Code of Civil Procedure — Part 13 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 13 of 17 · provisions 2,401–2,600

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 685.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A levying officer must add qualifying costs to amounts collected under an outstanding writ or earnings withholding order, and must include those costs in amounts distributed to the judgment creditor if the required court order or clerk’s certificate is received in time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1995, Ch. 576, Sec. 3. Effective January 1, 1996.)
  2. 685.095.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    When a writ is served by a levying officer or registered process server, the service costs must be added to the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1987, Ch. 1080, Sec. 4.)
  3. 685.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor must deposit money with the levying officer before that officer performs certain duties or takes property into custody, and must pay additional demanded amounts within the stated time or the property must be released.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  4. 685.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This chapter does not change the law on prejudgment interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.110. Nothing in this chapter affects the law relating to prejudgment interest. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  5. 686.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Enforcement After Death of Judgment Creditor or Judgment Debtor [686.010 - 686.020] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    After a judgment creditor dies, the creditor’s executor, administrator, or successor in interest may enforce the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Enforcement After Death of Judgment Creditor or Judgment Debtor [686.010 - 686.020] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Repealed and added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  6. 686.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Enforcement After Death of Judgment Creditor or Judgment Debtor [686.010 - 686.020] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    After a judgment debtor dies, enforcement against property in the debtor’s estate is governed by the Probate Code rather than this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Enforcement After Death of Judgment Creditor or Judgment Debtor [686.010 - 686.020] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1989, Ch. 1416, Sec. 21.)
  7. 687.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor must give the levying officer written instructions, and those instructions must be signed by the creditor’s attorney of record or, if there is no attorney, by the creditor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 this title, including, but not limited to, all of the following: (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. (4) The name of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated. (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. (d) The levying officer instructions may be transmitted electronically to the levying officer pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1. (e) If the instructions directing the levying officer to perform a levy are accompanied by a writ of execution for money, possession, or sale of personal or real property issued by the court as an electronic record, as defined in subdivision (b) of Section 263.1, or a document printed from an electronic record issued by the court, the instructions shall also include all of the following information, as stated in the writ: (1) The date of issuance of the writ. (2) The name of each judgment creditor and judgment debtor. (3) The amount of the total judgment for money, a description of the property subject to a judgment for possession or sale, or both the amount and the description. (4) A statement indicating that the accompanying writ is either of the following: (A) An original writ, or a copy of the original writ issued by the court as an electronic record, not already in the possession of the levying officer. (B) A copy of the original writ already in possession of the levying officer. (f) Except to the extent the levying officer has actual knowledge that the information in the electronic writ has been altered, the levying officer may proceed in the same manner as if in possession of a paper version of the original writ. (Amended by Stats. 2013, Ch. 156, Sec. 1. (AB 1167) Effective January 1, 2014.)
  8. 687.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A levying officer must promptly endorse and present certain instruments for payment, and must return the instrument to the maker after a 30-day hold if the debtor does not endorse it first.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  9. 687.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A levying officer may take property into custody when the levy method requires it or the officer is directed to do so, and may do it by moving the property to safekeeping, installing a keeper, or otherwise obtaining possession or control.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  10. 687.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Levying officers and registered process servers get liability protection for covered actions, with exceptions for actual knowledge of incorrect information and negligence in handling property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1983, Ch. 155, Sec. 11. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  11. 687.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A levying officer has a special lien on levied personal property for unpaid costs, if the officer has possession.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Levying Officers [687.010 - 687.050] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  12. 688.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A proceeding under this article is treated as a limited civil case if the amount sought is within the Section 85 limit and the liability’s legality is not disputed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 688.010. A proceeding for the purpose of the remedies provided under this article is a limited civil case if (a) the amount of liability sought to be collected does not exceed the maximum amount in controversy for a limited civil case provided in Section 85, and (b) the legality of the liability being enforced is not contested by the person against whom enforcement is sought. (Amended by Stats. 2007, Ch. 43, Sec. 7. Effective January 1, 2008.)
  13. 688.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The state or a state department or agency that can properly issue a warrant may use judgment-creditor remedies, and enforcement must be brought in a proper county court tied to the debtor or the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 688.020. (a) Except as otherwise provided by statute, if 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 those 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. (4) This section shall become operative on January 1, 2014. (Repealed (in Sec. 1) and added by Stats. 2008, Ch. 552, Sec. 2. Effective January 1, 2009. Section operative January 1, 2014, by its own provisions.)
  14. 688.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section lets a natural person debtor claim the same exemptions as a judgment debtor, lets third parties claim an ownership or lien interest, and requires claims to be filed and heard through the specified state department/agency and superior court process.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 688.030. (a) If 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 superior court in the county where the property levied upon is located. (d) This section shall become operative on January 1, 2014. (Repealed (in Sec. 3) and added by Stats. 2008, Ch. 552, Sec. 4. Effective January 1, 2009. Section operative January 1, 2014, by its own provisions.)
  15. 688.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines “judgment creditor” and “judgment debtor” for this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  16. 688.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    For certain enforcement sections, the creation date of a tax lien is the earliest of three listed times.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy [688.010 - 688.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  17. 688.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Enforcement of Judgment for Taxes [688.110- 688.110.] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A tax judgment entered for a public entity is enforceable under this title like any other money judgment, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 8. Enforcement of State Tax Liability [688.010 - 688.110] ( Chapter 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Enforcement of Judgment for Taxes [688.110- 688.110.] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  18. 689.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. )

    Verify source ↗

    The superior court is given jurisdiction for the remedies provided under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. ) ## 689.010. For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court. (Added by Stats. 1996, Ch. 957, Sec. 4. Effective January 1, 1997.)
  19. 689.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. )

    Verify source ↗

    A local child support agency may use judgment-collection remedies, subject to statutory exceptions and certain warrant conditions. The proper court for enforcing those remedies is the superior court in the county where the agency is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. ) ## 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. (Amended by Stats. 2000, Ch. 808, Sec. 6. Effective September 28, 2000.)
  20. 689.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. )

    Verify source ↗

    When a local child support agency levies property to collect support, the debtor and third persons may assert claims, and those claims must follow specified filing and hearing procedures.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. ) ## 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. (Amended by Stats. 2000, Ch. 808, Sec. 7. Effective September 28, 2000.)
  21. 689.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. )

    Verify source ↗

    A local child support agency may perform levying officer duties for certain support-enforcement writs and may deliver or mail some writs to a bank’s designated central location.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. ) ## 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. (Amended by Stats. 2000, Ch. 808, Sec. 8. Effective September 28, 2000.)
  22. 689.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. )

    Verify source ↗

    This section defines “judgment creditor” and “judgment debtor” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 9. Enforcement of Support Judgments [689.010 - 689.050] ( Chapter 9 added by Stats. 1996, Ch. 957, Sec. 4. ) ## 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. (Amended by Stats. 2000, Ch. 808, Sec. 9. Effective September 28, 2000.)
  23. 690.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. )

    Verify source ↗

    The superior court is given jurisdiction for the remedies under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. ) ## 690.020. For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court. (Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.)
  24. 690.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. )

    Verify source ↗

    The Labor Commissioner may use judgment-creditor remedies, subject to other statutes and certain levy conditions. The proper court for enforcing those remedies is a superior court in one of three listed counties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. ) ## 690.030. (a) Except as otherwise provided by statute, whenever a warrant or notice of levy may properly be issued by the Labor Commissioner pursuant to Section 96.8 of the Labor Code, and the warrant may be levied with the same effect as a levy pursuant to a writ of execution, the Labor Commissioner 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 of any of the following counties: (1) The county where the employee resides. (2) The county where the judgment debtor resides. (3) The county where the person against whom the levy or warrant was issued resides. (Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.)
  25. 690.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. )

    Verify source ↗

    When the Labor Commissioner levies on property to collect an unsatisfied judgment or award, a natural-person debtor can claim the same exemptions as a judgment debtor, and a third person can claim ownership, possession, or a security interest/lien.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. ) ## 690.040. (a) Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award: (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 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner. (c) A claim of exemption or a third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision (b) of Section 690.030. (Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.)
  26. 690.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. )

