Code of Civil Procedure — Part 14 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 14 of 17 · provisions 2,601–2,800

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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. 704.111.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2.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 alimony, support, and separate maintenance payments are exempt to the extent reasonably necessary for the support of the debtor and any dependent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2.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. ) ## 704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt. (Added by Stats. 2022, Ch. 716, Sec. 5. (SB 1099) Effective January 1, 2023.)
  2. 704.113.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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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    Vacation credits and related leave-pay interests are exempt up to $7,500, and related payments remain subject to certain earnings withholding or support assignment orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.113. (a) As used in this chapter, “vacation credits” means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee. (b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt. (c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor. (Amended by Stats. 2022, Ch. 716, Sec. 6. (SB 1099) Effective January 1, 2023.)
  3. 704.114.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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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    This section creates and governs a lien on employee contributions when a support-related earnings assignment or withholding order is served on certain public entities, and sets out notice and return 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 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. ) ## 704.114. (a) Notwithstanding any other provision of law, service of an earnings assignment order for support, or an order or notice to withhold income for child support on any public entity described in Section 704.110, other than the United States government, creates a lien on all employee contributions in the amount necessary to satisfy a support judgment as determined under Section 695.210 to the extent that the judgment remains enforceable. (b) The public entity shall comply with any request for a return of employee contributions by an employee named in the order or notice to withhold by delivering the contributions to the clerk of the court in which the support order was awarded or last registered, unless the entity has received a certified copy of an order or administrative notice terminating the earnings assignment order for support. (c) Upon receipt of moneys pursuant to this section, the clerk of the court, within 10 days, shall send written notice of the receipt of the deposit to the parties and to the local child support agency enforcing any order pursuant to Section 17400 of the Family Code. (d) Moneys received pursuant to this section are subject to any procedure available to enforce an order for support, but if no enforcement procedure is commenced after 30 days have elapsed from the date the notice of receipt is sent, the clerk shall, upon request, return the moneys to the public entity that delivered the moneys to the court unless the public entity has informed the court in writing that the moneys shall be released to the employee. (e) A court shall not directly or indirectly condition the issuance, modification, or termination of, or condition the terms or conditions of, any order for support upon the making of a request for the return of employee contributions by an employee. (Amended by Stats. 2000, Ch. 808, Sec. 13. Effective September 28, 2000.)
  4. 704.115.

    ## 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 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Most retirement-plan amounts are exempt from judgment enforcement, but there are limits and special rules for support orders, periodic payments, and amounts traceable to certain transfers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.115. (a) As used in this section, “retirement plan” means: (1) Private retirement plans, including, but not limited to, union retirement plans. (2) Profit-sharing plans designed and used for retirement purposes. (3) Self-employed retirement plans and individual retirement annuities or accounts provided for in the Internal Revenue Code of 1986, as amended, including individual retirement accounts qualified under Section 408 or 408A of that code, to the extent the amounts held in the plans, annuities, or accounts do not exceed the maximum amounts exempt from federal income taxation under that code. (4) Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under Sections 403, 414, or 457 of the Internal Revenue Code of 1986, as amended, to the extent the amounts held in the plans, annuities, or accounts do not exceed the maximum amounts exempt from federal income taxation under that code and are not otherwise exempt under federal law. (b) All amounts held, controlled, or in process of distribution by a retirement plan, for the payment of benefits as an annuity, pension, retirement allowance, disability payment, or death benefit from a retirement plan are exempt. (c) Notwithstanding subdivision (b), where an amount described in subdivision (b) becomes payable to a person and is sought to be applied to the satisfaction of a judgment for child, family, or spousal support against that person: (1) Except as provided in paragraph (2), the amount is exempt only to the extent that the court determines under subdivision (c) of Section 703.070. (2) If the amount sought to be applied to the satisfaction of the judgment is payable periodically, the amount payable is subject to an earnings assignment order for support as defined in Section 706.011 or any other applicable enforcement procedure, but the amount to be withheld pursuant to the assignment order or other procedure shall not exceed the amount permitted to be withheld on an earnings withholding order for support under Section 706.052. (d) After payment, the amounts described in subdivision (b) and all contributions and interest thereon returned to any member of a retirement plan are exempt. (e) (1) Notwithstanding subdivisions (b) and (d), except as provided in subdivision (f), the amounts described in paragraphs (3) and (4) of subdivision (a) are exempt only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor, taking into account all resources that are likely to be available for the support of the judgment debtor when the judgment debtor retires. (2) For personal debt, as defined in subdivision (d) of Section 683.110, the amount necessary to provide for the support of the judgment debtor cannot be, unless otherwise provided by federal law, less than the amount listed in subsection (n) of Section 522 of Title 11 of the United States Code, as adjusted in accordance with subsection (b) of Section 104 of Title 11 of the United States Code. The exempt amount may be aggregated across all retirement plans in the judgment debtor’s name. The exempt amount may be reduced to the extent that such value is attributable to any portion of any property the debtor disposed of with the intent to hinder, delay, or defraud a creditor, and that the debtor could not have exempted at the time the debtor so disposed of the property. (3) In determining the amount to be exempt under this subdivision, the court shall allow the judgment debtor such additional amount as is necessary to pay any federal and state income taxes owed as a result of the application of funds in a retirement plan to the satisfaction of the money judgment. (f) Where the amounts described in paragraphs (3) and (4) of subdivision (a) are payable periodically, the amount of the periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). To the extent a lump-sum distribution from an individual retirement account is treated differently from a periodic distribution under this subdivision, any lump-sum distribution from an account qualified under Section 408A of the Internal Revenue Code shall be treated the same as a lump-sum distribution from an account qualified under Section 408 of the Internal Revenue Code for purposes of determining whether any of that payment may be applied to the satisfaction of a money judgment. (Amended by Stats. 2024, Ch. 514, Sec. 7. (AB 2837) Effective January 1, 2025.)
  5. 704.120.

