisions of Division 9 (commencing with Section 23000)

of the Business and Professions Code and applicable regulations of

the Department of Alcoholic Beverage Control. An application shall

be filed to transfer the license to the receiver and a temporary

retail permit shall be obtained during the pendency of the transfer.

 

708.710. As used in this article:

(a) "Local public entity" means any public entity other than the

state.

(b) "Public entity" means the state, a county, city, district,

public authority, public agency, and any other political subdivision

in the state.

(c) "State" means the State of California.

(d) "State agency" means a state office, officer, department,

division, bureau, board, commission or agency claims against which

are paid by warrants drawn by the Controller.

 

708.720. (a) If a public entity owes money to the judgment debtor,

the obligation of the public entity may be applied to the

satisfaction of the money judgment against the judgment debtor only

in the manner provided by (1) this article, (2) Chapter 5 (commencing

with Section 706.010) (wage garnishment), or (3) Article 5

(commencing with Section 708.410) (lien in pending action or

proceeding).

(b) The earnings of a public officer or employee shall not be

withheld pursuant to this article. Except as expressly provided by

law, the earnings of a public officer or employee may be withheld for

the payment of a money judgment only pursuant to Chapter 5

(commencing with Section 706.010).

(c) If the obligation of a public entity to pay money to the

judgment debtor is the subject of a pending action or special

proceeding, the procedure in this article does not apply. The

payment of the obligation that is the subject of the pending action

or special proceeding may be applied to the satisfaction of the

money judgment against the judgment debtor only in the manner

provided in Article 5 (commencing with Section 708.410).

 

708.730. (a) If money is owing and unpaid to the judgment debtor by

a public entity, the judgment creditor may file, in the manner

provided in this article, an abstract of the money judgment or a

certified copy of the money judgment, together with an affidavit that

states that the judgment creditor desires the relief provided by

this article and states the exact amount then required to satisfy the

judgment. The judgment creditor may state in the affidavit any fact

tending to establish the identity of the judgment debtor.

(b) Promptly after filing the abstract or certified copy of the

judgment and the affidavit with the public entity, the judgment

creditor shall serve notice of the filing on the judgment debtor.

Service shall be made personally or by mail.

(c) If the judgment is for support and related costs and money is

owing and unpaid to the judgment debtor by a state agency, including,

but not limited to, money owing and unpaid to the judgment debtor by

a state agency on a claim for refund from the Franchise Tax Board

under the Personal Income Tax Law, Part 10 (commencing with Section

17001) of Division 2 of the Revenue and Taxation Code, or the Bank

and Corporation Tax Law, Part 11 (commencing with Section 23001) of

Division 2 of the Revenue and Taxation Code or as a result of the

judgment debtor's winnings in the California State Lottery, and the

local child support agency is enforcing the support obligation

pursuant to Section 17400 of the Family Code, the claim may be

submitted as follows: The local child support agency may file the

affidavit referred to in subdivision (a) without filing an abstract

or certified copy of the judgment. In lieu thereof, the affidavit

shall also state that an abstract of the judgment could be obtained.

Where there is more than one judgment debtor, the local child

support agency may include all the judgment debtors in a single

affidavit. Separate affidavits need not be submitted for each

judgment debtor. The affidavit need not on its face separately

identify each judgment debtor or the exact amount required to satisfy

the judgment, so long as it incorporates by reference forms or other

automated data transmittals, as required by the Department of Child

Support Services, which contain this information. Affidavits

submitted pursuant to this subdivision by the local child support

agency shall meet the standards and procedures prescribed by the

state agency to which the affidavit is submitted, except that those

affidavits submitted with respect to moneys owed and unpaid to the

judgment debtor as a result of a claim for refund from the Franchise

Tax Board under the Personal Income Tax Law, Part 10 (commencing with

Section 17001) of Division 2 of the Revenue and Taxation Code, or

the Bank and Corporation Tax Law, Part 11 (commencing with Section

23001) of Division 2 of the Revenue and Taxation Code, shall meet the

standards and procedures prescribed by the Franchise Tax Board.

In serving the notice required by subdivision (b), the Director of

the Department of Child Support Services or his or her designee may

act in lieu of the judgment creditor as to judgments enforced under

this division.

(d) If the judgment is for child, spousal, or family support and

related costs and money is owing and unpaid to the judgment debtor by

a state agency on a claim for refund from the Franchise Tax Board

under the Personal Income Tax Law, Part 10 (commencing with Section

17001) of Division 2 of the Revenue and Taxation Code, or the Bank

and Corporation Tax Law, Part 11 (commencing with Section 23001) of

Division 2 of the Revenue and Taxation Code, or as a result of the

judgment debtor's winnings in the California State Lottery, the

judgment creditor may file with the court an abstract or a certified

copy of the judgment ordering the payment of child, spousal, or

family support, together with a request that the court issue a Notice

of Support Arrearage, as provided in Section 708.780, to which any

personal income tax refunds and lottery winnings owed the judgment

debtor by the State of California will be subject. The request shall

be accompanied by an affidavit, signed under penalty of perjury,

which shall state that the judgment creditor desires the relief

provided by this subdivision and shall state the exact amount then

required to satisfy the judgment. In addition, the affidavit shall

specify the beginning and ending dates of all periods during which

the arrearage for support occurred, specify the arrearage for each

month, and state that the support is at least 90 days overdue or is

overdue in an amount equal to 90 days of support. It shall also

certify that the child or children are not recipients, and during the

period for which payment is requested, were not recipients, of Aid

to Families with Dependent Children and there was no assignment to a

state or county agency of support and shall certify on information

and belief that there is not current or past action by a district

attorney pending for support or support enforcement on the judgment

creditor's behalf.

The request shall have attached a proof of service showing that

copies of the request, the affidavit, and the abstract or certified

copy of the judgment ordering the payment of support have been served

on the judgment debtor and the district attorney of the county in

which the support judgment is entered. Service shall be by certified

mail, postage prepaid, return receipt requested, to the last known

address of the party to be served, or by personal service.

This subdivision does not apply in any instance in which a

district attorney initiated or participated as counsel in the action

for support or if support is required to be paid through a district

attorney's office.

The Department of Child Support Services shall, upon request,

inform the Legislature of the use and effect of this subdivision on

or before December 31, 2000.

This subdivision shall become operative on January 1, 1996, and

shall become inoperative on December 31, 2000.

(e) For purposes of this section, "support" means an obligation

owing on behalf of a child, spouse, or family, or combination

thereof.

 

 

708.740. (a) Except as provided in subdivision (e), if money is

owing and unpaid to the judgment debtor by a state agency, the

judgment creditor shall file the abstract or certified copy of the

judgment and the affidavit with the state agency owing the money to

the judgment debtor prior to the time the state agency presents the

claim of the judgment debtor to the Controller. Where the affidavit

is prepared under subdivision (c) of Section 708.730, the affidavit

shall be filed with the Department of Child Support Services, and no

abstract need be filed. Filing of the affidavit with the department

shall be sufficient to require the Controller to transfer the funds

claimed by the judgment debtor, notwithstanding that the claim of the

judgment debtor has been filed with another state agency.

(b) When presenting the claim of the judgment debtor to the

Controller, the state agency shall do all of the following:

(1) Note the fact of the filing of the abstract or certified copy

of the judgment and the affidavit.

(2) State the amount required to satisfy the judgment as shown by

the affidavit.

(3) State any amounts advanced to the judgment debtor by the

state, or owed by the judgment debtor to the state, for expenses or

for any other purpose.

(c) Except as provided in subdivisions (d) and (e), to discharge

the claim of the judgment debtor, the Controller shall (1) deposit

with the court, by a warrant or check payable to the court, the

amount due the judgment debtor (after deducting an amount sufficient

to reimburse the state for any amounts advanced to the judgment

debtor or owed by the judgment debtor to the state) required to

satisfy the money judgment as shown by the affidavit in full or to

the greatest extent and (2) pay the balance thereof, if any, to the

judgment debtor.

(d) Where an affidavit stating the existence of a judgment for

support has been submitted to the Department of Child Support

Services, pursuant to subdivision (c) of Section 708.730, to

discharge the claim of a judgment debtor, the Controller shall direct

payment to the county agency designated by the local child support

agency in his or her affidavit.

(e) Where the judgment is for support and the money owed is for

lottery winnings or a refund of overpayment of tax, penalty,

interest, or interest allowable with respect to an overpayment under

Part 10 (commencing with Section 17001) of Division 2 of the Revenue

and Taxation Code, and the support obligation is not being enforced

pursuant to Section 17400 of the Family Code, the judgment creditor

may file the abstract or certified copy of the judgment with the

local child support agency of the county in which the support

judgment is entered or registered. The local child support agency

shall then file the claim of the judgment creditor pursuant to

subdivision (c) of Section 708.730. When funds are received by the

local child support agency, it shall discharge any claim of the

judgment debtor by forwarding those sums to the clerk of the court

pursuant to subdivision (c) of this section. Any and all notices

otherwise required of a judgment creditor or the clerk of the court,

and any litigation to enforce rights under this subdivision shall be

the responsibility of the judgment creditor, the same as if service

had been directly on the Controller without the intervention of the

local child support agency.

(f) Where the claim of the judgment debtor is less than ten

dollars ($10) and the claim of the judgment creditor arises under an

affidavit filed pursuant to subdivision (c) of Section 708.730, the

Controller may disregard the claim of the judgment creditor and

forward any and all sums due to the judgment debtor. In the event

that there is more than one claimant for a refund, the Franchise Tax

Board shall have discretion in allocating the overpayment among

claimants.