    Verify source ↗

    The Labor Commissioner may carry out levying officer duties for certain judgment enforcement collections, with some notice exceptions, and may issue or send notices of levy in specified bank and account-debtor situations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 10. Enforcement of Judgments by Labor Commissioner [690.020 - 690.050] ( Chapter 10 added by Stats. 2015, Ch. 803, Sec. 1. ) ## 690.050. (a) Notwithstanding any other 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 Labor Commissioner, when collecting an unsatisfied judgment or award pursuant to Section 96.8 of the Labor Code, may perform the duties of the levying officer, except that the Labor Commissioner need not give himself or herself the notices that the levying officer is required to serve on a judgment creditor or the notices that a judgment creditor is required to give to the levying officer. (b) Notwithstanding subdivision (a) of Section 700.140 and Sections 700.150, 700.160, and 700.170, if the levy is for a deposit, credits, money, or property in the possession or under the control of a bank or savings and loan association or for an account receivable or other general intangible owed to the judgment debtor by an account debtor, the Labor Commissioner may deliver or mail a notice of levy to a centralized location designated by the bank or savings and loan association or, in the case of an account receivable or other general intangible, to the agent for service of process of the account debtor. If the notice of levy is received at the designated central location for the bank or savings and loan association, the notice of levy will apply to all deposits, credits, money, and personal property held by the bank or savings and loan association regardless of the location of that property. The notice of levy may be issued directly by the Labor Commissioner, whether or not a court has issued a writ of execution, and shall contain all of the information required to be included in a writ of execution under Section 699.520 and in a notice of levy under Section 699.540. (Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.)
  27. 694.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines “operative date” and “prior law” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  28. 694.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This title generally applies to proceedings started before its operative date, unless a court decides a specific provision would materially interfere with the proceedings or the rights of the parties or other interested persons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  29. 694.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section shifts certain older money judgments and judgments for possession or sale of property into the Chapter 3 enforcement rules, with exceptions for judgments described in Sections 683.310 and 683.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  30. 694.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says prior law applies to certain enforcement-related property and duties when the relevant levy, process, or service happened before the operative date, with one subdivision carved out.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  31. 694.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section preserves prior redemption rights for certain property sold after levy or after foreclosure/sale proceedings began before the operative date, unless the judgment creditor and debtor agree in writing to sell under this title instead.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  32. 694.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An action may be commenced under Section 708.210 within one year after the operative date if it could have been commenced under prior law the day before that date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  33. 694.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Third-party claims filed before the operative date, and demands for those claims served on a secured party before the operative date, are governed by prior law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  34. 694.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Exemptions from enforcement of a money judgment do not apply to property that was already levied on or subject to a lien before the operative date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  35. 694.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A prior-law homestead declaration remains effective only to the extent allowed by the newer Article 5 rules after the operative date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 20. Transitional Provisions [694.010 - 694.090] ( Chapter 20 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  36. 695.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Most property owned by a judgment debtor can be used to satisfy a money judgment, unless another law says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 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. (Amended by Stats. 1984, Ch. 538, Sec. 17.)
  37. 695.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Community property can be used to satisfy a money judgment, subject to the Family Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1992, Ch. 163, Sec. 33. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  38. 695.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Generally, a judgment debtor’s property that cannot be assigned or transferred is not subject to money judgment enforcement, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1986, Ch. 820, Sec. 17. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  39. 695.035.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A lessee’s real-property interest may be used to satisfy a money judgment if the lease allows voluntary assignment or subletting, the required conditions are met, or the lessor gives written consent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  40. 695.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Property that is not subject to enforcement of a money judgment cannot be levied on or used to satisfy that judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  41. 695.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A money judgment against a public entity is not enforceable under this division if it falls under certain Government Code provisions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  42. 695.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A license issued by a public entity for a business, profession, or activity is generally not subject to enforcement of a money judgment, except as provided in Section 708.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  43. 695.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A money judgment may still be enforced against property after it is transferred or encumbered if the property remains subject to the lien.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Property Subject to Enforcement of Money Judgment [695.010 - 695.070] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Amended by Stats. 1989, Ch. 1416, Sec. 22.)
  44. 695.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The amount needed to satisfy a money judgment is the judgment amount as entered or renewed, plus certain costs and accrued interest, minus partial satisfactions and any portion that is no longer enforceable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1993, Ch. 876, Sec. 9. Effective October 6, 1993.)
  45. 695.211.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Money judgments and child support orders must include a notice that interest on arrearages accrues at the legal rate, and related Judicial Council forms must include the required notice language.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 2000, Ch. 808, Sec. 10. Effective September 28, 2000.)
  46. 695.215.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Paying a money judgment generally does not waive the right to appeal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment. (Added by Stats. 2019, Ch. 48, Sec. 1. (AB 1361) Effective January 1, 2020.)
  47. 695.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Money collected on a money judgment must be credited in a set order, but support judgments are excluded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1994, Ch. 75, Sec. 1. Effective May 20, 1994.)
  48. 695.221.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Support money judgments must be credited in a specified order, and the Department of Child Support Services must distribute support collections under special rules for certain cases and time periods.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [695.010 - 695.221] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Amount to Satisfy Money Judgment [695.210 - 695.221] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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, effective September 1, 2006, all support collected shall be distributed pursuant to guidelines developed by the Department of Child Support Services. (e) Support collections received between January 1, 2009, and April 30, 2020, inclusive, shall be distributed by the Department of Child Support Services as follows: (1) 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. (2) 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: (A) The money shall first be credited against the current month’s support. (B) 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. (C) 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. (D) 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. (f) Support collections received on or after May 1, 2020, shall be distributed by the Department of Child Support Services in accordance with Section 657(a)(2)(B) of Title 42 of the United States Code, as amended by Section 7301(b)(1) of the federal Deficit Reduction Act of 2005, in such a manner as to distribute all support collections to families first to the maximum extent permitted by federal law. (Amended by Stats. 2021, Ch. 85, Sec. 1. (AB 135) Effective July 16, 2021.)
  49. 697.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A lien created under this division or under Title 6.5 (attachment) is for the amount needed to satisfy the money judgment, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  50. 697.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says a later lien can take the earlier lien’s priority date in specified lien scenarios, but it does not disturb third-party priorities or rights already established under the earlier lien’s law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  51. 697.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A lien created under this title remains effective while the judgment is enforceable, subject to specified sections and any shorter statutory period.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  52. 697.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says that when enforcement of a judgment is stayed in certain situations, existing liens under the division are extinguished and new liens generally cannot be created; some stays and court orders create exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  53. 697.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a lien under this division is extinguished, the property must be released unless another lien applies or a court orders it held pending a dispute.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  54. 697.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A U.S. court money judgment enforceable in California may be recorded or filed to create a judgment lien.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [697.010 - 697.060] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  55. 697.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment lien on real property is created by recording an abstract of a money judgment with the county recorder, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1998, Ch. 931, Sec. 90. Effective September 28, 1998.)
  56. 697.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section says a judgment lien on real property is created by recording specified documents with the county recorder.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 2002, Ch. 927, Sec. 1.5. Effective January 1, 2003.)
  57. 697.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    For certain workers’ compensation money judgments, a real property lien is created by recording either an abstract of judgment or a certified copy of the judgment, depending on whether the judgment is a lump sum or payable in installments.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  58. 697.340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment lien on real property attaches to qualifying real property interests in the county where the lien is created, subject to listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1984, Ch. 538, Sec. 18.)
  59. 697.350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section says what amount a judgment lien on real property covers, including installment judgments and liens under Section 697.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 116.620 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. (Amended by Stats. 2009, Ch. 140, Sec. 39. (AB 1164) Effective January 1, 2010.)
  60. 697.360.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A support obligee must respond promptly to certain requests, and a qualifying support obligor may receive remedies under Division 5. The section also describes how judgment liens on real property continue or extend when the underlying money judgment is modified.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1995, Ch. 583, Sec. 1. Effective January 1, 1996.)
  61. 697.370.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may release part or all of the real property subject to a judgment lien, or subordinate that lien to another lien or encumbrance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Amended by Stats. 1987, Ch. 254, Sec. 1.)
  62. 697.380.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets priority rules for judgment liens on real property, including how lump-sum and installment judgment liens rank against each other.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  63. 697.390.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a real-property interest subject to a judgment lien is transferred or encumbered without paying off or ending the lien, the lien still follows the interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1984, Ch. 538, Sec. 19.)