    ## 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 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 unemployment-related contributions and benefits are exempt from claims, and some benefit payments may still be applied toward 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. ) ## 704.120. (a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without making a claim. (b) Before payment, amounts held for payment of the following benefits are exempt without making a claim: (1) Benefits payable under Division 1 (commencing with Section 100) of the Unemployment Insurance Code. (2) Incentives payable under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code. (3) Benefits payable under an employer’s plan or system to supplement unemployment compensation benefits of the employees generally or for a class or group of employees. (4) Unemployment benefits payable by a fraternal organization to its bona fide members. (5) Benefits payable by a union due to a labor dispute. (c) After payment, the benefits described in subdivision (b) are exempt. (d) During the payment of benefits described in paragraph (1) of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, through the appropriate local child support agency, seek to apply the benefit payment to satisfy the judgment as provided by Section 17518 of the Family Code. (e) During the payment of benefits described in paragraphs (2) to (5), inclusive, of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the benefit payments to satisfy the judgment by an earnings assignment order for support as defined in Section 706.011 or any other applicable enforcement procedure. If the benefit is payable periodically, the amount to be withheld pursuant to the assignment order or other procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest whole dollar. Otherwise the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an assignment order under this subdivision an amount reflecting the actual cost of administration caused by the assignment order up to two dollars ($2) for each payment. (Amended by Stats. 2000, Ch. 808, Sec. 14. Effective September 28, 2000.)
  6. 704.130.

    ## 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 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Disability and health insurance benefits are exempt before payment, and remain exempt after payment, with a health-care-provider exception and a limited support-judgment collection rule.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.130. (a) Before payment, benefits from a disability or health insurance policy or program are exempt without making a claim. After payment, the benefits are exempt. (b) Subdivision (a) does not apply to benefits that are paid or payable to cover the cost of health care if the judgment creditor is a provider of health care whose claim is the basis on which the benefits are paid or payable. (c) During the payment of disability benefits described in subdivision (a) to a judgment debtor under a support judgment, the judgment creditor or local child support agency may seek to apply the benefit payments to satisfy the judgment by an earnings assignment order for support, as defined in Section 706.011, or any other applicable enforcement procedure, but the amount to be withheld pursuant to the earnings assignment order or other procedure shall not exceed the amount permitted to be withheld on an earnings assignment order for support under Section 706.052. (Amended by Stats. 2000, Ch. 808, Sec. 15. Effective September 28, 2000.)
  7. 704.140.