(g) Should two or more local child support agencies submit claims

on behalf of a judgment creditor, the Controller in his or her

discretion may select which claim or claims he or she shall honor.

(h) Any claims which are honored in behalf of a judgment creditor

shall be considered as refunds of tax overpayments to the judgment

debtor.

(i) For purposes of this section, "support" means an obligation

owing on behalf of a child, spouse, or family, or combination

thereof.

 

 

708.750. If money is owing and unpaid to the judgment debtor by a

public entity other than a state agency, the judgment creditor shall

file the abstract or certified copy of the judgment and the affidavit

with the auditor of the public entity or, if there is no auditor,

with the official whose duty corresponds to that of auditor. To

discharge the claim of the judgment debtor, the auditor or other

official shall (1) deposit with the court by a warrant or check

payable to the court, the amount due the judgment debtor (after

deducting an amount sufficient to reimburse the public entity for any

amounts advanced to the judgment debtor or owed by the judgment

debtor to the public entity) required to satisfy the money judgment

as shown by the affidavit in full or to the greatest extent and (2)

pay the balance thereof, if any, to the judgment debtor.

 

708.755. (a) Upon compliance with this section, the lien of a

judgment creditor pursuant to this article is created against a

lottery prize to be paid in annual installments and shall continue in

force and effect until the judgment is paid or expires, whichever

occurs first. For the lien to continue in effect, the judgment

creditor shall do all of the following:

(1) Commencing with the second installment against which the

judgment lien creditor asserts its lien, annually file with the

lottery an affidavit stating that the judgment has not been satisfied

and the amount of the remaining unsatisfied judgment, including

interest and costs, if any. This affidavit shall be filed with the

lottery not less than 45 days, nor more than 90 days, before the

annual payment due date on the prize that is the subject of the

judgment lien.

(2) If the judgment lien is renewed, file with the lottery a

certified copy of the renewal application, as authorized in this code

not less than 45 days, nor more than 90 days, before the annual

payment due date on the prize that is the subject of the judgment

lien, in order for the judgment lien to be effective in continuing

the existing judgment lien against the annual lottery prize payments.

 

(b) If the judgment lien creditor fails to file the annual

statement, renewal of judgment, or renewal of abstract, the lien

shall expire. Expiration of a lien for failure to comply with this

section shall not preclude the judgment creditor from commencing a

new procedure under this article to enforce the judgment, to the

extent that the judgment otherwise continues to be enforceable under

applicable law.

 

 

708.760. (a) If the judgment debtor named in the abstract or

certified copy of the judgment filed pursuant to this article is a

contractor upon a public work, the cost of which is to be paid out of

public moneys voted, appropriated, or otherwise set apart for such

purpose, only so much of the contract price shall be deemed owing and

unpaid within the meaning of Section 708.740 or 708.750 as may

remain payable under the terms of the contractor's contract, upon the

completion thereof, after deducting sums due and to become due to

persons described in Section 3181 of the Civil Code. In ascertaining

the sums due or to become due to such persons, only claims which

are filed against the moneys due or to become due to the judgment

debtor in accordance with the provisions of Chapter 4 (commencing

with Section 3179) of Title 15 of Part 4 of Division 3 of the Civil

Code shall be considered.

(b) The Controller, auditor, or other public disbursing officer

whose duty it is to make payments under the provisions of the

contract may not deposit an amount with the court pursuant to this

article until the contract is completed, but may deposit an amount

with the court to satisfy the claim of the judgment debtor before the

payments specified in subdivision (a) are made so long as a

sufficient amount is retained for the satisfaction of the claims of

persons described in Section 3181 of the Civil Code.

 

708.770. (a) Except as provided in subdivision (g), promptly after

deposit with the court by the public entity, the court clerk shall

cause a notice of deposit to be served on the judgment debtor.

Service shall be made personally or by mail.

(b) Within 10 days after service of the notice of deposit pursuant

to subdivision (a), the judgment debtor who claims an exemption

shall do both of the following:

(1) File with the court a claim of exemption and a notice of

motion for an order determining the claim of exemption. The claim of

exemption shall include all of the matters set forth in subdivision

(b) of Section 703.520.

(2) Serve on the judgment creditor a copy of the notice of motion,

a copy of the claim of exemption, and a notice of hearing on the

motion. Service shall be made personally or by mail.

(c) The hearing on the motion shall be held not later than 30 days

from the date the notice of motion was filed with the court unless

continued by the court for good cause.

(d) Within 10 days after the judgment creditor is served under

subdivision (b), the judgment creditor who opposes the motion shall

do both of the following:

(1) File with the court a notice of opposition to the claim of

exemption. The notice of opposition to the claim of exemption shall

be executed under oath and shall include all of the matters set forth

in Section 703.560.

(2) Serve on the judgment debtor a copy of the notice of

opposition to the claim of exemption. Service shall be made

personally or by mail.

(e) Subdivisions (a) to (d), inclusive, of Section 703.580 and

Sections 703.590 and 703.600 apply to a claim of exemption made

pursuant to this section.

(f) The failure of the judgment debtor to make a claim of

exemption under this section constitutes a waiver of the exemption.

(g) In lieu of service of the notice of deposit described herein,

where a state agency has been served with an affidavit pursuant to

subdivision (c) of Section 708.730 and has presented the claim of the

judgment creditor to the Controller pursuant to subdivision (a) of

Section 708.740, the state agency shall cause a notice of deposit to

be sent to the judgment debtor instructing the judgment debtor to

file any and all requests for relief with the district attorney who

filed the affidavit, or the court clerk if the seizure arises under

subdivision (e) of Section 708.740. Except in those cases arising

under subdivision (e) of Section 708.740, the judgment debtor shall

file the request for relief with the district attorney within 15 days

after service of notice from the public agency, or the judgment

debtor shall be deemed to have waived any claim he or she might

otherwise have. If the matter cannot be resolved with the district

attorney, the district attorney shall so advise the judgment debtor

and the judgment debtor shall then be authorized to commence

proceedings under this section or any other appropriate provision of

law. The notice from the district attorney shall for any limitation

have the same effect as a notice of deposit under subdivision (a).

Service of any notice or request under this subdivision shall be made

personally or by mail.

Claims arising from the filing of an abstract or certified copy of

a judgment, under subdivision (e) of Section 708.740 shall be

governed by the procedure and limitations set forth in subdivisions

(a) through (f).

 

 

708.775. After the expiration of the period allowed for claiming an

exemption under Section 708.770 if no exemption has been claimed, or

after the determination of the claim of exemption if an exemption is

claimed within the period allowed for claiming the exemption under

Section 708.770, the court shall pay the nonexempt portion of the

money deposited to which the judgment creditor is entitled to the

judgment creditor and the balance thereof, if any, to the judgment

debtor, unless some other disposition is required by law.

 

708.780. (a) Filing of the abstract or certified copy of the

judgment and the affidavit pursuant to this article creates a lien on

the money owing and unpaid to the judgment debtor by the public

entity in an amount equal to that which may properly be applied to

the satisfaction of the money judgment under this article.

(b) When an affidavit is filed pursuant to subdivision (c) of

Section 708.730, it shall apply to all claims for refund from the

Franchise Tax Board under the Personal Income Tax Law, Part 10

(commencing with Section 17001) of Division 2 of the Revenue and

Taxation Code, or the Bank and Corporation Tax Law, Part 11

(commencing with Section 23001) of Division 2 of the Revenue and

Taxation Code, which the judgment debtor subsequently claims during a

period one year after filing of the affidavit, or October 1 of the

year following the filing of the affidavit, whichever occurs later,

the same as if claims for these overpayments were filed by the

judgment debtor with the appropriate state agency on the date the

affidavit was filed.

(c) When a request is filed pursuant to subdivision (d) of Section

708.730 with the court, the clerk of the court shall issue a Notice

of Support Arrearage. The clerk of the court shall issue the notice

30 days after the request was filed pursuant to subdivision (d) of

Section 708.730 without a hearing if no objection has been raised by

the judgment debtor pursuant to this subdivision. If an objection

has been raised, the notice shall not be ordered until after a

hearing. The notice shall contain the name of the person ordered to

pay support and his or her social security number; the amount of the

arrearage determined by the court; whether the arrearage is for

child, spousal, or family support and the specific combination

thereof; a statement of how the recipient may challenge the statement

of arrearage; and the name, address, and social security number of

the person to whom the arrearage is owed. Upon the clerk of the

court issuing the Notice of Support Arrearage, a copy of the request,

the affidavit, and the notice shall be served by the party who

requested the court to issue the Notice of Support Arrearage upon the

person ordered to pay support and the Controller. Service may be

personal, in accordance with Section 1011, or by mail, in accordance

with Section 1013. Service upon the Controller shall be at the

Controller's office in Sacramento.

The judgment debtor may object to the request or affidavit upon

any of the following grounds: (1) there is an error in the amount of

the arrearage stated in the affidavit; (2) the alleged judgment

debtor is not the judgment debtor from whom the support is due; (3)

the amount to be intercepted exceeds that allowable under federal

law; (4) a default in payment of the support for 30 days has not

occurred; or (5) other necessary factual allegations contained in the

affidavit are erroneous.