  64. 697.400.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Certain people may record satisfaction or release documents with the county recorder to clear or reduce a judgment lien on real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  65. 697.410.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A property owner wrongly identified by a judgment lien may demand a release, and the judgment creditor must provide it within 15 days if the owner proves the property is not subject to the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  66. 697.420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may ask the court to reinstate a released real-property judgment lien, and the court must grant it unless the debtor objects with a declaration. The creditor must file a detailed declaration, serve the debtor by first-class mail, and may record the certificate to restore priority.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Judgment Lien on Real Property [697.310 - 697.420] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 697.420. (a) A judgment creditor may apply to the court for an order reinstating a judgment lien on real property with the same priority it held immediately before it was released. Subject to subdivisions (b) and (c), the court shall grant the application. Upon entry of the order the clerk shall do the following: (1) Note in the court’s records that the judgment is no longer satisfied to the extent of the returned funds or property. (2) Issue to the judgment creditor a certificate and notice of reinstatement of judgment lien. The certificate of reinstatement of judgment lien shall identify the judgment and parties, the unsatisfied judgment amount, and the relevant recording or filing information from the original abstract of judgment. (b) (1) The application for reinstatement of a lien under subdivision (a) shall be filed with a declaration by the judgment creditor that includes and certifies all of the following: (A) The title of the court, the case name and number, and the date and amount of the original judgment and any renewals thereof. (B) A statement that the judgment creditor released a lien or liens in the reasonable belief that the money judgment was satisfied. This statement shall include: (i) Information sufficient to identify the liens that were released, including the county or counties in which an abstract of judgment was recorded, and the recording dates and numbers of those recordings. (ii) The details of any acknowledgment of full or partial satisfaction of judgment that was filed or entered as a result of the prior application of funds, including the date, county, and recording number of any acknowledgment of full or partial satisfaction of judgment recorded by the judgment creditor. (C) A statement that after a lien was released, the judgment creditor was ordered pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580 to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. A copy of the order shall be attached as an exhibit to the declaration. (D) A statement that the judgment creditor returned, and the judgment debtor received, all property and wages ordered returned. (E) A statement that but for the court’s order pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, the money judgment would have been fully satisfied or that the property returned to the judgment creditor was identified in a recorded acknowledgment of full or partial satisfaction of judgment. (F) A statement that the judgment creditor is not appealing the order to return funds pursuant to subdivision (d) of Section 703.580. (2) Knowingly certifying the accuracy of false information under paragraph (1) shall be subject to a civil penalty of not more than one thousand five hundred dollars ($1,500). (c) (1) The judgment creditor shall serve upon the judgment debtor by first-class mail to the address verified pursuant to paragraph (2) of subdivision (b) of Section 684.130 a copy of the application for an order reinstating a released lien. (2) The judgment debtor may, within 15 days of service of the application, file a declaration stating that the funds or property identified by the judgment debtor pursuant to subparagraph (D) of paragraph (1) of subdivision (b) have not been returned. (3) If a declaration under paragraph (2) is filed, the court shall deny the application and the judgment creditor shall file a noticed motion to be heard by the court in order to reinstate a lien and its priority. (4) If no objection is filed under this subdivision, the clerk’s reinstatement of the lien and its priority shall be automatically effective. (d) An application under this section shall be filed in the action in which the judgment creditor was ordered, pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. (e) Attorney’s fees are not recoverable under this section. (f) The judgment creditor may record the certificate in the same manner as an abstract of judgment, and that recordation shall have the effect of restoring the lien’s priority as if the prior release or satisfaction had not occurred. (g) This section shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 708, Sec. 2. (AB 774) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.)
  67. 697.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section creates a judgment lien on certain personal property by filing a notice with the Secretary of State, but only for qualifying money judgments and subject to timing rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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) Except as otherwise provided in subdivision (c), (e), or (g), the judgment lien continues for five years from the date of filing. (c) The effectiveness of a filed judgment lien lapses on the expiration of the period described in subdivision (b) unless, before the lapse, a continuation statement is filed pursuant to subdivision (d). Upon lapse, the judgment lien created by the filing of a notice pursuant to subdivision (a) ceases to be effective. (d) A continuation statement may be filed only within the six-month period prior to the expiration of the five-year period specified in subdivision (b). (e) A continuation statement that is not filed within the six-month period prescribed by subdivision (d) is ineffective. Upon timely filing of a continuation statement, the effectiveness of the initial notice of judgment lien continues for a period of five years commencing on the day on which the notice of judgment lien would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the notice of judgment lien lapses in the same manner as provided in subdivision (c), unless, before the lapse, another continuation statement is filed pursuant to subdivision (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial notice of judgment lien. (f) For purposes of this section, “continuation statement” means an amendment of a notice of judgment lien that does both of the following: (1) Identifies, by its file number, the initial notice of judgment lien to which it relates. (2) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified notice of judgment lien. (g) (1) Notwithstanding any other provision of this section, the lien created by this section is extinguished at the earliest to occur of the following: (A) The money judgment is satisfied. (B) The period of enforceability of the judgment, including any extension thereof pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1, terminates. (C) The judgment lien is terminated or released. (2) If the lien created by this section is extinguished, the judgment creditor shall file a statement of release within 20 days after the judgment creditor receives an authenticated demand from the judgment debtor. For the purposes of this subdivision, “authenticated demand” means either a signed written demand or an executed or otherwise encrypted demand delivered electronically that identifies the judgment debtor and the demand for a statement of release. (h) If a judgment creditor does not file a statement of release pursuant to subdivision (g), the person who made the demand may apply to the court on noticed motion for an order releasing the judgment lien. Notice of the motion shall be filed in the county where the judgment was rendered and notice of the 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 judgment lien has been extinguished pursuant to subdivision (g), 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. The court order may be filed in the office of the Secretary of State and shall have the same effect as the statement of release demanded under subdivision (g). (i) The court shall award reasonable attorney’s fees to the prevailing party in any action or proceeding maintained pursuant to this section. (j) Nothing in this section is in derogation of any other relief to which an aggrieved person may be entitled by law. (k) The fees for filing and indexing a record under this section, or for responding to a request for information from the filing office, are as set forth in Section 9525 of the Commercial Code. (l) The provisions of Sections 9522 and 9523 of the Commercial Code shall apply to a notice of judgment lien to the same extent as to a filed financing statement. (m) Terms for which definitions are not set forth in Division 1 (commencing with Section 680.010) have the definitions set forth in the Commercial Code. (Amended by Stats. 2009, Ch. 410, Sec. 1. (AB 121) Effective January 1, 2010.)
  68. 697.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment lien on personal property may be created under this article, either instead of or in addition to certain other enforcement methods.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  69. 697.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section says a judgment lien on personal property covers specified kinds of property, can reach later-acquired interests and certain proceeds, and does not attach to listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 when the lien is created if the personal property is, at that time, any of the following: (1) Accounts receivable, and the judgment debtor is located in this state. (2) Chattel paper, as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code, and the judgment debtor is located in this state. (3) Equipment, located within this state. (4) Farm products, located within this state. (5) Inventory, located within this state. (6) Negotiable documents of title, located within this state. (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) As-extracted collateral, as defined in paragraph (6) of subdivision (a) of Section 9102 of the Commercial Code, and timber to be cut. (3) 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 either of the following: (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. (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 that 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). (g) For purposes of this section, whether a person is located in this state is determined in accordance with Section 9307 of the Commercial Code, except that the location of a registered organization, as defined in paragraph (71) of subdivision (a) of Section 9102 of the Commercial Code, that is organized under the law of another state is determined without regard to subdivision (e) of Section 9307 of the Commercial Code. (Amended by Stats. 2025, Ch. 200, Sec. 9. (AB 1521) Effective January 1, 2026.)
  70. 697.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment lien on personal property covers the amount needed to satisfy the money judgment, and in installment cases it is for the full judgment amount but cannot be enforced for unmatured installments unless the court orders otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1998, Ch. 931, Sec. 92. Effective September 28, 1998.)
  71. 697.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A notice of judgment lien on personal property must be signed under oath by the judgment creditor’s attorney if there is one of record, otherwise by the judgment creditor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  72. 697.560.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor must serve the judgment debtor with a copy of the notice of judgment lien on personal property at filing or soon after.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  73. 697.570.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A notice of judgment lien on personal property must be filed, marked, and indexed by the Secretary of State when it is presented with the filing fee, and it cannot be filed if presented more than 10 days after the notice date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  74. 697.580.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Secretary of State must issue a certificate about judgment liens on personal property when asked, and must also provide copies of related notices on request.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 17.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  75. 697.590.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines key terms and sets priority rules between judgment liens on personal property and conflicting security interests or agricultural liens.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 or agricultural lien, as defined in paragraph (5) of subdivision (a) of Section 9102 of the Commercial Code, 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 or agricultural lien 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. (C) With respect to an agricultural lien, the farm products subject to an agricultural lien pursuant to Division 9 (commencing with Section 9101) of the Commercial Code. (4) “Purchase money security interest” has the same meaning as used in Section 9103 of the Commercial Code. (b) Except as provided in subdivisions (d), (e), (g), and (h), priority between a judgment lien on personal property and a conflicting security interest or agricultural lien 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 or agricultural lien, priority dates from the earlier of the time a filing is first made covering the personal property or the time the security interest or agricultural lien is first perfected, if 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. (g) A perfected agricultural lien on personal property has priority over a judgment lien on the same personal property if the statute creating the agricultural lien so provides. (h) A security interest in personal property perfected by the filing of a financing statement under the law of a jurisdiction other than this state, or perfected by another method pursuant to the law of a jurisdiction other than this state, has priority over a judgment lien in the same personal property. (Amended by Stats. 2009, Ch. 153, Sec. 2. (AB 1549) Effective January 1, 2010.)
  76. 697.600.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment lien on personal property takes priority over later-created judgment liens on the same property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  77. 697.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment lien on personal property generally continues even if the property is sold, exchanged, or otherwise disposed of, but not for certain protected recipients.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 19. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  78. 697.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section defines “cash proceeds” and “proceeds,” and says a judgment lien on personal property continues in those proceeds with the same priority, subject to insolvency-related limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  79. 697.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Certain parties may file a satisfaction-of-judgment document with the Secretary of State, and the filing extinguishes the satisfied judgment lien as a matter of record.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 20. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  80. 697.650.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The judgment creditor may file a writing to release or subordinate a judgment lien on personal property, and the filing officer must process certain release or subordination filings in specified ways.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 21. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  81. 697.660.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a misidentified property owner is affected by a judgment lien, they or a lienholder may demand that the judgment creditor release the lien, and the creditor must file the release within 15 days after receiving satisfactory proof.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 21.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  82. 697.670.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Secretary of State may prescribe certain judgment-lien forms if doing so would achieve cost savings, and those prescribed forms are treated as compliant and can override inconsistent article requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 continuation, 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. (Amended by Stats. 2009, Ch. 410, Sec. 2. (AB 121) Effective January 1, 2010.)
  83. 697.680.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section lets a judgment creditor ask the court to reinstate a released personal-property lien and restore its priority, if the stated filing and declaration requirements are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Judgment Lien on Personal Property [697.510 - 697.680] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 697.680. (a) A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation. Subject to subdivisions (b) and (c), the court shall order the reinstatement of a lien with the same priority that it held at the time of cancellation. Upon entry of the order the clerk shall do the following: (1) Note in the court’s records that the judgment is no longer satisfied to the extent of the returned funds or property. (2) Issue to the judgment creditor a certificate and notice of reinstatement of judgment lien. The certificate of reinstatement of judgment lien shall identify the judgment and parties, the unsatisfied judgment amount, and the filing number and date of the original notice of judgment lien filed with the Secretary of State. (b) (1) The application for reinstatement of a lien under subdivision (a) shall be filed with a declaration by the judgment creditor that includes and certifies all of the following: (A) The title of the court, the case name and number, and the date and amount of the original judgment and any renewals thereof. (B) A statement that the judgment creditor released a lien or liens in the reasonable belief that the money judgment was satisfied. This statement shall include: (i) Information sufficient to identify the liens that were released, including the county or counties in which an abstract of judgment was recorded, the recording dates and numbers of those recordings and, if applicable, the filing date and number of any notice of judgment lien on personal property that was filed with the Secretary of State. (ii) The details of any acknowledgment of full or partial satisfaction of judgment that was filed or entered as a result of the prior application of funds, including the date, county, and recording number of any acknowledgment of full or partial satisfaction of judgment recorded by the judgment creditor. (C) A statement that after a lien was released, the judgment creditor was ordered pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580 to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. A copy of the order shall be attached as an exhibit to the declaration. (D) A statement that the judgment creditor returned, and the judgment debtor received, all property and wages ordered returned. (E) A statement that but for the court’s order pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, the money judgment would have been fully satisfied or that the property returned to the judgment creditor was identified in a recorded acknowledgment of full or partial satisfaction of judgment. (F) A statement that the judgment creditor is not appealing the order to return funds pursuant to subdivision (d) of Section 703.580. (2) knowingly providing false information shall be subject to a civil penalty in an amount up to $1,500 (c) (1) The judgment creditor shall serve upon the judgment debtor by first-class mail to the address verified pursuant to paragraph (2) of subdivision (b) of Section 684.130 a copy of the application for an order reinstating a released lien. (2) The judgment debtor may, within 15 days of service of the application, file a declaration stating that the funds or property identified by the judgment debtor pursuant to subparagraph (D) of paragraph (1) of subdivision (b) have not been returned. (3) If a declaration under paragraph (2) is filed, the court shall deny the application and the judgment creditor shall file a noticed motion to be heard by the court in order to reinstate a lien and its priority. (4) If no objection is filed, the clerk’s reinstatement of the lien and its priority shall be automatically effective. (d) An application under this section shall be filed in the action in which the judgment creditor was ordered, pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. (e) Attorney’s fees are not recoverable under this section. (f) The judgment creditor may record the certificate in the same manner as an abstract of judgment, and that recordation shall have the effect of restoring the lien’s priority as if the prior release or satisfaction had not occurred. (g) This section shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 708, Sec. 3. (AB 774) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.)