    ## 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 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Personal injury claims and certain personal injury damages or settlements are exempt, subject to stated exceptions and 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 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. ) ## 704.140. (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making a claim. (b) Except as provided in subdivisions (c) and (d), an award of damages or a settlement arising out of personal injury is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. (c) Subdivision (b) does not apply if the judgment creditor is a provider of health care whose claim is based on the providing of health care for the personal injury for which the award or settlement was made. (d) Where an award of damages or a settlement arising out of personal injury is payable periodically, the amount of such periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  8. 704.150.

    ## 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 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Some wrongful-death recoveries are exempt from collection, with limits and 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 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. ) ## 704.150. (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making a claim. (b) Except as provided in subdivision (c), an award of damages or a settlement arising out of the wrongful death of the judgment debtor’s spouse or a person on whom the judgment debtor or the judgment debtor’s spouse was dependent is exempt to the extent reasonably necessary for support of the judgment debtor and the spouse and dependents of the judgment debtor. (c) Where an award of damages or a settlement arising out of the wrongful death of the judgment debtor’s spouse or a person on whom the judgment debtor or the judgment debtor’s spouse was dependent is payable periodically, the amount of such a periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  9. 704.160.

    ## 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 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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    Workers’ compensation claims and awards are generally exempt, but support creditors can seek to apply temporary disability benefits to support judgments in limited 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 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. ) ## 704.160. (a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers’ compensation or workers’ compensation awarded or adjudged is exempt without making a claim. Except as specified in subdivision (b), after payment, the award is exempt. (b) Notwithstanding any other provision of law, during the payment of workers’ compensation temporary disability benefits described in subdivision (a) to a support judgment debtor, the support judgment creditor may, through the appropriate local child support agency, seek to apply the workers’ compensation temporary disability benefit payment to satisfy the support judgment as provided by Section 17404 of the Family Code. (c) Notwithstanding any other provision of law, during the payment of workers’ compensation temporary disability benefits described in subdivision (a) to a support judgment debtor under a support judgment, including a judgment for reimbursement of public assistance, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the temporary disability benefit payments to satisfy the support judgment by an earnings assignment order for support, as defined in Section 5208 of the Family Code, or any other applicable enforcement procedure. The amount to be withheld pursuant to the earnings assignment order for support or other enforcement procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest dollar. Otherwise, the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an order assigning earnings under this subdivision an amount reflecting the actual cost of administration of this assignment, up to two dollars ($2) for each payment. (d) Unless the provision or context otherwise requires, the following definitions govern the construction of this section. (1) “Judgment debtor” or “support judgment debtor” means a person who is owing a duty of support. (2) “Judgment creditor” or “support judgment creditor” means the person to whom support has been ordered to be paid. (3) “Support” refers to an obligation owing on behalf of a child, spouse, or family; or an amount owing pursuant to Section 17402 of the Family Code. It also includes past due support or arrearage when it exists. (Amended by Stats. 2000, Ch. 808, Sec. 16. Effective September 28, 2000.)
  10. 704.170.

    ## 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 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 aid payments are exempt from the claim process both before and after payment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.170. Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a charitable organization or a fraternal benefit society as defined in Section 10990 of the Insurance Code, is exempt without making a claim. After payment, the aid is exempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  11. 704.180.

    ## 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 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 ↗

    Relocation benefits for displacement from a dwelling are exempt, both before payment and after payment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.180. Before payment, relocation benefits for displacement from a dwelling which are to be paid pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code or the federal “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” (42 U.S.C. Sec. 4601 et seq.), as amended, are exempt without making a claim. After payment, the benefits are exempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  12. 704.190.

    ## 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 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 defines “institution of higher education” and exempts qualifying student financial aid for school expenses from claim 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 3. Exempt Property [704.010 - 704.235] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.190. (a) As used in this section, “institution of higher education” means “institution of higher education” as defined in Section 1141(a) of Title 20 of the United States Code, as amended. (b) Before payment, financial aid for expenses while attending school provided to a student by an institution of higher education is exempt without making a claim. After payment, the aid is exempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  13. 704.200.