Upon receipt of the Notice of Support Arrearage, the Controller

shall take reasonable measures to deduct from any personal income tax

refunds and lottery winnings owed and processed for payment to the

judgment debtor and deposit with the court a warrant, subject to

Sections 708.770 and 708.775, with service of a copy of the warrant

upon the local child support agency of the county in which the

support judgment is entered, payable to the court, the amount due the

judgment creditor (after deducting an amount sufficient to reimburse

the state for any amounts advanced to the judgment debtor or owed by

the judgment debtor to the state) required to satisfy the money

judgment as shown by the affidavit in full or to the greatest extent,

and pay the balance thereof, if any, to the judgment debtor. At any

hearing pursuant to Section 708.770, the judgment debtor may

challenge the distribution of these funds on exemption or other

grounds, including, but not limited to, an allegation that the

judgment has been satisfied or that service was improper. The notice

shall not apply to any money which is exempt by law from execution.

The Controller shall determine the cost of enforcing the notice and

may establish a notice filing fee not to exceed five dollars ($5).

Service of the Notice of Support Arrearage and of the request and

affidavit pursuant to this subdivision creates a lien on the money

owing and unpaid to the judgment debtor which shall become effective

30 days following service upon the Controller. This notice shall

remain in effect for four years from the date of its issuance or

until the arrearage for which the notice was issued is satisfied,

whichever occurs first.

Any person who files a request with the court to issue a Notice of

Support Arrearage pursuant to subdivision (d) of Section 708.730

shall notify the court and the Controller of any satisfaction of the

arrearage after the Notice of Support Arrearage has been issued by

the clerk of the court. The notice to the court and the Controller

shall be filed with the court and the Controller and served upon the

local child support agency of the county in which the support

judgment is entered within 30 days of the satisfaction or discharge

and shall show a partial or full satisfaction of the arrearage or any

other resolution of the arrearage.

Upon filing and service, the Notice of Support Arrearage shall be

of no force and effect.

The State Department of Social Services shall, upon request,

inform the Legislature of the use and effect of this subdivision on

or before December 31, 2001.

This subdivision shall become operative on January 1, 1996, and

shall become inoperative on December 31, 2001.

(d) For purposes of this section, "support" means an obligation

owing on behalf of a child, spouse, or family, or combination

thereof.

 

 

708.785. (a) The judgment creditor upon filing the abstract or

certified copy of the judgment and the affidavit shall pay a fee of

six dollars ($6) to the public entity with which it is filed.

(b) Fees received by the state under this section shall be

deposited to the credit of the fund from which payments were, or

would be, made on account of collection under this article.

 

708.790. No public officer or employee is liable for failure to

perform a duty imposed by this article unless sufficient information

is furnished by the abstract or certified copy of the judgment

together with the affidavit to enable the officer or employee in the

exercise of reasonable diligence to ascertain the identity of the

judgment debtor therefrom and from the papers and records on file in

the office in which the officer or employee works. The word "office"

as used in this section does not include any branch or subordinate

office located in a different city.

 

708.795. Except as to sums due and unpaid under a judgment for

support, nothing in this article authorizes the filing against an

overpayment of tax, penalty, or interest, or interest allowable with

respect to an overpayment, under Part 10 (commencing with Section

17001), or Part 11 (commencing with Section 23001) of Division 2 of

the Revenue and Taxation Code or under Division 6 (commencing with

Section 13000) of the Unemployment Insurance Code.

 

708.910. As used in this article, "franchise" means a franchise

granted by a public entity and all the rights and privileges thereof,

other than the franchise of being a corporation.

 

708.920. (a) The court may, in its discretion, order a franchise

applied to the satisfaction of a money judgment upon application by

the judgment creditor made on noticed motion. The notice of motion

shall be served on the judgment debtor and the public entity that

granted the franchise. Service shall be made personally or by mail.

In exercising its discretion, the court shall determine whether

application of the franchise to the satisfaction of the judgment is

proper taking into account all the circumstances of the case,

including but not limited to the nature of the franchise, whether the

franchise is by its terms transferable, and the likelihood that

application of the franchise to the satisfaction of the judgment

will yield a substantial amount.

(b) If the court orders application of the franchise to the

satisfaction of the judgment, application shall be by such means as

appears proper to the court, including but not limited to sale of the

franchise, assignment of the franchise or proceeds of the franchise,

or appointment of a receiver. The court may include in its order,

or make additional orders containing, provisions to effectuate the

application of the franchise to the satisfaction of the judgment,

including but not limited to provisions relating to the place of sale

of the franchise, possession of the property of the judgment debtor

necessary for the exercise of the franchise, receipt of proceeds of

the franchise, recovery of penalties imposed by law and recoverable

for injury to the franchise or for damages or other cause, and the

judgment debtor's powers, duties, and liability for penalties and

forfeitures.

 

 

708.930. Notwithstanding any other provision of this article, an

order for application of a franchise to the satisfaction of a money

judgment is subject to all applicable laws governing sale, transfer,

or other actions concerning the franchise, including but not limited

to any necessary approvals by the Public Utilities Commission or

local public entities and compliance with statutory or administrative

regulations.

 

709.010. (a) As used in this section, "trust" has the meaning

provided in Section 82 of the Probate Code.

(b) The judgment debtor's interest as a beneficiary of a trust is

subject to enforcement of a money judgment only upon petition under

this section by a judgment creditor to a court having jurisdiction

over administration of the trust as prescribed in Part 5 (commencing

with Section 17000) of Division 9 of the Probate Code. The judgment

debtor's interest in the trust may be applied to the satisfaction of

the money judgment by such means as the court, in its discretion,

determines are proper, including but not limited to imposition of a

lien on or sale of the judgment debtor's interest, collection of

trust income, and liquidation and transfer of trust property by the

trustee.

(c) Nothing in this section affects the limitations on the

enforcement of a money judgment against the judgment debtor's

interest in a trust under Chapter 2 (commencing with Section 15300)

of Part 2 of Division 9 of the Probate Code, and the provisions of

this section are subject to the limitations of that chapter.

 

709.020. The judgment creditor may apply to the court on noticed

motion for an order applying to the satisfaction of a money judgment

a contingent remainder, executory interest, or other interest of the

judgment debtor in property that is not vested in the judgment

debtor. The interest of the judgment debtor may be applied to the

satisfaction of the money judgment by such means as the court, in its

discretion, determines are proper to protect the interests of both

the judgment debtor and judgment creditor, including but not limited

to the imposition of a lien on or the sale of the judgment debtor's

interest.

 

 

709.030. Property in a guardianship or conservatorship estate is

not subject to enforcement of a money judgment by a procedure

provided in this division, but the judgment creditor may apply to the

court in which the guardianship or conservatorship proceeding is

pending under Division 4 (commencing with Section 1400) of the

Probate Code for an order requiring payment of the judgment.

 

712.010. After entry of a judgment for possession or sale of

property, a writ of possession or sale shall be issued by the clerk

of the court upon application of the judgment creditor and shall be

directed to the levying officer in the county where the judgment is

to be enforced. The application shall include a declaration under

penalty of perjury stating the daily rental value of the property as

of the date the complaint for unlawful detainer was filed. A

separate writ shall be issued for each county where the judgment is

to be enforced. Writs may be issued successively until the judgment

is satisfied, except that a new writ may not be issued for a county

until the expiration of 180 days after the issuance of a prior writ

for that county unless the prior writ is first returned.

 

712.020. A writ of possession or sale issued pursuant to this

division shall require the levying officer to whom it is directed to

enforce the judgment and shall include the following information:

(a) The date of issuance of the writ.

(b) The title of the court where the judgment for possession or

sale is entered and the cause and number of the action.

(c) The name and address of the creditor and the name and last

known address of the judgment debtor.

(d) The date the judgment was entered, and the date of any

subsequent renewals, and where entered in the records of the court.

(e) If the judgment for possession or sale includes a money

judgment, the amount required to satisfy the money judgment on the

date the writ is issued and the amount of interest accruing daily on

the principal amount of the judgment from the date the writ is issued

may be included on the writ at the option of the creditor.

(f) Whether any person has requested notice of sale under the

judgment and, if so, the name and address of such person.

(g) Any other information required to be included in the

particular writ.

 

712.030. (a) Upon delivery of the writ of possession or sale to the

levying officer to whom the writ is directed, together with the

written instructions of the judgment creditor, the levying officer

shall execute the writ in the manner prescribed by law.

(b) The levying officer may not levy upon or otherwise seize

property under the writ after the expiration of 180 days from the

date the writ was issued.

 

712.040. (a) A writ of possession or sale may be enforced as a writ

of execution to satisfy any money judgment included in the judgment

for possession or sale. If amounts due under the judgment are not

satisfied pursuant to the writ of possession or sale, the judgment

creditor may use a writ of execution to satisfy any money judgment

included in the judgment after the writ of possession or sale has

been returned or 180 days after its issuance, whichever is earlier.

If the judgment creditor does not desire issuance of a writ of

possession or sale (because possession has been voluntarily

surrendered, the secured obligation has been voluntarily satisfied,

or other reason), a writ of execution may be issued to satisfy any

money judgment included in the judgment.

(b) Whether or not a writ of possession or sale has been issued,

enforced, or returned, the judgment creditor may use any available

remedies provided by Chapter 5 (commencing with Section 706.010) or

Chapter 6 (commencing with Section 708. 010) of Division 2 to

satisfy any money judgment included in the judgment.

(c) Notwithstanding subdivisions (a) and (b), if so ordered in a

judgment for sale, a money judgment included in the judgment may only

be enforced as ordered by the court.

712.050. The return of a writ of possession or sale is governed by

Section 699.560 (return of writ of execution).