  84. 697.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levy on property under a writ of execution creates an execution lien on the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  85. 697.720.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If real property subject to an execution lien is transferred or encumbered, it stays subject to the lien, subject to Section 701.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  86. 697.730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A purchaser or lessee may take certain business tangible personal property free of an execution lien if the statutory conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 22. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  87. 697.740.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Personal property subject to an execution lien generally remains subject to the lien after transfer or encumbrance, unless one of the listed exceptions applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 23. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  88. 697.750.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If certain crops, timber, minerals, oil or gas, or related accounts receivable are subject to an execution lien and are transferred or encumbered, they remain subject to the lien.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Execution Lien [697.710 - 697.750] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 23.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  89. 697.910.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Other Liens Created by Enforcement Process [697.910 - 697.920] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This article applies to liens created by certain enforcement-process remedies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Other Liens Created by Enforcement Process [697.910 - 697.920] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  90. 697.920.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Other Liens Created by Enforcement Process [697.910 - 697.920] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A lien covered by Section 697.910 continues on the property even if the property is transferred or encumbered, except where Sections 9617 or 701.630 apply or the transfer/encumbrance is to a person listed in Section 697.740.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Liens [697.010 - 697.920] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Other Liens Created by Enforcement Process [697.910 - 697.920] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1999, Ch. 991, Sec. 23.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  91. 699.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This chapter governs enforcement of a money judgment by a writ of execution, unless another statute says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 699.010. Except as otherwise provided by statute, this chapter governs enforcement of a money judgment by a writ of execution. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  92. 699.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A person who owes the judgment debtor may pay the levying officer before the writ of execution is returned; the levying officer must then give a receipt, and the receipt discharges the amount paid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  93. 699.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If personal property to be levied on is in the judgment debtor’s private place, the levying officer must demand delivery, and the judgment creditor may seek a court order for seizure if probable cause is shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  94. 699.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    After a writ of execution is issued, the judgment creditor may ask the court for an order requiring the judgment debtor to transfer specified property-related possession to the levying officer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  95. 699.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The levying officer must release levied property when a proper release direction or court order is received, and must follow specific steps for custody, notice, sale, deposit, and later claim of proceeds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 shall include the signature and name of the attorney or judgment creditor issuing the release. 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 the 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 in the manner provided by Article 6 (commencing with Section 701.510), other than cash, which does not have a value exceeding its face value. 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. (f) The written direction to release property specified in subdivision (a) may be transmitted electronically to the levying officer pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1. (Amended by Stats. 2010, Ch. 680, Sec. 6. (AB 2394) Effective January 1, 2011.)
  96. 699.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court may appoint a receiver or allow the levying officer to act to preserve the value of levied property, and certain sales and notices must follow specified procedures.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  97. 699.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A registered process server may levy on certain property under a writ of execution, but must follow filing, deposit, and levy procedure requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 cause to be deposited with the levying officer a copy of the writ and the fee, as 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 court days after levy under this section, all of the following shall be filed with the levying officer: (1) The writ of execution. (2) A proof of service by 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 shall not be 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 is 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. (Amended by Stats. 2016, Ch. 102, Sec. 2. (AB 2211) Effective January 1, 2017.)
  98. 699.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If certain property is levied under a writ of execution and the debtor appears to be the registered owner, the creditor, levying officer, and related sureties are not liable to a third person for the levy itself when the creditor acted in good faith and relied on the recorded ownership.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [699.010 - 699.090] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  99. 699.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets rules for issuing and handling writs of execution after a money judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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, except that the judgment creditor shall omit the name of a judgment debtor from the application for a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment, including either of the following occurrences: (A) The judgment debtor has obtained a discharge of the judgment pursuant to Title 11 of the United States Code and notice thereof has been filed with the court. (B) The judgment creditor files an acknowledgment of satisfaction of judgment with regard to the judgment debtor pursuant to Chapter 1 (commencing with Section 724.010) of Division 5. (2) The writ of execution shall include the additional name or names, and the type of legal entity, 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. (d) 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. (e) 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 Division 4 (commencing with Section 720.010). (Amended by Stats. 2013, Ch. 176, Sec. 2. (SB 551) Effective January 1, 2014.)
  100. 699.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A writ of execution must direct the levying officer to enforce the money judgment and must list specified case, party, judgment, interest, fee, and status information.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 in which the judgment is entered and the cause and number of the action. (c) Whether the judgment is for wages owed, child support, or spousal support. This subdivision shall become operative on September 1, 2020. (d) The name and address of the judgment creditor and the name and last known address of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated. (e) The date of the entry of the judgment and of any subsequent renewals and where entered in the records of the court. (f) 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. (g) The amount required to satisfy the money judgment on the date the writ is issued. (h) The amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued. (i) Whether any person has requested notice of sale under the judgment and, if so, the name and mailing address of that person. (j) The sum of the fees and costs added to the judgment pursuant to Section 6103.5 or Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code, and which is in addition to the amount owing to the judgment creditor on the judgment. (k) 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. (l) A statement indicating whether the case is limited or unlimited. (Amended by Stats. 2020, Ch. 370, Sec. 36. (SB 1371) Effective January 1, 2021.)
  101. 699.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must execute the writ as prescribed by law when the writ and the judgment creditor’s written instructions are delivered, and may not levy on property under the writ more than 180 days after issuance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  102. 699.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The notice of levy must tell the notified person what capacity they are being notified in, what property is levied, their levy-related rights, their duties, and any names listed in the writ of execution from an identity affidavit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 all of the following: (1) The right to claim an exemption pursuant to Chapter 4 (commencing with Section 703.010). (2) The right to make a third-party claim pursuant to Division 4 (commencing with Section 720.010). (3) The right to, and the limitations of, the automatic exemption pursuant to Section 704.220. This paragraph shall become operative on September 1, 2020. (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. (Amended by Stats. 2019, Ch. 552, Sec. 2. (SB 616) Effective January 1, 2020.)
  103. 699.545.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A copy of the original notice of levy, and any affidavit of identity, is enough to count as notice of levy to the person served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 2000, Ch. 639, Sec. 6. Effective January 1, 2001.)
  104. 699.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If required copies of the writ of execution and notice of levy are not posted, served, or mailed, the execution lien from the levy is still valid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  105. 699.560.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must return or store a writ of execution and file a return with the court by the earliest applicable deadline in this section, subject to listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Writ of Execution and Notice of Levy [699.510 - 699.560] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 699.560. (a) Except as provided in subdivisions (b) and (c), the writ expires and the levying officer to whom the writ of execution is delivered shall return the writ to the court, or store the writ as provided in Section 263.6, and file a return with the court reporting 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, unless paragraph (1) of subdivision (a) of Section 706.022 is applicable. (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. (e) Subject to the limitations in subdivision (c) of Section 263, a levying officer may electronically file with the court the return, containing the information required by subdivision (a), pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1. (Amended by Stats. 2010, Ch. 680, Sec. 9. (AB 2394) Effective January 1, 2011.)
  106. 699.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Property that can be used to enforce a money judgment may be levied under a writ of execution, unless another law provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  107. 699.720.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Certain kinds of property are not subject to execution.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1996, Ch. 57, Sec. 1. Effective June 6, 1996.)
  108. 699.730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment debtor’s principal home is generally protected from sale on execution for consumer debt, unless the debt was secured by that home when incurred.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Property Subject to Execution [699.710 - 699.730] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 699.730. (a) Notwithstanding any other law, the principal place of residence of a judgment debtor is not subject to sale under execution of a judgment lien based on a consumer debt unless the debt was secured by the debtor’s principal place of residence at the time it was incurred. As used in this subdivision, “consumer debt” means debt incurred by an individual primarily for personal, family, or household purposes. (b) Subdivision (a) does not apply to any of the following types of unpaid debts: (1) Wages or employment benefits. (2) Taxes. (3) Child support. (4) Spousal support. (5) Fines and fees owed to governmental units. (6) Tort judgments. (7) (A) Debts, other than student loan debt, owed to a financial institution at the time of execution on the judgment lien, if both of the following requirements are met: (i) The amount of the original judgment on which the lien is based, when entered, was greater than seventy-five thousand dollars ($75,000), as adjusted pursuant to Section 703.150. (ii) The amount owed on the outstanding judgment at the time of execution on the judgment lien is greater than seventy-five thousand dollars ($75,000), as adjusted pursuant to Section 703.150. (B) As used in this paragraph, the following terms have the following meanings: (i) “Financial institution” means a financial institution, as defined in Section 680.200. (ii) “Student loan debt” means debt based on any loan made to finance postsecondary education expenses, including tuition, fees, books, supplies, room and board, transportation, and personal expenses. Student loan debt includes debt based on a loan made to refinance a student loan, but does not include debt secured by the debtor’s principal place of residence at the time it was incurred. (Added by Stats. 2020, Ch. 218, Sec. 1. (AB 2463) Effective January 1, 2021.)
  109. 7.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