    ## 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 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 ↗

    A family plot is exempt without a claim, and a cemetery plot for the judgment debtor and spouse is also exempt unless subdivision (d) 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 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. ) ## 704.200. (a) As used in this section: (1) “Cemetery” has the meaning provided by Section 7003 of the Health and Safety Code. (2) “Family plot” is a plot that satisfies the requirements of Section 8650 of the Health and Safety Code. (3) “Plot” has the meaning provided by Section 7022 of the Health and Safety Code. (b) A family plot is exempt without making a claim. (c) Except as provided in subdivision (d), a cemetery plot for the judgment debtor and the spouse of the judgment debtor is exempt. (d) Land held for the purpose of sale or disposition as cemetery plots or otherwise is not exempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  14. 704.210.

    ## 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 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 ↗

    Property that is not subject to enforcement of a money judgment is exempt without making a claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.210. Property that is not subject to enforcement of a money judgment is exempt without making a claim. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  15. 704.220.

    ## 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 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 money in a judgment debtor’s deposit account is exempt from levy up to a specified need-based amount, with exceptions and special rules for multiple 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. ) ## 704.220. (a) Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for Region 1, established by Section 11452 of the Welfare and Institutions Code and as annually adjusted by the State Department of Social Services pursuant to Section 11453 of the Welfare and Institutions Code, is exempt without making a claim. (b) (1) Subdivision (a) does not preclude or reduce a judgment debtor’s right to any other exemption provided by state or federal law. (2) If the financial institution holding the judgment debtor’s deposit account has actual knowledge that the judgment debtor is entitled to one or more exemptions that the financial institution is required to apply pursuant to federal law or state law other than that set forth in subdivision (a), the following shall apply: (A) If the sum of the amount of money in the deposit account that would be exempt from levy under the additional exemptions is less than or equal to the amount set forth in subdivision (a), the additional exemptions described in this paragraph shall be considered encompassed within the exemption set forth in subdivision (a) and subdivision (a) shall apply. (B) If the sum of the amount of money in the deposit account that would be exempt from levy under the additional exemptions is greater than the amount set forth in subdivision (a), subdivision (a) shall not apply and instead money in the deposit account equal to or less than the sum of the additional exemptions is exempt without making a claim. (c) Subdivision (a) does not apply to money levied upon to satisfy any of the following: (1) A levy to satisfy a judgment for wages owed, child support, or spousal support. For purposes of this paragraph, “wages owed” includes damages and penalties. (2) A provision of the Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code. (3) A warrant or notice of levy issued by the state, or any department or agency thereof, for the collection of a liability. (d) A levy against a judgment debtor’s deposit account shall include a written description of the requirements of this section. (e) (1) The exemption applies per debtor, not per account. (2) If a judgment debtor holds an interest in multiple accounts at a single financial institution, the judgment creditor or judgment debtor may file an ex parte application in the superior court in which the judgment was entered for a hearing to establish how and to which account the exemption should be applied. Subject to a service of an order issued in that hearing, if any, the financial institution may determine how and to which account the exemption should be applied. This paragraph does not create a cause of action against a judgment creditor who executes a levy or against a financial institution that complies with a levy pursuant to the court’s determination. (3) If a judgment debtor holds an interest in multiple accounts at two or more financial institutions, the judgment creditor shall, and the judgment debtor may, file an ex parte application in the superior court in which the judgment was entered for a hearing to establish how and to which account the exemption should be applied. Subject to a service of an order issued in that hearing, if any, the financial institutions shall comply with the levy subject to the exemption. This paragraph does not create a cause of action against a judgment creditor who executes a levy or against a financial institution which complies with a levy pursuant to the court’s determination. (4) Notwithstanding paragraph (2), if a judgment debtor holds multiple accounts at a single financial institution, and those accounts cumulatively contain an amount less than or equal to the amount specified in subdivision (a), the financial institution shall protect the full amount in those accounts. (5) Notwithstanding paragraph (2), if a judgment debtor holds multiple accounts at a single financial institution, and each of those accounts contains an amount less than the amount specified in subdivision (a) but the accounts cumulatively contain an amount greater than the amount specified in subdivision (a), the financial institution shall protect an aggregate amount equal to the amount specified in subdivision (a). (f) Subdivision (e) of Section 700.140 applies to a financial institution acting under this section. (g) The Judicial Council shall amend or adopt all forms necessary to implement this section. The forms shall clearly delineate the amount of funds exempt from levy by a financial institution, including funds exempted by this section. (h) This section shall become operative on September 1, 2020. (Amended by Stats. 2024, Ch. 514, Sec. 8. (AB 2837) Effective January 1, 2025.)