 

712.060. The court may appoint a receiver pursuant to Article 7

(commencing with Section 708.610) of Chapter 6 of Division 2 to

enforce a judgment for possession or sale of property.

 

712.070. Except as provided in Section 695.050, a judgment against

a public entity is enforceable under this division.

 

 

714.010. (a) A judgment for possession of personal property may be

enforced by a writ of possession of personal property issued pursuant

to Section 712.010.

(b) In addition to the information required by Section 712.020,

the writ of possession of personal property shall contain the

following:

(1) A description of the property to be delivered to the judgment

creditor in satisfaction of the judgment.

(2) The value of the property if specified in the judgment or a

supplemental order.

 

714.020. (a) To execute the writ of possession of personal

property, the levying officer shall search for the property specified

in the writ and, if the property is in the possession of the

judgment debtor or an agent of the judgment debtor, take custody of

the property in the same manner as a levy under a writ of execution

on such property in the possession of the judgment debtor. Custody

of personal property used as a dwelling shall be taken as provided

by Section 700.080. Custody of property in a private place shall be

taken as provided by Section 699.030. If the levying officer obtains

possession of the property specified in the writ of possession, the

levying officer shall deliver the property to the judgment creditor

in satisfaction of the judgment.

(b) If the property specified in the writ of possession cannot be

taken into custody, the levying officer shall make a demand upon the

judgment debtor for the property if the judgment debtor can be

located. If custody of the property is not then obtained, the

levying officer shall so state in the return. Thereafter the

judgment for the possession of the property may be enforced in the

same manner as a money judgment for the value of the property as

specified in the judgment or a supplemental order.

(c) The writ of possession of personal property may, under the

circumstances described in subdivision (b), be treated as a writ of

execution.

 

 

714.030. (a) After entry of a judgment for possession of personal

property, and whether or not a writ of possession of personal

property has been issued, the judgment creditor may apply to the

court for an order directing the judgment debtor to transfer

possession of the property or documentary evidence of title to the

property or both to the judgment creditor. The application shall be

made on noticed motion if the court so directs or a court rule so

requires. Otherwise, the application may be made ex parte.

(b) The court may issue an order pursuant to this section upon a

showing of need for the order.

(c) The order shall be personally served on the judgment debtor

and shall contain a notice to the judgment debtor that failure to

comply with the order may subject the judgment debtor to being held

in contempt of court.

 

715.010. (a) A judgment for possession of real property may be

enforced by a writ of possession of real property issued pursuant to

Section 712.010. The application for the writ shall provide a place

to indicate that the writ applies to all tenants, subtenants, if any,

name of claimants, if any, and any other occupants of the premises.

 

(b) In addition to the information required by Section 712.020,

the writ of possession of real property shall contain the following:

 

(1) A description of the real property, possession of which is to

be delivered to the judgment creditor in satisfaction of the

judgment.

(2) A statement that if the real property is not vacated within

five days from the date of service of a copy of the writ on the

occupant or, if the copy of the writ is posted, within five days from

the date a copy of the writ is served on the judgment debtor, the

levying officer will remove the occupants from the real property and

place the judgment creditor in possession.

(3) A statement that any personal property, except a mobilehome,

remaining on the real property after the judgment creditor has been

placed in possession will be sold or otherwise disposed of in

accordance with Section 1174 unless the judgment debtor or other

owner pays the judgment creditor the reasonable cost of storage and

takes possession of the personal property not later than 15 days

after the time the judgment creditor takes possession of the real

property.

(4) The date the complaint was filed in the action that resulted

in the judgment of possession.

(5) The date or dates on which the court will hear objections to

enforcement of a judgment of possession that are filed pursuant to

Section 1174.3, unless a summons, complaint, and prejudgment claim of

right to possession were served upon the occupants in accordance

with Section 415.46.

(6) The daily rental value of the property as of the date the

complaint for unlawful detainer was filed unless a summons,

complaint, and prejudgment claim of right of possession were served

upon the occupants in accordance with Section 415.46.

(7) If a summons, complaint, and prejudgment claim of right to

possession were served upon the occupants in accordance with Section

415.46, a statement that the writ applies to all tenants, subtenants,

if any, named claimants, if any, and any other occupants of the

premises.

(c) At the time the writ of possession is served or posted, the

levying officer shall also serve or post a copy of the form for a

claim of right to possession, unless a summons, complaint, and

prejudgment claim of right to possession were served upon the

occupants in accordance with Section 415.46.

 

715.020. To execute the writ of possession of real property:

(a) The levying officer shall serve a copy of the writ of

possession on one occupant of the property. Service on the occupant

shall be made by leaving the copy of the writ with the occupant

personally or, in the occupant's absence, with a person of suitable

age and discretion found upon the property when service is attempted

who is either an employee or agent of the occupant or a member of the

occupant's household.

(b) If unable to serve an occupant described in subdivision (a) at

the time service is attempted, the levying officer shall execute the

writ of possession by posting a copy of the writ in a conspicuous

place on the property and serving a copy of the writ of possession on

the judgment debtor. Service shall be made personally or by mail.

If the judgment debtor's address is not known, the copy of the writ

may be served by mailing it to the address of the property.

(c) If the judgment debtor, members of the judgment debtor's

household, and any other occupants holding under the judgment debtor

do not vacate the property within five days from the date of service

on an occupant pursuant to subdivision (a) or on the judgment debtor

pursuant to subdivision (b), the levying officer shall remove the

occupants from the property and place the judgment creditor in

possession. The provisions of Section 684.120 extending time do not

apply to the five-day period specified in this subdivision.

(d) Notwithstanding subdivision (c), unless the person is named in

the writ, the levying officer may not remove any person from the

property who claims a right to possession of the property accruing

prior to the commencement of the unlawful detainer action or who

claims to have been in possession of the property on the date of the

filing of the unlawful detainer action. However, if the summons,

complaint, and prejudgment claim of right to possession were served

upon the occupants in accordance with Section 415.46, no occupant of

the premises, whether or not the occupant is named in the judgment

for possession, may object to the enforcement of the judgment as

prescribed in Section 1174.3.

 

715.030. The disposition of personal property remaining on the real

property after the judgment creditor is placed in possession thereof

pursuant to the writ of possession is governed by subdivisions (e)

to (m), inclusive, of Section 1174. For this purpose, references in

Section 1174 and in provisions incorporated by reference in Section

1174 to the "landlord" shall be deemed to be references to the

judgment creditor and references to the "tenant" shall be deemed to

be references to the judgment debtor or other occupant.

 

715.040. (a) A registered process server may execute the writ of

possession of real property as provided in subdivisions (a) and (b)

of Section 715.020 if a proper writ of possession is delivered to the

sheriff or marshal and that officer does not execute the writ as

provided in subdivisions (a) and (b) of Section 715.020 within three

days (Saturday, Sunday, and legal holidays excluded) from the day the

writ is delivered to that officer. If the writ is not executed

within that time, the levying officer shall upon request give the

writ to the judgment creditor or to a registered process server

designated by the judgment creditor.

(b) Within five days after executing the writ under this section,

all of the following shall be filed with the levying officer:

(1) The writ of possession of real property.

(2) An affidavit of the registered process server stating the

manner in which the writ was executed.

(3) Proof of service of the writ.

(4) Instructions in writing, as required by the provisions of

Section 687.010.

(c) If the writ is executed by a registered process server, the

levying officer shall perform all other duties under the writ and

shall return the writ to the court.

(d) The fee for services of a registered process server under this

section may, in the court's discretion, be allowed as a recoverable

cost upon a motion pursuant to Section 685.080. If allowed, the

amount of the fee to be allowed is governed by Section 1033.5.

 

715.050. Except with respect to enforcement of a judgment for

money, a writ of possession issued pursuant to a judgment for

possession in an unlawful detainer action shall be enforced pursuant

to this chapter without delay, notwithstanding receipt of notice of

the filing by the defendant of a bankruptcy proceeding.

This section does not apply to a writ of possession issued for

possession of a mobilehome or manufactured home, as those terms are

defined in subdivision (a) of Section 1161a, and does not apply to a

writ of possession issued for possession of real property in a

mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5

(commencing with Section 798) of Title 2 of Part 2 of Division 2 of

the Civil Code), or to a manufactured housing community, as defined

in Section 18801 of the Health and Safety Code.

 

 

716.010. (a) A judgment for sale of real or personal property may

be enforced by a writ of sale issued pursuant to Section 712.010.

(b) In addition to the information required by Section 712.020,

the writ of sale shall contain a description of the property to be

sold in satisfaction of the judgment for sale.

(c) The writ of sale delivered to the levying officer shall be

accompanied by a certified copy of the judgment for sale.

 

716.020. To execute the writ of sale, the levying officer shall:

(a) Levy upon the property described in the writ of sale in the

manner prescribed by Article 4 (commencing with Section 700.010) of

Chapter 3 of Division 2 for levy under a writ of execution.

(b) Except as otherwise ordered by the court, give notice of sale

and sell the property described in the writ of sale in the manner

prescribed by Article 6 (commencing with Section 701.510) of Chapter

3 of Division 2 for giving notice and selling under a writ of

execution.

(c) Apply the proceeds of the sale of the property in conformity

with the judgment for sale.

 

716.030. (a) If a writ of sale is issued, the judgment creditor may

apply to the court ex parte, or on noticed motion if the court so

directs or a court rule so requires, for an order directing the

judgment debtor to transfer to the levying officer:

(1) Possession of the property to be sold if the prescribed method

of levy is by taking the property into custody.