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    If an Act abolishing an office is repealed and not substantially reenacted or continued in the Codes, the office ends when the Codes take effect.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 7. When any office is abolished by the repeal of any Act, and such Act is not in substance reënacted or continued in either of the Codes, such office ceases at the time the Codes take effect. (Enacted 1872.)
  110. 700.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must serve specified levy documents on the judgment debtor at the time of levy or soon after, and service must be personal or by mail.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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, the list of exemption amounts published pursuant to subdivision (e) of Section 703.150, a copy of the form that the judgment debtor may use to make a claim of exemption pursuant to Section 703.520, and a copy of the form the judgment debtor may use to provide a financial statement pursuant to Section 703.530. (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. (Amended by Stats. 2013, Ch. 64, Sec. 4. (SB 233) Effective January 1, 2014.)
  111. 700.015.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When levying on real property, the levying officer must record and serve the writ of execution and notice of levy, and may have to serve both a third person and an occupant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  112. 700.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must record and serve a writ of execution and notice of levy when levying on certain crops, timber, minerals, or related accounts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1993, Ch. 1187, Sec. 1.5. Effective January 1, 1994.)
  113. 700.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If no other levy method is provided in this article, a levying officer must take tangible personal property under the judgment debtor’s possession or control into custody.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  114. 700.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When tangible personal property is held by a third person, the levying officer must personally serve the writ of execution and notice of levy on that third person, unless this article provides another method.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  115. 700.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section tells who must deliver or serve a writ of execution when levying personal property held by a levying officer, and requires the custodian officer to follow writs in the order received.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  116. 700.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must serve the writ of execution and notice of levy on a bailee when levying goods in the bailee’s possession, and must also serve the secured party if the goods are subject to a security interest and the judgment creditor instructs it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  117. 700.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When levying on a going business’s tangible personal property, the levying officer must follow Section 700.030 unless the judgment creditor directs a different method. A keeper may be placed in charge, the business may keep operating with final cash sales, and the officer must take custody by specified deadlines.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1996, Ch. 1159, Sec. 11. Effective January 1, 1997.)
  118. 700.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    For levying on personal property used as a dwelling, the levying officer must serve the writ of execution and notice of levy on an occupant, or post them on the property if service cannot be made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1995, Ch. 446, Sec. 2. Effective January 1, 1996.)
  119. 700.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When certain vehicles or manufactured homes are levied upon, the levying officer must identify the legal owner and junior lienholders, and then serve them a copy of the writ of execution and notice of levy if they are not the judgment debtor and do not possess the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1983, Ch. 1124, Sec. 10.)
  120. 700.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When levying on chattel paper, the levying officer must take custody of it or serve levy papers, depending on who possesses it, and may also have to serve the account debtor if instructed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  121. 700.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must follow specified steps when levying on an instrument, including taking it into custody or serving levy papers depending on who has the instrument.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  122. 700.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must either take a negotiable document of title into custody if the judgment debtor has it, or personally serve the writ of execution and notice of levy on a third person who has it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  123. 700.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When levying on a security, the levying officer must follow Commercial Code Section 8112.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1996, Ch. 497, Sec. 3. Effective January 1, 1997.)
  124. 700.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    For a levy on a deposit account, the levying officer must serve the writ of execution and notice of levy on the financial institution, and the institution must not pay out covered funds while the execution lien is in effect.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 700.140. (a) Subject to Sections 684.115 and 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. (b) The execution lien that arises upon service of a writ of execution and notice of levy reaches only amounts in a deposit account at the time of service on the financial institution, including the amount of any deposit not yet finally collected unless the deposit is returned unpaid to the financial institution. (c) The levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name any deposit account described therein stands. Service shall be made personally or by mail as follows: (1) At the time of levy or promptly thereafter, if the party seeking the levy informs the levying officer of the person and his, her, or its residence or business address. (2) Promptly following the levying officer’s receipt of a garnishee’s memorandum if service was not accomplished pursuant to paragraph (1) if the garnishee’s memorandum identifies the person and his, her, or its residence or business address. (d) The financial institution shall not honor a withdrawal request or a check or other order for the payment of money from the deposit account if presentment of the withdrawal request or item to the financial institution occurs during the time the execution lien is in effect unless, following the withdrawal or payment, sufficient funds are available to cover the levy. For these purposes, a withdrawal from the deposit account to cover the financial institution’s standard fee or charge for processing the levy shall not be considered a payment of money from the account in violation of this subdivision. (e) 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 or transfer of money drawn or presented against the deposit account if the nonpayment is pursuant to the requirements of subdivision (d). (3) Refusal to pay a withdrawal from the deposit account if the refusal is pursuant to the requirements of subdivision (d). (f) 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. (g) For the purposes of this section, none 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. (3) A person who is only acting in a representative or custodial capacity with respect to benefits paid or payable by the United States government. Rather, accounts maintained by the representative or custodian shall be deemed to stand in the beneficiary’s name, and the amounts therein shall be covered by a levy against the beneficiary. (h) For purposes of this section, final payment of a deposit shall be deemed to have occurred in accordance with Section 4215 or 11210 of the Commercial Code or with automated clearinghouse or Federal Reserve System rule, regulation, operating circular, or similar governing document, as applicable to the deposit. If, for any reason, a deposit is returned by the financial institution upon which it is drawn, the deposit shall not be deemed finally collected for purposes of this subdivision regardless of any later payment by the financial institution upon which the deposit is drawn. (Amended by Stats. 2012, Ch. 484, Sec. 8. (AB 2364) Effective January 1, 2013.)
  125. 700.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section requires the levying officer to serve the writ and notice of levy, sets notice and payment rules for safe-deposit box levies, and limits what the financial institution may do while the lien is in effect.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 the 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 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 levying officer or the judgment creditor pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby. (f) The levying officer shall give the judgment creditor at least three court days’ advance notice of the date and time the levying officer will open the safe-deposit box and seize the contents thereof, and the judgment creditor shall be entitled to be present at that time. (g) 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. (h) If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the execution lien is released automatically with respect to any property that remains in the safe-deposit box. (Amended by Stats. 2012, Ch. 484, Sec. 9. (AB 2364) Effective January 1, 2013.)
  126. 700.160.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section limits when a deposit account or safe-deposit box can be levied and sets notice/timing rules for the financial institution and levying officer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 third persons, is not subject to levy under Section 700.140 or 700.150 unless the legal process served on the third party includes a court order authorizing the levy. (b) A court order is not required 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 or registered domestic partner, whether alone or together with other persons, provided an affidavit is delivered to the financial institution at the time of levy showing that person is the judgment debtor’s spouse or registered domestic partner. (3) A fictitious business name, provided a copy of an unexpired statement certified in accordance with Section 17926 of the Business and Professions Code is delivered to the financial institution at the time of levy, the fictitious business name statement does not list any person other than the judgment debtor, the judgment debtor’s spouse or the judgment debtor’s registered domestic partner as the person or persons doing business under the fictitious business name, and, if a person other than the judgment debtor is listed in the statement, an affidavit stating that the other person is the judgment debtor’s spouse or registered domestic partner is delivered to the financial institution at the time of the levy. (4) The additional name of a judgment debtor listed on the legal process 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. (Amended by Stats. 2012, Ch. 484, Sec. 10. (AB 2364) Effective January 1, 2013.)
  127. 700.170.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must personally serve the writ of execution and notice of levy on the account debtor when levying on an account receivable or general intangible, unless this article provides another levy method.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  128. 700.180.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Some property can be levied on under this article, but a levy on property involved in a pending action or special proceeding is not effective unless subdivision (a) applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  129. 700.190.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines “final money judgment” and requires the levying officer, court clerk, and abstracting process to record and serve levy documents when levying on such a judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1984, Ch. 538, Sec. 25.3.)