  16. 704.225.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 money in a judgment debtor’s deposit account is exempt if needed to support the debtor, the debtor’s spouse, and dependents.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.225. Money in a judgment debtor’s deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. (Added by Stats. 2019, Ch. 552, Sec. 9. (SB 616) Effective January 1, 2020.)
  17. 704.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 provided by FEMA to a judgment debtor is exempt, and no claim is required.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.230. Money provided to the judgment debtor by the Federal Emergency Management Agency (FEMA) is exempt without making a claim. (Added by Stats. 2019, Ch. 552, Sec. 10. (SB 616) Effective January 1, 2020.)
  18. 704.235.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 one-time lump-sum HOPE trust account payments are exempt from levy, unless subdivision (b) applies. Financial institutions receiving such payments directly from the state must treat them as exempt if they are properly labeled or identified.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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. ) ## 704.235. (a) A one-time lump-sum payment made from a HOPE trust account, as defined in subdivision (a) of Section 18997.51 of the Welfare and Institutions Code, shall be exempt without making a claim, except as provided in subdivision (b). (b) A one-time lump-sum payment described in subdivision (a) is not exempt from a levy in connection with child support, spousal support, family support, or a criminal restitution. (c) A financial institution that receives a payment described in subdivision (a) directly from the state shall treat the payment as exempt from levy if it is designated “HOPE trust account payment” or if the payment is otherwise sufficiently identified to inform the financial institution that the payment is a HOPE trust account payment. (Added by Stats. 2024, Ch. 1010, Sec. 2. (SB 242) Effective January 1, 2025.)
  19. 704.710.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the homestead exemption article, including “dwelling,” “family unit,” “homestead,” and “spouse.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.710. As used in this article: (a) “Dwelling” means a place where a person resides and may include but is not limited to the following: (1) A house together with the outbuildings and the land upon which they are situated. (2) A mobilehome together with the outbuildings and the land upon which they are situated. (3) A boat or other waterborne vessel. (4) A condominium, as defined in Section 783 of the Civil Code. (5) A planned development, as defined in Section 11003 of the Business and Professions Code. (6) A stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. (7) A community apartment project, as defined in Section 11004 of the Business and Professions Code. (b) “Family unit” means any of the following: (1) The judgment debtor and the judgment debtor’s spouse if the spouses reside together in the homestead. (2) The judgment debtor and at least one of the following persons who the judgment debtor cares for or maintains in the homestead: (A) The minor child or minor grandchild of the judgment debtor or the judgment debtor’s spouse or the minor child or grandchild of a deceased spouse or former spouse. (B) The minor brother or sister of the judgment debtor or judgment debtor’s spouse or the minor child of a deceased brother or sister of either spouse. (C) The father, mother, grandfather, or grandmother of the judgment debtor or the judgment debtor’s spouse or the father, mother, grandfather, or grandmother of a deceased spouse. (D) An unmarried relative described in this paragraph who has attained the age of majority and is unable to take care of or support himself or herself. (3) The judgment debtor’s spouse and at least one of the persons listed in paragraph (2) who the judgment debtor’s spouse cares for or maintains in the homestead. (c) “Homestead” means the principal dwelling (1) in which the judgment debtor or the judgment debtor’s spouse resided on the date the judgment creditor’s lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor’s spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. Where exempt proceeds from the sale or damage or destruction of a homestead are used toward the acquisition of a dwelling within the six-month period provided by Section 704.720, “homestead” also means the dwelling so acquired if it is the principal dwelling in which the judgment debtor or the judgment debtor’s spouse resided continuously from the date of acquisition until the date of the court determination that the dwelling is a homestead, whether or not an abstract or certified copy of a judgment was recorded to create a judgment lien before the dwelling was acquired. (d) “Spouse” does not include a married person following entry of a judgment decreeing legal separation of the parties, unless such married persons reside together in the same dwelling. (Amended by Stats. 1983, Ch. 1159, Sec. 11. Operative July 1, 1984, by Sec. 17 of Ch. 1159.)