(2) Possession of any documentary evidence of title to property to

be sold. An order pursuant to this paragraph may be served when the

property is levied upon or thereafter.

(b) The court may issue an order pursuant to this section upon a

showing of need for the order.

(c) The order shall be personally served on the judgment debtor

and shall contain a notice to the judgment debtor that failure to

comply with the order may subject the judgment debtor to being held

in contempt of court.

 

717.010. A judgment not otherwise enforceable pursuant to this

title may be enforced by personally serving a certified copy of the

judgment on the person required to obey it and invoking the power of

the court to punish for contempt.

 

720.010. Unless the provision or context otherwise requires, the

definitions in this chapter govern the construction of this division.

 

720.020. "Creditor" means the judgment creditor or, in the case of

a levy under a writ of attachment or prejudgment writ of possession

of personal property, the plaintiff.

 

720.030. "Debtor" means the judgment debtor or, in the case of a

levy under a writ of attachment or prejudgment writ of possession of

personal property, the defendant.

 

720.110. A third person claiming ownership or the right to

possession of property may make a third-party claim under this

chapter in any of the following cases if the interest claimed is

superior to the creditor's lien on the property:

(a) Where real property has been levied upon under a writ of

attachment or a writ of execution.

(b) Where personal property has been levied upon under a writ of

attachment, a writ of execution, a prejudgment or postjudgment writ

of possession, or a writ of sale.

 

720.120. A person making a third-party claim under this chapter

shall file the claim with the levying officer, together with two

copies of the claim, after levy on the property but before the

levying officer does any of the following:

(a) Sells the property.

(b) Delivers possession of the property to the creditor.

(c) Pays proceeds of collection to the creditor.

 

720.130. (a) The third-party claim shall be executed under oath and

shall contain all of the following:

(1) The name of the third person and an address in this state

where service by mail may be made on the third person.

(2) A description of the property in which an interest is claimed.

 

(3) A description of the interest claimed, including a statement

of the facts upon which the claim is based.

(4) An estimate of the market value of the interest claimed.

(b) A copy of any writing upon which the claim is based shall be

attached to the third-party claim. At a hearing on the third-party

claim, the court in its discretion may exclude from evidence any

writing a copy of which was not attached to the third-party claim.

 

720.140. (a) Not later than five days after the third-party claim

is filed with the levying officer, the levying officer shall serve

the following personally or by mail on the creditor:

(1) A copy of the third-party claim.

(2) A statement whether the third person has filed an undertaking

to release the property pursuant to Chapter 6 (commencing with

Section 720.610).

(3) If the third person has filed an undertaking to release the

property, a notice that the property will be released unless, within

the time allowed as specified in the notice, the creditor objects to

the undertaking.

(4) If the third person has not filed an undertaking to release

the property, a notice that the property will be released unless,

within the time allowed as specified in the notice, the creditor

files with the levying officer an undertaking that satisfies the

requirements of Section 720.160.

(b) The time allowed the creditor for objecting to the third

person's undertaking to release the property or for filing an

undertaking is 10 days after service under subdivision (a).

(c) Within the time allowed for service on the creditor under

subdivision (a), the levying officer shall serve a copy of the papers

specified in subdivision (a) on the debtor. Service shall be made

personally or by mail.

(d) The levying officer may serve the copy of the third-party

claim and the statement and notice pursuant to this section

notwithstanding any defect, informality, or insufficiency of the

claim.

 

 

720.150. (a) Except as otherwise provided by statute, if a

third-party claim is timely filed, the levying officer may not do

any of the following with respect to the property in which an

interest is claimed:

(1) Sell the property.

(2) Deliver possession of the property to the creditor.

(3) Pay proceeds of collection to the creditor.

(b) The interest of the third person in the property levied upon

is not affected by the third person's failure to file a third-party

claim under this chapter.

 

720.160. (a) If the creditor files with the levying officer an

undertaking that satisfies the requirements of this section within

the time allowed under subdivision (b) of Section 720.140:

(1) The levying officer shall execute the writ in the manner

provided by law unless the third person files an undertaking to

release the property pursuant to Chapter 6 (commencing with Section

720.610).

(2) After sale, payment, or delivery of the property pursuant to

the writ, the property is free of all claims of the third person for

which the creditor has given the undertaking.

(b) Subject to Sections 720.770 and 996.010, unless the creditor

elects to file an undertaking in a larger amount, the amount of the

undertaking filed by the creditor under this section shall be in the

amount of ten thousand dollars ($10,000), or twice the amount of the

execution lien as of the date of levy or other enforcement lien as of

the date it was created, whichever is the lesser amount.

(c) An undertaking given by the creditor under this chapter shall:

 

(1) Be made in favor of the third person.

(2) Indemnify the third person against any loss, liability,

damages, costs, and attorney's fees, incurred by reason of the

enforcement proceedings.

(3) Be conditioned on a final judgment that the third person owns

or has the right of possession of the property.

(d) If the creditor is a public entity exempt from giving an

undertaking, the public entity shall, in lieu of filing the

undertaking, file with the levying officer a notice stating that the

public entity opposes the claim of the third person. When so filed,

the notice is deemed to satisfy the requirement of this section that

an undertaking be filed.

 

720.170. (a) In a case where the third person has not filed with

the levying officer an undertaking to release the property pursuant

to Chapter 6 (commencing with Section 720.610), if the creditor does

not within the time allowed under subdivision (b) of Section 720.140

file with the levying officer an undertaking (or file a notice if the

creditor is a public entity) that satisfies the requirements of

Section 720.160, the levying officer shall release the property

unless it is to be held under another lien or unless otherwise

ordered by the court.

(b) Except as otherwise provided in this section, release is

governed by Section 699.060.

(c) If personal property that has been taken into custody is to be

released to the debtor pursuant to Section 699.060 and the debtor

has not claimed the property within 10 days after notice was served

pursuant to Section 699.060, the levying officer shall release the

property to the third person making the claim.

(d) A hearing may be had on the third-party claim pursuant to

Chapter 4 (commencing with Section 720.310) notwithstanding the

release of the property pursuant to this section.

 

720.210. (a) Where personal property has been levied upon under a

writ of attachment, a writ of execution, a prejudgment or

postjudgment writ of possession, or a writ of sale, a third person

claiming a security interest in or lien on the personal property may

make a third-party claim under this chapter if the security interest

or lien claimed is superior to the creditor's lien on the property.

(b) A secured party claiming a security interest in fixtures may

make a third-party claim pursuant to this chapter if the security

interest claimed is superior to the creditor's lien on the property.

For this purpose, references in this division to "personal property"

shall be deemed references to fixtures.

 

 

720.220. A person making a third-party claim under this chapter

shall file the claim with the levying officer, together with two

copies of the claim, after levy on the personal property but before

the levying officer does any of the following:

(a) Sells the property.

(b) Delivers possession of the property to the creditor.

(c) Pays proceeds of collection to the creditor.

 

720.230. (a) The third-party claim shall be executed under oath and

shall contain all of the following:

(1) The name of the secured party or lienholder and an address in

this state where service by mail may be made on the secured party or

lienholder.

(2) A description of the personal property in which a security

interest or lien is claimed.

(3) A detailed description of the security interest or lien

claimed, including a statement of the facts upon which it is based.

(4) A statement of the total amount of sums due or to accrue under

the security interest or lien and the applicable rate of interest on

amounts due.

(b) In the case of a security interest, a copy of the security

agreement and any financing statement shall be attached to the

third-party claim. In the case of a lien, a copy of any writing upon

which the claim is based shall be attached to the third-party claim.

At a hearing on the third-party claim, the court in its discretion

may exclude from evidence any writing a copy of which was not

attached to the third-party claim.

 

720.240. (a) Not later than five days after the third-party claim

is filed with the levying officer, the levying officer shall serve

the following personally or by mail on the creditor:

(1) A copy of the third-party claim.

(2) A statement whether the third person has filed an undertaking

to release the property pursuant to Chapter 6 (commencing with

Section 720.610).

(3) If the third person has filed an undertaking to release the

property, a notice that the property will be released unless, within

the time allowed as specified in the notice, the creditor objects to

the undertaking.

(4) If the third person has not filed an undertaking to release

the property, a notice that the property will be released unless,

within the time allowed as specified in the notice, the creditor does

one of the following:

(A) Files with the levying officer an undertaking that satisfies

the requirements of Section 720.260 and a statement under Section

720.280.

(B) Deposits with the levying officer the amount claimed plus

interest at the applicable rate to the estimated date of tender to

the secured party or lienholder.

(b) The time allowed the creditor for objecting to the third

person's undertaking to release the property or for filing an

undertaking and statement or making a deposit pursuant to subdivision

(a) is 10 days after service under subdivision (a).

(c) Within the time allowed for service on the creditor under

subdivision (a), the levying officer shall serve a copy of the papers

specified in subdivision (a) on the debtor. Service shall be made

personally or by mail.

(d) The levying officer may serve the copy of the third-party

claim and the statement and notice pursuant to this section

notwithstanding any defect, informality, or insufficiency of the

claim.

 

 

720.250. (a) Except as otherwise provided by statute, if a

third-party claim is timely filed, the levying officer may not do any

of the following with respect to the personal property in which the

security interest or lien is claimed:

(1) Sell the property.

(2) Deliver possession of the property to the creditor.

(3) Pay proceeds of collection to the creditor.

(b) The interest of a secured party or lienholder in the property

levied upon is not affected by the failure of the secured party or

lienholder to file a third-party claim under this chapter.