  130. 700.200.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When a levy reaches a decedent’s estate interest, the levying officer must serve the writ and notice on the personal representative, and later serve the judgment debtor; the debtor may claim an exemption within 10 days after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Methods of Levy [700.010 - 700.200] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  131. 701.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third person served with a levy notice must comply with this section promptly, unless a statutory exception or good cause applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  132. 701.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third person who is required to turn over property or make payments to the levying officer and fails to do so without good cause can be held liable to the judgment creditor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  133. 701.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a levy, the third person must give the levying officer a sworn garnishee’s memorandum within 10 days, unless a stated exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 701.030. (a) At the time of service of a copy of the legal process 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 legal process is served, 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, as applicable: (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 those other persons. (7) A statement that the garnishee holds neither any property nor any obligations in favor of the judgment debtor. (c) If a garnishee’s memorandum is received from the third person, the levying officer shall retain a copy and promptly mail or deliver a copy of the memorandum to the judgment creditor. (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 needs to provide information with respect only to property that is carried on the records available at the office or branch where the levy is made provided that if a levy has been served at a central location designated by a financial institution in accordance with Section 684.115, the garnishee’s memorandum shall apply to all offices and branches of the financial institution except to the extent acceptance of the levy at those central locations is limited pursuant to paragraph (3) of subdivision (b) of Section 684.115. (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. (g) The garnishee may electronically transmit the garnishee’s memorandum to the levying officer pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1. (Amended by Stats. 2024, Ch. 222, Sec. 3. (AB 2067) Effective January 1, 2025.)
  134. 701.035.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third person who provides a garnishee’s memorandum under this title is not liable for disclosing information in that memorandum.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1983, Ch. 155, Sec. 14.6. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  135. 701.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A secured party must turn over excess property, payments, or proceeds from levied property to the levying officer after the secured debt is satisfied, unless a court orders otherwise or the levying officer directs otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended (as added by Stats. 1990, Ch. 1125, Sec. 1.5) by Stats. 1999, Ch. 991, Sec. 24.5. Effective January 1, 2000. Amending action operative July 1, 2001, by Sec. 75 of Ch. 991. Section initially operative (in amended form) January 1, 2002, pursuant to Stats. 1990, Ch. 1125, Sec. 5, as amended by Stats. 1998, Ch. 932.)
  136. 701.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a levy notice is served, an account debtor must redirect certain payments or property to the levying officer, unless a court order or other stated exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  137. 701.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the levying officer has custody of the levied instrument and serves the obligor, the obligor must make payments to the levying officer when due.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  138. 701.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a levy on a final money judgment, the judgment debtor must make payments to the levying officer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Duties and Liabilities of Third Persons After Levy [701.010 - 701.070] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1984, Ch. 538, Sec. 25.5.)
  139. 701.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must sell property that has been levied upon, but not tangible personal property until the officer has custody, and not cash unless its value exceeds face value.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  140. 701.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section generally requires certain levied property to be collected rather than sold, but allows the judgment creditor to give notice of intended sale and lets the judgment debtor ask the court to order collection instead of sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  141. 701.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Before a personal property sale, the levying officer must give written notice, post and serve it at least 10 days ahead, and use the required public posting locations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 68. Effective January 1, 2003.)
  142. 701.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    For a sale of an interest in real property, the notice must be written and include sale details and property description, and the levying officer must serve, mail, post, and publish it within the stated timing rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 an occupant, as specified, 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 public notice district in which the real property or a part thereof is situated. If no newspaper of general circulation is published in the city or public notice 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 lienholder at the address used by the county recorder for the return of the instrument creating the lien after recording. The levying officer shall mail notice to each lienholder, at the address given in the instructions, not less than 20 days before the date of sale. (i) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 2016, Ch. 703, Sec. 9. (AB 2881) Effective January 1, 2017.)
  143. 701.545.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A notice of sale for an interest in real property generally cannot be given until 120 days after notice of levy was served on the judgment debtor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  144. 701.547.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A notice of sale must include a statement telling prospective bidders to refer to the listed sections for the sale’s terms, conditions, effect, and the liability of defaulting bidders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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.” (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  145. 701.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must mail notice of sale to anyone who requested it when the notice of sale is posted. A person who wants notice of a sale can request it, and a pre-writ request must be written, filed with the court clerk, and include specified case and mailing details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  146. 701.555.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor may advertise a sale in a newspaper or similar publication and recover reasonable advertising costs; the judgment debtor may also advertise at their own expense.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  147. 701.560.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Missing sale notice does not invalidate the sale, but a levying officer who sells without the required notice can be liable for actual damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  148. 701.570.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section sets the rules for selling property to satisfy a money judgment: sales must occur at the stated place, time, and county, usually by auction to the highest bidder, with special rules for viewing, grouping lots, and stopping once enough property is sold.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  149. 701.580.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The judgment debtor and judgment creditor together may ask in writing to postpone a sale, and the levying officer must carry out the postponement by public declaration.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  150. 701.590.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    At a sale, the purchaser must generally pay in cash or by certified or cashier’s check, unless this section allows a credit bid or credit transaction.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  151. 701.600.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the highest bidder fails to pay, the levying officer must resell the property and apply any deposit to certain costs, interest, and judgment amounts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  152. 701.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer may not buy at a sale or have any interest in a purchase made at the sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 701.610. The levying officer may not be a purchaser or have an interest in any purchase at a sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  153. 701.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Property cannot be sold unless the bid is high enough, and the levying officer must release the property if no required minimum bid is received.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  154. 701.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If property is sold under this article, the sale extinguishes the lien being enforced, any subordinate liens, and any state tax lien on the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  155. 701.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A purchaser at an execution sale acquires the judgment debtor’s interest in the sold property, but only interests held on the lien’s effective date or acquired between that date and the sale date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  156. 701.650.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When a purchaser pays for personal property sold in execution, the levying officer must deliver the property or, if manual delivery is not possible, a certificate of sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  157. 701.660.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After the purchaser pays the amount due, the levying officer must give the purchaser a deed of sale, record a duplicate with the county recorder, and send any documentary transfer tax to the county or city and county.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 701.660. When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code, the levying officer conducting the sale shall execute and deliver a deed of sale to the purchaser, record a duplicate of the deed of sale in the office of the county recorder, and forward to the county or city and county any documentary transfer tax paid by the purchaser. (Amended by Stats. 2010, Ch. 680, Sec. 11. (AB 2394) Effective January 1, 2011.)
  158. 701.670.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A certificate of sale or deed of sale must include specified information about the court case, the judgment, the parties, the property, and the sale date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  159. 701.680.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section makes a sale of property under this article final, except for a specific challenge process, and lets a judgment debtor seek recovery or damages in certain cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Sale and Collection [701.510 - 701.680] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 701.680. (a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall 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. (e) This section does not affect, limit, or eliminate a judgment debtor’s equitable right of redemption. (Amended by Stats. 2014, Ch. 183, Sec. 1. (AB 2317) Effective January 1, 2015.)
  160. 701.810.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must distribute proceeds from a sale or collection in a set statutory priority order, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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, in the following order: (1) First, any costs and interest accruing on the judgment after issuance of the writ pursuant to which the sale or collection is conducted. (2) Second, the principal 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. (Amended by Stats. 2010, Ch. 4, Sec. 2. (AB 680) Effective January 1, 2011.)
  161. 701.820.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must distribute sale or collection proceeds promptly to entitled persons, or deposit them with the court in certain cases, and must meet the section’s payment deadlines.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 the proceeds are received by the levying officer. (c) If the proceeds are not 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 10 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, in person or by certified mail, 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. (f) If all proceeds have not been received within 10 days after the filing of the demand specified by paragraph (3) of subdivision (e), a judgment creditor may file an ex parte application for an order directing the levying officer to show cause why relief should not be granted pursuant to Section 26680 of the Government Code. The order shall name a date and time for the levying officer to appear not less than 20 and not more than 30 days after filing of the application. If the levying officer pays all proceeds as provided in subdivision (e) of Section 701.810 to the judgment creditor no later than 10 days prior to the hearing, the judgment creditor shall notify the court of full payment no later than three days prior to the hearing and the court shall withdraw the order and vacate the hearing. (g) An ex parte application filed pursuant to subdivision (f) shall state the date and manner of all of the following: (1) Delivery of the writ of execution to the levying officer. (2) Remittance of the proceeds to the levying officer. (3) Filing of the 10-day demand pursuant to subdivision (e). (h) If the court finds that the facts alleged in the ex parte application filed pursuant to subdivision (f) to be knowingly false, or made in bad faith, the court may award costs and reasonable attorney fees to the levying officer. (Amended by Stats. 2010, Ch. 4, Sec. 3. (AB 680) Effective January 1, 2011.)