  20. 704.720.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A homestead, and certain related proceeds, are exempt from sale or collection under this division, subject to the section’s limits 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.720. (a) A homestead is exempt from sale under this division to the extent provided in Section 704.800. (b) If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or destruction of the homestead or the proceeds received as compensation for a homestead acquired for public use are exempt in the amount of the homestead exemption provided in Section 704.730. The proceeds are exempt for a period of six months after the time the proceeds are actually received by the judgment debtor, except that, if a homestead exemption is applied to other property of the judgment debtor or the judgment debtor’s spouse during that period, the proceeds thereafter are not exempt. (c) If the judgment debtor and spouse of the judgment debtor reside in separate homesteads, only the homestead of one of the spouses is exempt and only the proceeds of the exempt homestead are exempt. (d) If a judgment debtor is not currently residing in the homestead, but his or her separated or former spouse continues to reside in or exercise control over possession of the homestead, that judgment debtor continues to be entitled to an exemption under this article until entry of judgment or other legally enforceable agreement dividing the community property between the judgment debtor and the separated or former spouse, or until a later time period as specified by court order. Nothing in this subdivision shall entitle the judgment debtor to more than one exempt homestead. Notwithstanding subdivision (d) of Section 704.710, for purposes of this article, “spouse” may include a separated or former spouse consistent with this subdivision. (Amended by Stats. 2007, Ch. 153, Sec. 1. Effective January 1, 2008.)
  21. 704.730.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The homestead exemption is the greater of a countywide median home sale price amount (capped at $600,000) or $300,000, and those amounts adjust annually for inflation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.730. (a) The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000). (2) Three hundred thousand dollars ($300,000). (b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, 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 one-year period ending on December 31 preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25). (Amended by Stats. 2024, Ch. 80, Sec. 24. (SB 1525) Effective January 1, 2025.)
  22. 704.740.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A natural person’s interest in a dwelling generally cannot be sold to enforce a money judgment unless a court order for sale is obtained 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.740. (a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article. (b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy: (1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply. (2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510). (Amended by Stats. 1984, Ch. 538, Sec. 26.)
  23. 704.750.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a dwelling is levied on, the levying officer must notify the judgment creditor, and the creditor must act within 20 days or the dwelling 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 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.750. (a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling. (b) If the dwelling is located in a county other than the county where the judgment was entered: (1) The judgment creditor shall apply to the superior court of the county where the dwelling is located. (2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment. (3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 37. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  24. 704.760.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor’s application about a dwelling must be under oath, describe the dwelling, and include specified statements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.760. The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling and the person or persons who claimed any such exemption. (b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor. (c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person’s lien or encumbrance after recording. (d) A statement that the judgment is based on a consumer debt, as defined in subdivision (a) of Section 699.730, or that the judgment is not based on a consumer debt, and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor’s principal place of residence at the time it was incurred or a statement indicating which of the exemptions listed in subdivision (b) of Section 699.730 are applicable. If the statement indicates that paragraph (7) of subdivision (b) is applicable, the statement shall also provide the dollar amount of the original judgment on which the lien is based. If there is more than one basis, the statement shall indicate all bases that are applicable. (Amended by Stats. 2020, Ch. 218, Sec. 3. (AB 2463) Effective January 1, 2021.)
  25. 704.770.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a judgment creditor applies, the court must set a hearing and order the judgment debtor to show cause, and the creditor must serve specified papers 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.770. (a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause. (b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following: (1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail. (2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling. (Amended by Stats. 1985, Ch. 41, Sec. 7.)
  26. 704.780.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section sets how the court decides whether a dwelling is exempt, who bears the burden of proof, and what orders and notices the court clerk must send.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.780. (a) The burden of proof at the hearing is determined in the following manner: (1) If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead. (2) If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application. (b) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3. (c) The court clerk shall transmit a certified copy of the court order (1) to the levying officer and (2) if the court making the order is not the court in which the judgment was entered, to the clerk of the court in which the judgment was entered. (d) The court may appoint a qualified appraiser to assist the court in determining the fair market value of the dwelling. If the court appoints an appraiser, the court shall fix the compensation of the appraiser in an amount determined by the court to be reasonable, not to exceed similar fees for similar services in the community where the dwelling is located. (Amended by Stats. 1995, Ch. 196, Sec. 8. Effective July 31, 1995.)