 

 

720.260. (a) If the creditor within the time allowed under

subdivision (b) of Section 720.240 either files with the levying

officer an undertaking that satisfies the requirements of this

section and a statement that satisfies the requirements of Section

720.280 or makes a deposit with the levying officer of the amount

claimed under Section 720.230:

(1) The levying officer shall execute the writ in the manner

provided by law unless, in a case where the creditor has filed an

undertaking, the secured party or lienholder files an undertaking to

release the property pursuant to Chapter 6 (commencing with Section

720.610).

(2) After sale, payment, or delivery of the property pursuant to

the writ, the property is free of all claims or liens of the secured

party or lienholder for which the creditor has given the undertaking

or made the deposit.

(b) Subject to Sections 720.770 and 996.010, unless the creditor

elects to file an undertaking in a larger amount, the amount of the

undertaking filed by the creditor under this section shall be in the

amount of ten thousand dollars ($10,000) or twice the amount of the

execution lien as of the date of levy or other enforcement lien as of

the date it was created, whichever is the lesser amount.

(c) An undertaking given by the creditor under this chapter shall:

 

(1) Be made in favor of the secured party or lienholder.

(2) Indemnify the secured party or lienholder against any loss,

liability, damages, costs, and attorney's fees, incurred by reason of

the enforcement proceedings.

(3) Be conditioned on a final judgment that the security interest

or lien of the third person is entitled to priority over the creditor'

s lien.

(d) If the creditor is a public entity exempt from giving an

undertaking, the public entity shall, in lieu of filing the

undertaking, file with the levying officer a notice stating that the

public entity opposes the claim of the third person. When so filed,

the notice is deemed to satisfy the requirement of this section that

an undertaking be filed.

 

 

720.270. (a) In a case where the third person has not filed with

the levying officer an undertaking to release the property pursuant

to Chapter 6 (commencing with Section 720.610), if the creditor does

not within the time allowed under subdivision (b) of Section 720.240

file with the levying officer an undertaking (or file a notice if

the creditor is a public entity) that satisfies the requirements of

Section 720.260 and a statement under Section 720.280, or deposit

with the levying officer the amount claimed under Section 720.230,

the levying officer shall release the personal property unless it is

to be held under another lien or unless otherwise ordered by the

court.

(b) Except as otherwise provided in this section, release is

governed by Section 699.060.

(c) If property that has been taken into custody is to be released

to the debtor pursuant to Section 699.060 and the debtor has not

claimed the property within 10 days after notice was served pursuant

to Section 699.060, the levying officer shall release the property to

the secured party or lienholder making the claim.

(d) A hearing may be had on the third-party claim pursuant to

Chapter 4 (commencing with Section 720.310) notwithstanding the

release of the property pursuant to this section.

 

 

720.280. At the time the creditor files an undertaking with the

levying officer in response to a third-party claim by a secured

party, the creditor shall do all of the following:

(a) File with the levying officer a statement executed under oath

that the security interest is invalid, that the security interest is

not entitled to priority over the creditor's lien, or that the amount

demanded in the claim exceeds the amount to which the secured party

is entitled, for the reasons specified therein.

(b) Serve a copy of the statement on the secured party. Service

shall be made personally or by mail.

(c) Serve a copy of the statement on the debtor. Service shall be

made personally or by mail.

 

 

720.290. (a) If the levying officer receives a sufficient deposit

from the creditor, the levying officer shall promptly tender or pay

the deposit to the secured party or lienholder who made the

third-party claim except that, if the deposit is made by personal

check, the levying officer is allowed a reasonable time for the check

to clear.

(b) If the tender is accepted, the interest of the secured party

or lienholder in the property for which deposit is made passes to the

creditor making the deposit and, on distribution of any proceeds

under Section 701.810, the creditor who makes the deposit shall be

entitled to the proceeds to the extent of the deposit in the priority

of the interest for which the deposit is made.

(c) If the tender is refused, the amount of the deposit shall be

deposited with the county treasurer payable to the order of the

secured party or lienholder.

 

720.310. (a) Not later than 15 days after the third-party claim is

filed with the levying officer pursuant to Section 720.120 or

720.220, or 15 days after filing an undertaking pursuant to Section

720.610, either the creditor or the third person may petition the

court for a hearing to determine the validity of the third-party

claim and the proper disposition of the property that is the subject

of the claim.

(b) The hearing may be held whether or not an undertaking has been

filed but not if a deposit has been made pursuant to Section

720.260.

(c) The hearing shall be held within 20 days after the filing of

the petition unless continued by the court for good cause shown.

 

720.320. (a) At the time prescribed in subdivision (b) of Section

1005, the petitioner shall do both of the following:

(1) Serve notice of the time and place of the hearing on the

creditor or the third person (whichever person is not the petitioner)

and on the debtor. Service shall be made personally or by mail.

(2) File a copy of the notice of hearing with the levying officer.

 

(b) The notice of the hearing shall include a statement that the

purpose of the hearing is to determine the validity of the

third-party claim and the proper disposition of the property that is

the subject of the third-party claim.

 

 

720.330. Promptly after receipt of the notice of the hearing on the

third-party claim, the levying officer shall file the following

papers with the court:

(a) The third-party claim that was filed with the levying officer

pursuant to Section 720.120 or 720.220.

(b) Any statement filed by the creditor with the levying officer

pursuant to Section 720.280 in opposition to the third-party claim of

a secured party.

(c) Any undertaking of the creditor filed with the levying officer

pursuant to Section 720.160 or Section 720.260.

(d) Any undertaking to release filed by a third person pursuant to

Chapter 6 (commencing with section 720.610).

(e) Any notice filed by a public entity pursuant to Section

720.160 or 720.260.

 

720.340. If the creditor has not filed a statement with the levying

officer pursuant to Section 720.280 in opposition to a third-party

claim by a secured party:

(a) In a case where the creditor petitions for a hearing on the

third-party claim, the creditor shall file the statement with the

court at the time the petition is filed and shall serve a copy

thereof on the secured party with notice of the hearing served

pursuant to Section 720.320.

(b) In a case where the secured party has petitioned for a hearing

on the third-party claim, the creditor shall file the statement with

the court and serve a copy of the statement on the secured party not

later than five days before the date set for the hearing. Service

shall be made personally or by mail.

 

720.350. (a) Subject to the power of the court to permit an

amendment in the interest of justice:

(1) The third-party claim constitutes the pleading of the third

person.

(2) In the case of a third-party claim by a secured party, the

creditor's statement constitutes the pleading of the creditor.

(b) A third-party claim of ownership, right to possession, or a

lien, shall be deemed controverted by the creditor.

 

720.360. At a hearing on a third-party claim, the third person has

the burden of proof.

 

720.370. If the petition for a hearing was made by the third

person, neither the petition nor the proceedings pursuant thereto

may be dismissed without the consent of the creditor. If the

petition for a hearing was made by the creditor, neither the petition

nor the proceedings pursuant thereto may be dismissed without the

consent of the third person.

 

720.380. (a) Notwithstanding any other provision of this title, the

court may make an order staying the sale of the property under a

writ or enjoining any transfer or other disposition of the property

levied upon under a writ until proceedings for the determination of

the rights of a third person can be commenced and prosecuted to

termination and may require such undertaking as it considers

necessary as a condition for making the order.

(b) After the filing of a third-party claim, notwithstanding

Sections 720.160 and 720.260, the creditor, the debtor, or the third

person may apply to the court for an order staying the sale of the

property under a writ or enjoining any transfer or other disposition

of the property until proceedings under this article can be commenced

and prosecuted to termination. The application shall be made on

noticed motion if the court so directs or a court rule otherwise so

requires. Otherwise, the application may be made ex parte.

(c) An order made pursuant to this section may be modified or

vacated by the court at any time prior to the termination of the

proceedings upon such terms as are just.

 

720.390. At the conclusion of the hearing, the court shall give

judgment determining the validity of the third-party claim and may

order the disposition of the property or its proceeds in accordance

with the respective interests of the parties. Subject to Section

720.420, the judgment is conclusive between the parties to the

proceeding.

 

720.400. No findings are required in proceedings under this

chapter.

 

 

720.410. There is no right to a jury trial in a proceeding pursuant

to this chapter.

 

720.420. An appeal may be taken from a judgment given pursuant to

Section 720.390.

 

720.430. If property has been released pursuant to Section 720.170,

720.270, or 720.660, it may be levied upon or otherwise sought to

be applied to the satisfaction of the judgment only if it is

determined in the hearing on the third-party claim that the debtor

has an interest in the property that may be levied upon or otherwise

applied to the satisfaction of the judgment.

 

720.510. A creditor may make a demand as provided in this chapter

that a secured party or lienholder file a third-party claim to

personal property that has been levied upon under a writ of

attachment or a writ of execution.

 

720.520. (a) The creditor's demand for a third-party claim by the

secured party or lienholder, together with a copy of the demand,

shall be filed with the levying officer after levy on the personal

property but before the levying officer sells the property or pays

proceeds of collection to the creditor.

(b) Promptly after the demand and a copy thereof are filed, the

levying officer shall personally serve the demand on the secured

party or lienholder. Service of the demand on the secured party or

lienholder shall be attested by the certificate of the levying

officer and the certificate shall be filed in the action promptly

after service.

(c) The demand shall be served by the levying officer who levied

on the property or by any other levying officer whose office is

closer to the place of service. If service is made by another

levying officer, such levying officer's costs shall be paid out of

the costs prepaid to the levying officer who levied on the property.