  162. 701.830.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If there are conflicting claims to sale or collection proceeds, the levying officer may deposit the disputed proceeds with the court, and interested persons may seek a distribution order or request more time to respond. The court generally decides the motion, but must abate the hearing in certain listed civil-action situations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Execution [699.010 - 701.830] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Distribution of Proceeds of Sale or Collection [701.810 - 701.830] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  163. 703.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Exemptions under this chapter or any other statute apply to all money-judgment enforcement procedures, unless the judgment is being enforced by foreclosure of a mortgage, deed of trust, or other lien or encumbrance on the property (with a stated carve-out for certain liens).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  164. 703.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section limits these exemptions to property of a natural person and lets certain people claim them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (3) In the case of community property, by the domestic partner of the judgment debtor, as defined in Section 297 of the Family Code, whether or not the domestic partner is also a judgment debtor under the judgment. (Amended by Stats. 2014, Ch. 415, Sec. 1. (AB 1945) Effective January 1, 2015.)
  165. 703.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An exemption for property may be claimed only within the time and manner set by the applicable enforcement procedure; if it is not claimed, the exemption is waived and the property can be enforced against.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  166. 703.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A contractual or other prior waiver of exemptions is void and against public policy, except for a waiver made by failing to claim an exemption when required at the time enforcement is sought.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  167. 703.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The exemption rule to use depends on when the relevant judgment lien was created, and levy-of-execution procedures are governed by the law in effect when the levy is made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  168. 703.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Legislature states that exemption rules for money judgments can be changed, and those changes generally apply to enforcement of money judgments on the operative date unless a statute says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  169. 703.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says exemption rules still apply to support judgments, but a court can decide how much exempt property should be used to satisfy a child, family, or spousal support judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1992, Ch. 163, Sec. 37. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  170. 703.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An exempt fund stays exempt if it can be traced into a deposit account or into cash or its equivalent, subject to limits in the particular exemption.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  171. 703.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor cannot recover later collection costs after failing to oppose an exemption claim on time, or after property has been found exempt, if the creditor then tries to apply that property to the same money judgment, unless the property is applied to satisfy the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  172. 703.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A court must decide whether property is exempt based on the earliest relevant time, subject to a subdivision (b) exception.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  173. 703.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    When a judgment debtor is married, exemption rules apply to the spouses’ property together, and the court may decide how to apply an exemption if the spouses cannot agree.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1983, Ch. 155, Sec. 14.7. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  174. 703.115.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    When deciding certain exemption claims, the court must consider all property of the judgment debtor and, if applicable, the spouse, dependents, or family, including community and separate property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1983, Ch. 155, Sec. 15. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  175. 703.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    California does not authorize the federal bankruptcy exemptions listed in section 522(d).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.130. Pursuant to the authority of paragraph (2) 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. (Amended by Stats. 2009, Ch. 500, Sec. 14. (AB 1059) Effective January 1, 2010.)
  176. 703.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    In a Title 11 bankruptcy case, debtors can choose between this chapter’s exemptions and the subdivision (b) exemptions, with special rules for spouses and unmarried filers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 spouses 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) (A) If the petition is filed individually, and not jointly, for a spouse, the exemptions provided by this chapter other than the provisions of subdivision (b) are applicable, except that, if both of the spouses 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). (B) Notwithstanding subparagraph (A), a waiver is not required from a debtor who is living separate and apart from their spouse as of the date the petition commencing the case under Title 11 of the United States Code is filed, unless, on the petition date, the debtor and the debtor’s spouse shared an ownership interest in property that could be exempted as a homestead under Article 4 of this chapter. (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 twenty-nine thousand two hundred seventy-five dollars ($29,275) 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. (2) The debtor’s interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in one or more motor vehicles. (3) The debtor’s interest, not to exceed seven hundred twenty-five dollars ($725) 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 seven hundred fifty dollars ($1,750) 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 one thousand five hundred fifty dollars ($1,550) in value, plus any unused amount of the exemption provided under paragraph (1), in any property. (6) The debtor’s aggregate interest, not to exceed eight thousand seven hundred twenty-five dollars ($8,725) 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 fifteen thousand six hundred fifty dollars ($15,650) in value, 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, the debtor’s spouse, or a dependent of the debtor, including vehicles converted for use by the debtor, the debtor’s spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. (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. (F) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, family leave, or wages, as defined in Section 200 of the Labor Code. (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 under a settlement agreement arising out of or regarding the debtor’s employment, to the extent reasonably necessary for the support of the debtor, the debtor’s spouse, or a dependent of the debtor. (C) 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. (D) A payment under a life insurance contract that insured the life of an individual of whom the debtor was a spouse or 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. (E) A payment, not to exceed twenty-nine thousand two hundred seventy-five dollars ($29,275) on account of personal bodily injury of the debtor, the debtor’s spouse, or an individual of whom the debtor is a dependent. (F) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a spouse or dependent, to the extent reasonably necessary for the support of the debtor and the debtor’s spouse or a dependent of the debtor. (12) Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code), subject to the following limits: (A) The amount exempted for contributions to an account during the 365-day period prior to the date of filing of the debtor’s petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtor’s petition for bankruptcy. (B) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of filing of the debtor’s petition for bankruptcy, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of the filing of the debtor’s petition for bankruptcy. (C) For the purposes of this paragraph, “account” includes all accounts having the same beneficiary. (D) This paragraph is not subject to the requirements of Section 703.150. (c) In a case under Title 11 of the United States Code, the value of the property claimed as exempt and the debtor’s exemptions provided by this chapter with respect to such property shall be determined as of the date the bankruptcy petition is filed. In a case where the debtor’s equity in a residence is less than or equal to the amount of the debtor’s allowed homestead exemption as of the date the bankruptcy petition is filed, any appreciation in the value of the debtor’s interest in the property during the pendency of the case is exempt. (Amended by Stats. 2022, Ch. 716, Sec. 2.5. (SB 1099) Effective January 1, 2023.)
  177. 703.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The Judicial Council must calculate adjusted exemption amounts using CPI data and publish the current amounts and next adjustment date on the stated schedule.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. General Provisions [703.010 - 703.150] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 (d). (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 (d). (c) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amount set forth in paragraph (7) of subdivision (b) of Section 699.730 in effect immediately before that date shall be adjusted as provided in subdivision (d). (d) 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, 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). (e) 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), and the dollar amount set forth in paragraph (7) of subdivision (b) of Section 699.730, together with the date of the next scheduled adjustment. (f) 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 subdivisions (b), (c), and (d) is governed by Section 703.050. (Amended by Stats. 2024, Ch. 80, Sec. 23. (SB 1525) Effective January 1, 2025.)
  178. 703.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Property levied upon may be claimed exempt, and certain exempt deposit-account property must be released quickly after notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 in a deposit account that is exempt without making a claim, as described in subdivision (b) of Section 704.080 or subdivision (a) of Section 704.220, is levied upon, the property shall be released by the financial institution holding the judgment debtor’s deposit account within five business days of the financial institution receiving written notice from the judgment debtor setting forth the facts supporting the exemption without the necessity of making a claim under this title. The judgment debtor’s written notice to the financial institution shall be served via first-class mail on the judgment creditor or judgment creditor’s attorney of record within five business days of notice being sent by the judgment debtor to the financial institution. The written notice shall be addressed to the financial institution identified pursuant to subdivision (c) or (d) of Section 684.110. (c) If property that is exempt without making a claim is levied upon, other than the property in a deposit account described in subdivision (b), the property may be released pursuant to the exemption procedure provided in this article. (Amended by Stats. 2024, Ch. 514, Sec. 3. (AB 2837) Effective January 1, 2025.)
  179. 703.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A claimant may file a claim of exemption with the levying officer, and must do so within 15 days after personal service or 20 days after service by mail, with extra required contents and oath requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.520. (a) The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of the claim. If the claimant is personally served, the claim shall be made within 15 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. If the claimant is served by mail, the claim shall be made within 20 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. If the claim is filed by mail and assigned a tracking number by the United States Postal Service or another common carrier, the filing shall be deemed complete on the date the claim is postmarked. If the claim is filed by mail and not assigned a tracking number, the filing shall be deemed complete on the date the claim is received by the levying officer. (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 the 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. (c) Notwithstanding subdivision (a), for a personal debt as defined in subdivision (d) of Section 683.110, a claimant may file a claim of exemption more than 20 days after the date the notice of levy is served on the judgment debtor pursuant to Sections 703.580 and 706.105. The levying officer may, nonetheless, release the funds to the judgment creditor at any time after the expiration of the 20-day period. (Amended by Stats. 2025, Ch. 708, Sec. 4. (AB 774) Effective January 1, 2026.)