 

 

720.530. The demand for a third-party claim served on a secured

party or lienholder shall contain all of the following:

(a) The name and address of the secured party or lienholder.

(b) The name and address of the creditor.

(c) A detailed description of the personal property levied upon

and the date of levy.

(d) A statement that if the secured party or lienholder does not

file a third-party claim pursuant to Chapter 3 (commencing with

Section 720.210) within 30 days after service of the demand, the

secured party or lienholder shall be deemed to have waived any

priority the security interest or lien may have over the creditor's

lien on the property levied upon unless the property levied upon is

released from the creditor's lien.

(e) A statement that if any priority of the security interest or

lien is waived, the secured party or lienholder may have a right to

share in any excess proceeds of an execution sale of the property as

provided in Section 701.810.

 

720.540. Except as otherwise provided by statute, the levying

officer may not release, sell, or otherwise dispose of the personal

property described in the demand before the expiration of 30 days

after service of the demand on the secured party or lienholder.

 

 

720.550. (a) If the secured party or lienholder does not file a

third-party claim with the levying officer pursuant to Chapter 3

(commencing with Section 720. 210) within 30 days after service of

the demand, the secured party or lienholder shall be deemed to have

waived any priority the security interest or lien may have over the

creditor's lien on the personal property levied upon and the property

may be applied toward the satisfaction of the judgment free of the

security interest or lien.

(b) If the secured party or lienholder is deemed to have waived

any priority over the creditor's lien pursuant to subdivision (a) and

the creditor's lien on the personal property is released, the

security interest or lien is restored to its former position of

priority.

 

720.610. A third person may give an undertaking to release property

pursuant to this chapter in the following cases:

(a) Where the third person claims ownership or the right to

possession of real property that has been levied upon under a writ of

attachment or a writ of execution.

(b) Where the third person claims ownership or the right to

possession of personal property that has been levied upon under a

writ of attachment, a writ of execution, or a writ of sale.

(c) Where the third person claims a security interest in or a lien

on personal property that has been levied upon under a writ of

attachment, a writ of execution, or a writ of sale.

 

720.620. The third person shall file the undertaking to release

property with the levying officer, together with two copies of the

undertaking:

(a) At the time the third person files a third-party claim

pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3

(commencing with Section 720.210).

(b) If the third person has previously filed a third-party claim

to the property, at any time before the levying officer does any of

the following:

(1) Sells the property.

(2) Delivers possession of the property to the creditor.

(3) Pays proceeds of collection to the creditor.

720.630. (a) The undertaking to release property shall contain a

description of the property to be released and shall describe the

interest of the third person.

(b) The undertaking shall be made in favor of the creditor and

shall provide that, if the debtor is finally adjudged to have an

interest in the property levied upon, the third person shall pay to

the creditor the lesser of the following:

(1) The amount required to satisfy the judgment against the debtor

of the creditor who had the lien on the property.

(2) A sum equal to the market value of the debtor's interest in

the property levied upon.

(c) Except as provided in subdivision (d) and unless the third

person elects to file an undertaking in a larger amount, the amount

of the undertaking shall be the lesser of the following amounts:

(1) Twice the market value of the property sought to be released.

 

(2) Twice the amount of the creditor's lien on the property sought

to be released.

(d) If the creditor has given an undertaking in response to the

third person's claim regarding the property pursuant to Section

720.160 or 720.260, the third person's undertaking shall be in the

amount of the creditor's undertaking.

 

720.640. (a) If the undertaking to release property is filed with

the levying officer at the time the third-party claim is filed, the

levying officer shall serve a copy of the undertaking on the creditor

and on the debtor with the notice of the filing of the third-party

claim served pursuant to Section 720.140 or 720.240.

(b) If the undertaking to release property is filed with the

levying officer after the third-party claim is filed, not later than

five days after the undertaking is filed, the levying officer shall

serve a copy of the undertaking on the creditor and on the debtor

with a notice that the property will be released unless, within the

time allowed as specified in the notice, the creditor objects to the

undertaking. Service shall be made personally or by mail.

 

720.650. The third person's undertaking becomes effective when the

property described therein is released pursuant to this chapter.

 

720.660. The levying officer shall release the property described

in the third person's undertaking in the manner provided by Section

720.170 promptly after the expiration of the time allowed for

objecting to the undertaking, unless the creditor has objected to the

undertaking, and filed with the levying officer a copy of the notice

of motion as required by Section 720.760, prior to the expiration of

that time.

 

720.710. The Bond and Undertaking Law (Chapter 2 (commencing with

Section 995. 010) of Title 14) applies to a bond given pursuant to

this title, except to the extent this title prescribes a different

rule or is inconsistent.

 

 

720.760. A copy of a notice of motion objecting to an undertaking

shall be filed with the levying officer.

 

720.770. Unless the parties otherwise agree, the hearing on an

objection to an undertaking shall be held not less than 10 nor more

than 15 days after service of the notice of motion. The court may

order the amount of the undertaking decreased below the amount

prescribed by Section 720.160 or 720.260 if the court determines the

amount prescribed exceeds the probable recovery of the beneficiary if

the beneficiary ultimately prevails in proceedings to enforce the

liability on the undertaking.

 

720.800. If an undertaking has been filed with a levying officer

pursuant to this division, and the undertaking remains in the

levying officer's possession when the writ is to be returned, the

levying officer shall file the undertaking with the court at the time

the writ is returned.

 

724.010. (a) A money judgment may be satisfied by payment of the

full amount required to satisfy the judgment or by acceptance by the

judgment creditor of a lesser sum in full satisfaction of the

judgment.

(b) Where a money judgment is satisfied by levy, the obligation of

the judgment creditor to give or file an acknowledgment of

satisfaction arises only when the judgment creditor has received the

full amount required to satisfy the judgment from the levying

officer.

(c) Where a money judgment is satisfied by payment to the judgment

creditor by check or other form of noncash payment that is to be

honored upon presentation by the judgment creditor for payment, the

obligation of the judgment creditor to give or file an acknowledgment

of satisfaction of judgment arises only when the check or other form

of noncash payment has actually been honored upon presentation for

payment.

 

724.020. The court clerk shall enter satisfaction of a money

judgment in the register of actions when the following occur:

(a) A writ is returned satisfied for the full amount of a lump-sum

judgment.

(b) An acknowledgment of satisfaction of judgment is filed with

the court.

(c) The court orders entry of satisfaction of judgment.

 

724.030. When a money judgment is satisfied, the judgment creditor

immediately shall file with the court an acknowledgment of

satisfaction of judgment. This section does not apply where the

judgment is satisfied in full pursuant to a writ.

 

 

724.040. If an abstract of a money judgment has been recorded with

the recorder of any county and the judgment is satisfied, the

judgment creditor shall immediately do both of the following:

(a) File an acknowledgment of satisfaction of judgment with the

court.

(b) Serve an acknowledgment of satisfaction of judgment on the

judgment debtor. Service shall be made personally or by mail.

 

724.050. (a) If a money judgment has been satisfied, the judgment

debtor, the owner of real or personal property subject to a judgment

lien created under the judgment, or a person having a security

interest in or a lien on personal property subject to a judgment lien

created under the judgment may serve personally or by mail on the

judgment creditor a demand in writing that the judgment creditor do

one or both of the following:

(1) File an acknowledgment of satisfaction of judgment with the

court.

(2) Execute, acknowledge, and deliver an acknowledgment of

satisfaction of judgment to the person who made the demand.

(b) The demand shall include the following statement: "Important

warning. If this judgment has been satisfied, the law requires that

you comply with this demand not later than 15 days after you receive

it. If a court proceeding is necessary to compel you to comply with

this demand, you will be required to pay my reasonable attorney's

fees in the proceeding if the court determines that the judgment has

been satisfied and that you failed to comply with the demand. In

addition, if the court determines that you failed without just cause

to comply with this demand within the 15 days allowed, you will be

liable for all damages I sustain by reason of such failure and will

also forfeit one hundred dollars to me."

(c) If the judgment has been satisfied, the judgment creditor

shall comply with the demand not later than 15 days after actual

receipt of the demand.

(d) If the judgment creditor does not comply with the demand

within the time allowed, the person making the demand may apply to

the court on noticed motion for an order requiring the judgment

creditor to comply with the demand. The notice of motion shall be

served on the judgment creditor. Service shall be made personally or

by mail. If the court determines that the judgment has been

satisfied and that the judgment creditor has not complied with the

demand, the court shall either (1) order the judgment creditor to

comply with the demand or (2) order the court clerk to enter

satisfaction of the judgment.

(e) If the judgment has been satisfied and the judgment creditor

fails without just cause to comply with the demand within the time

allowed, the judgment creditor is liable to the person who made the

demand for all damages sustained by reason of such failure and shall

also forfeit one hundred dollars ($100) to such person. Liability

under this subdivision may be determined in the proceedings on the

motion pursuant to subdivision (d) or in an action.

 

724.060. (a) An acknowledgment of satisfaction of judgment shall

contain the following information:

(1) The title of the court.

(2) The cause and number of the action.

(3) The names and addresses of the judgment creditor, the judgment

debtor, and the assignee of record if any. If an abstract of the

judgment has been recorded in any county, the judgment debtor's name

shall appear on the acknowledgment of satisfaction of judgment as it

appears on the abstract of judgment.

(4) The date of entry of judgment and of any renewals of the

judgment and where entered in the records of the court.