  180. 703.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A debtor claiming a support-based exemption must include a financial statement, and the debtor must sign it under oath; the spouse must also sign unless the spouses are living separate and apart.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  181. 703.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a claim of exemption is filed, the levying officer must promptly serve the judgment creditor with a copy of the claim and a notice about it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  182. 703.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a judgment creditor opposes a claim of exemption, they must file opposition papers with the court and copies with the levying officer within 15 days after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.550. (a) Within 15 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. (b) This section shall become operative on September 1, 2020. (Repealed (in Sec. 5) and added by Stats. 2019, Ch. 552, Sec. 6. (SB 616) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
  183. 703.560.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A notice of opposition to a claim of exemption must be sworn and must state the required objection and supporting facts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  184. 703.570.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The court must hear the motion within 30 days unless it is continued for good cause, and the judgment creditor must serve hearing and opposition notices at least 10 days before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.570. (a) (1) 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. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. (2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10. (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. (Amended by Stats. 2025, Ch. 708, Sec. 5. (AB 774) Effective January 1, 2026.)
  185. 703.580.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section governs hearings on exemption claims after levy and how the court must decide whether property is exempt.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.580. (a) The claim of exemption and notice of opposition to the claim of exemption do not constitute an appearance pursuant to Section 1014. The power of the court over the exemption claimant is limited to determining the claim of exemption. (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 a claim of exemption asserts that money in a judgment debtor’s deposit account is or was necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor as provided in Section 704.225, the court shall review the judgment debtor’s financial statement and make findings thereon. If not satisfied, the court may 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. (1) 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. (2) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return of any property that was exempt without the need for a claim and that was levied upon within the 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judge’s authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption. (3) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return of any property that the debtor has demonstrated would have been exempt by claim of exemption and that was levied upon within the six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judge’s authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption. (4) If property is exempt without the need for a claim under this title or as a result of a claim of exemption, the court shall order the return of the exempt property from the levying officer, judgment creditor, or other person who is in possession of the property, to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order. (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. (Amended by Stats. 2024, Ch. 514, Sec. 5.5. (AB 2837) Effective January 1, 2025.)
  186. 703.590.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the court extends the time for an act under this article, written notice of the extension must be filed with the levying officer and, unless waived, promptly served on the opposing party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  187. 703.600.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An appeal may be taken from any order made under this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 703.600. An appeal lies from any order made under this article. (Amended by Stats. 1998, Ch. 931, Sec. 93. Effective September 28, 1998.)
  188. 703.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    During exemption proceedings, the levying officer generally must not dispose of the claimed property, and an appeal can trigger notice and stay-related handling of the property and wages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Procedure for Claiming Exemptions After Levy [703.510 - 703.610] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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, except that such order may not require the release to the judgment creditor of property that would be exempt without a claim of exemption. 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, except that such order may not require the release to the judgment creditor of property that would be exempt without a claim of exemption. (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. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if an earnings withholding order has been served upon the judgment debtor’s employer, notice of the appeal shall also be given to the judgment debtor’s employer who shall, upon receipt of the notice, immediately suspend any further garnishment of the judgment debtor’s wages for the pendency of the appeal and until ordered by the court to resume garnishment. (Amended by Stats. 2024, Ch. 514, Sec. 6. (AB 2837) Effective January 1, 2025.)
  189. 704.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain motor-vehicle-related property and sale proceeds are exempt up to $7,500, and some proceeds remain exempt for 90 days after receipt.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.010. (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500): (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 seven thousand five hundred dollars ($7,500) 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. (Amended by Stats. 2022, Ch. 716, Sec. 3. (SB 1099) Effective January 1, 2023.)
  190. 704.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Some household property is exempt from execution if it is ordinarily and reasonably necessary and used at the debtor’s principal residence; there is also a 90-day exemption for certain sale proceeds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  191. 704.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain material intended for residence repair or improvement is exempt up to $3,500 in equity, if bought in good faith for the specified residence use.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 three thousand five hundred dollars ($3,500) 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. (Amended by Stats. 2020, Ch. 81, Sec. 3. (SB 898) Effective January 1, 2021.)
  192. 704.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Jewelry, heirlooms, and works of art are exempt up to a total equity value of $8,725.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.040. Jewelry, heirlooms, and works of art are exempt to the extent that the aggregate equity therein does not exceed eight thousand seven hundred twenty-five dollars ($8,725). (Amended by Stats. 2020, Ch. 81, Sec. 4. (SB 898) Effective January 1, 2021.)
  193. 704.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain health aids, prosthetic appliances, and orthopedic appliances are exempt when reasonably necessary for the judgment debtor, spouse, or dependent to work or sustain health.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.050. (a) 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. (b) Health aids described in subdivision (a) include vehicles converted for use by the debtor, the debtor’s spouse, or a dependent of the debtor, who has a disability. Conversion of a vehicle for use by a person who has a disability includes altering the interior, installing steering, a wheelchair lift, or motorized steps, or modifying the operation of the vehicle. (Amended by Stats. 2022, Ch. 716, Sec. 4. (SB 1099) Effective January 1, 2023.)
  194. 704.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain trade or business personal property is exempt up to set dollar limits, and some sale or insurance proceeds stay exempt for 90 days.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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) Eight thousand seven hundred twenty-five dollars ($8,725), 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) Eight thousand seven hundred twenty-five dollars ($8,725), 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. (Amended by Stats. 2021, Ch. 124, Sec. 11. (AB 938) Effective January 1, 2022.)
  195. 704.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain paid earnings and some disposable earnings are exempt from levy or other judgment enforcement if the stated conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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) Disposable earnings that would otherwise not be subject to levy under Section 706.050 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. (Amended by Stats. 2019, Ch. 552, Sec. 7. (SB 616) Effective January 1, 2020.)
  196. 704.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section exempts certain directly deposited public benefits and Social Security benefits in deposit accounts, and sets procedures for levies on those accounts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 seven hundred fifty dollars ($1,750) where one depositor is the designated payee of the directly deposited public benefits payments. (2) Three thousand five hundred dollars ($3,500) where one depositor is the designated payee of directly deposited social security payments. (3) Two thousand six hundred dollars ($2,600) 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) Five thousand two hundred fifty dollars ($5,250) 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). (Amended by Stats. 2020, Ch. 81, Sec. 6. (SB 898) Effective January 1, 2021.)
  197. 704.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Certain inmate trust-account funds of a confined judgment debtor are exempt, with a $1,750 exemption generally and a $325 exemption for specified restitution judgments.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 seven hundred fifty dollars ($1,750). 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 twenty-five dollars ($325) without making a claim. The exemption provided in this subdivision is not subject to adjustment under Section 703.150. (Amended by Stats. 2020, Ch. 81, Sec. 7. (SB 898) Effective January 1, 2021.)
  198. 704.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Some life insurance policy interests are exempt from enforcement of a money judgment, with specific limits and conditions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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 thirteen thousand nine hundred seventy-five dollars ($13,975). 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. (Amended by Stats. 2020, Ch. 81, Sec. 8. (SB 898) Effective January 1, 2021.)
  199. 704.105.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Money held in a judgment debtor’s Scholarshare Trust account is exempt without a claim, but contribution amounts are capped for two lookback periods.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.105. Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code) is exempt without making a claim, subject to the following limitations: (a) The amount exempted for contributions to an account during the 365-day period prior to the date of entry of a money judgment, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment. (b) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of entry of a money judgment, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment. (c) For the purposes of this section, “account” includes all accounts having the same beneficiary. (d) This section is not subject to the requirements of Section 703.150. (Amended by Stats. 2022, Ch. 25, Sec. 2. (SB 956) Effective January 1, 2023.)
  200. 704.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Certain public retirement funds and benefits are exempt from claim-making and from enforcement, with specific exceptions for support judgments.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 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. (Amended by Stats. 1996, Ch. 927, Sec. 1.5. Effective January 1, 1997.)

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