(5) A statement either that the judgment is satisfied in full or

that the judgment creditor has accepted payment or performance other

than that specified in the judgment in full satisfaction of the

judgment.

(6) A statement whether an abstract of the judgment has been

recorded in any county and, if so, a statement of each county where

the abstract has been recorded and the book and page of the county

records where the abstract has been recorded, and a notice that the

acknowledgment of satisfaction of judgment (or a court clerk's

certificate of satisfaction of judgment) will have to be recorded

with the county recorder of each county where the abstract of

judgment has been recorded in order to release the judgment lien on

real property in that county.

(7) A statement whether a notice of judgment lien has been filed

in the office of the Secretary of State and, if such a notice has

been filed, a statement of the file number of such notice, and a

notice that the acknowledgment of satisfaction of judgment (or a

court clerk's certificate of satisfaction of judgment) will have to

be filed in that office in order to terminate the judgment lien on

personal property.

(b) The acknowledgment of satisfaction of judgment shall be made

in the manner of an acknowledgment of a conveyance of real property.

 

(c) The acknowledgment of satisfaction of judgment shall be

executed and acknowledged by one of the following:

(1) The judgment creditor.

(2) The assignee of record.

(3) The attorney for the judgment creditor or assignee of record

unless a revocation of the attorney's authority is filed.

(4) The local child support agency director or his or her

designee, if the local child support agency has been providing child

support services pursuant to Section 17400 of the Family Code. The

acknowledgment of satisfaction of judgment may be recorded by the

local child support agency pursuant to Section 27282 of the

Government Code.

 

724.070. (a) If a judgment creditor intentionally conditions

delivery of an acknowledgment of satisfaction of judgment upon the

performance of any act or the payment of an amount in excess of that

to which the judgment creditor is entitled under the judgment, the

judgment creditor is liable to the judgment debtor for all damages

sustained by reason of such action or two hundred fifty dollars

($250), whichever is the greater amount.

(b) Subdivision (a) does not apply if the judgment creditor has

agreed to deliver an acknowledgment of satisfaction of judgment to

the judgment debtor prior to full satisfaction of the judgment in

consideration for the judgment debtor's agreement either to furnish

security or to execute a promissory note, or both, the principal

amount of which does not exceed the amount to which the judgment

creditor is entitled under the judgment.

 

 

724.080. In an action or proceeding maintained pursuant to this

chapter, the court shall award reasonable attorney's fees to the

prevailing party.

 

 

724.090. The damages recoverable pursuant to this chapter are not

in derogation of any other damages or penalties to which an aggrieved

person may be entitled by law.

 

724.100. (a) If satisfaction of a judgment has been entered in the

register of actions, the court clerk shall issue a certificate of

satisfaction of judgment upon application therefor and payment of the

fee as provided in subdivision (a) of Section 70626 of the

Government Code.

(b) The certificate of satisfaction of judgment shall contain the

following information:

(1) The title of the court.

(2) The cause and number of the action.

(3) The names of the judgment creditor and the judgment debtor.

(4) The date of entry of judgment and of any renewals of the

judgment and where entered in the records of the court.

(5) The date of entry of satisfaction of judgment and where it was

entered in the register of actions.

 

 

724.110. (a) The judgment debtor or the owner of real or personal

property subject to a judgment lien created under a money judgment

may serve on the judgment creditor a demand in writing that the

judgment creditor execute, acknowledge, and deliver an acknowledgment

of partial satisfaction of judgment to the person who made the

demand. Service shall be made personally or by mail. If the

judgment has been partially satisfied, the judgment creditor shall

comply with the demand not later than 15 days after actual receipt of

the demand.

(b) If the judgment creditor does not comply with the demand

within the time allowed, the judgment debtor or the owner of the real

or personal property subject to a judgment lien created under the

judgment may apply to the court on noticed motion for an order

requiring the judgment creditor to comply with the demand. The

notice of motion shall be served on the judgment creditor. Service

shall be made personally or by mail. If the court determines that

the judgment has been partially satisfied and that the judgment

creditor has not complied with the demand, the court shall make an

order determining the amount of the partial satisfaction and may make

an order requiring the judgment creditor to comply with the demand.

 

724.120. An acknowledgment of partial satisfaction of judgment

shall be made in the same manner and by the same person as an

acknowledgment of satisfaction of judgment and shall contain the

following information:

(a) The title of the court.

(b) The cause and number of the action.

(c) The names and addresses of the judgment creditor, the judgment

debtor, and the assignee of record if any. If an abstract of the

judgment has been recorded in any county, the judgment debtor's name

shall appear on the acknowledgment of partial satisfaction of

judgment as it appears on the abstract of judgment.

(d) The date of entry of judgment and of any renewals of the

judgment and where entered in the records of the court.

(e) A statement of the amount received by the judgment creditor in

partial satisfaction of the judgment.

(f) A statement whether an abstract of judgment has been recorded

in any county and, if so, a statement of each county where the

abstract has been recorded and the book and page of the county

records where the abstract has been recorded.

(g) A statement whether a notice of judgment lien has been filed

in the office of the Secretary of State and, if so, the file number

of the notice.

 

 

724.210. As used in this chapter:

(a) "Installment judgment" means a money judgment under which a

lien may be created on an interest in real property under Section

697.320.

(b) "Matured installments" means the sum of all of the following:

 

(1) All amounts and installments that have matured under an

installment judgment on or before the date specified in the demand

for an acknowledgment of satisfaction of matured installments under

an installment judgment.

(2) The interest that has accrued on the installment judgment on

the date specified in the demand.

(3) The costs that have been added to the installment judgment on

or before the date specified in the demand pursuant to Chapter 5

(commencing with Section 685.010) of Division 1.

 

724.220. (a) If real property is subject to a judgment lien created

under an installment judgment, the judgment debtor or the owner of

real property subject to the judgment lien may serve on the judgment

creditor a demand in writing that the judgment creditor execute,

acknowledge, and deliver to the person who made the demand an

acknowledgment of satisfaction of matured installments under an

installment judgment. Service shall be made personally or by mail.

(b) The demand shall include the following statement: "Important

warning. If the matured installments on this judgment have been

satisfied as of date specified in this demand, the law requires that

you comply with this demand not later than 15 days after you receive

it. (The "matured installments' are all amounts and installments

that are due and payable on or before the date specified in this

demand together with the accrued interest to that date and costs

added to the judgment on or before that date.) If a court proceeding

is necessary to compel you to comply with this demand, you will be

required to pay my reasonable attorney's fees in the proceeding if

the court determines that the matured installments have been

satisfied and that you failed to comply with the demand. In

addition, if the court determines that you failed without just cause

to comply with this demand within the 15 days allowed, you will be

liable for all damages I sustain by reason of such failure and will

also forfeit one hundred dollars to me."

(c) If the matured installments have been satisfied as of the date

specified in the demand, the judgment creditor shall comply with the

demand not later than 15 days after actual receipt of the demand.

 

724.230. If the judgment creditor does not comply with the demand

within the time allowed, the judgment debtor or the owner of the real

property subject to a judgment lien created under the installment

judgment may apply to the court on noticed motion for an order

requiring the judgment creditor to comply with the demand. The

notice of motion shall be served on the judgment creditor. Service

shall be made personally or by mail. If the court determines that

the matured installments have been satisfied as of the date specified

in the demand and that the judgment creditor has not complied with

the demand, the court shall either (1) order the judgment creditor to

comply with the demand or (2) make an order determining that the

matured installments as of the date specified in the demand have been

satisfied.

 

724.240. (a) If the matured installments under the installment

judgment have been satisfied as of the date specified in the demand

and the judgment creditor fails without just cause to comply with the

demand within the time allowed, the judgment creditor is liable to

the person who made the demand for all damages sustained by reason of

such failure and shall also forfeit one hundred dollars ($100) to

such person. Liability under this subdivision may be determined in

the proceedings on a motion pursuant to Section 724.230 or in an

action.

(b) The damages recoverable pursuant to subdivision (a) are not in

derogation of any other damages or penalties to which an aggrieved

person may be entitled by law.

 

 

724.250. (a) An acknowledgment of satisfaction of matured

installments under an installment judgment shall be made in the same

manner and by the same person as an acknowledgment of satisfaction

of judgment and shall contain the following information:

(1) The title of the court.

(2) The cause and number of the action.

(3) The names and addresses of the judgment creditor, the judgment

debtor, and the assignee of record if any. The judgment debtor's

name shall appear on the acknowledgment of satisfaction of matured

installments as it appears on the certified copy of the judgment that

was recorded to create the judgment lien.

(4) The date of entry of the judgment and of any renewals of the

judgment and where entered in the records of the court.

(5) A statement that the matured installments under the

installment judgment had been satisfied as of a specified date.

(6) A statement whether a certified copy or abstract of the

judgment has been recorded in any county and, if so, a statement of

each county where the certified or abstract copy has been recorded

and the book and page of the county records where the certified copy

or abstract of the judgment has been recorded.

(b) If any amount of child or spousal support provided in a

support order has been directed to be made to an officer designated

by statute or by the court pursuant to Article 4 (commencing with

Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code

or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9

of the Family Code or any other provision of law and the directive is

set forth in the certified copy or abstract of the judgment that was recorded to create the judgment lien on real property, or in a similarly recorded certified copy or abstract of an amended or supplemental order, the acknowledgment of satisfaction of matured installments under the installment judgment is not effective and does not affect the judgment lien unless the acknowledgment is executed by or approved in writing by the designated officer.

 

724.260. In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney's fees to the prevailing party.

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