  27. 704.790.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After an order for sale of a dwelling, the judgment creditor must serve the order and notice within 10 days, and related notices and declarations can trigger a new 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.790. (a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared: (1) The judgment debtor. (2) The judgment debtor’s spouse. (3) The attorney for the judgment debtor. (4) The attorney for the judgment debtor’s spouse. (b) Not later than 10 days after the date of the order for sale, the judgment creditor shall serve a copy of the order and a notice of the order in the form prescribed by the Judicial Council: (1) Personally or by mail on the judgment debtor and the judgment debtor’s spouse. (2) Personally on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of the order and notice in a conspicuous place at the dwelling. (c) Proof of service and of any posting shall be filed with the court and with the levying officer. If the judgment creditor fails to comply with this subdivision and with subdivision (b) in any case where this section applies, the dwelling may not be sold under the order for sale. (d) If, within 10 days after service of notice of the order, the judgment debtor or the judgment debtor’s spouse files with the levying officer a declaration that the absence of the judgment debtor and the judgment debtor’s spouse or the attorney for the judgment debtor or the judgment debtor’s spouse from the hearing was due to mistake, inadvertence, surprise, or excusable neglect and that the judgment debtor or spouse of the judgment debtor wishes to assert the homestead exemption, the levying officer shall transmit the declaration forthwith to the court. Upon receipt of the declaration, the court shall set a time and place for hearing to determine whether the determinations of the court should be modified. The time set for hearing shall be not later than 20 days after receipt of the declaration. The court clerk shall cause notice of the hearing promptly to be given to the parties. (Amended by Stats. 1985, Ch. 41, Sec. 8.)
  28. 704.800.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If no qualifying bid is received for a homestead sale, the property generally must not be sold and must be released. A later sale order is barred for one year after a subsequent application by the same 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.800. (a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judgment lien, the homestead shall not be sold and shall be released and is not thereafter subject to a court order for sale upon subsequent application by the same judgment creditor for a period of one year. (b) If no bid is received at the sale of a homestead pursuant to a court order for sale that is 90 percent or more of the fair market value determined pursuant to Section 704.780, the homestead shall not be sold unless the court, upon motion of the judgment creditor, does one of the following: (1) Grants permission to accept the highest bid that exceeds the amount of the minimum bid required by subdivision (a). (2) Makes a new order for sale of the homestead. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  29. 704.810.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levy on a homestead does not, by itself, justify accelerating the debt secured by a lien or encumbrance; if the homestead is sold under court order, the payoff amount may not include a prepayment penalty.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.810. Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order under this article the amount payable to satisfy a lien or encumbrance shall not include any penalty for prepayment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  30. 704.820.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When a dwelling is held by a judgment debtor as a joint tenancy, tenancy in common, leasehold, or similar non-fee interest, the execution sale is limited to the debtor’s interest, not the whole dwelling.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.820. If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest: (a) At an execution sale of a dwelling, the interest of the judgment debtor in the dwelling and not the dwelling shall be sold. If there is more than one judgment debtor of the judgment creditor, the interests of the judgment debtors in the dwelling shall be sold together and each of the judgment debtors entitled to a homestead exemption is entitled to apply his or her exemption to his or her own interest. (b) For the purposes of this section, all references in this article to the “dwelling” or “homestead” are deemed to be references to the interest of the judgment debtor in the dwelling or homestead. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  31. 704.830.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Sections 703.590 and 703.600 apply to proceedings 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.830. The provisions of Sections 703.590 and 703.600 apply to proceedings under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  32. 704.840.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor may recover reasonable costs in a proceeding under this article, except in a no-bid homestead sale scenario described in subdivision (b).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.840. (a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, the judgment creditor is not entitled to recover costs incurred in a proceeding under this article or costs of sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  33. 704.850.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must distribute homestead sale proceeds in a set order: liens and encumbrances first, then any applicable exemption for the judgment debtor, then the officer’s unpaid costs, then the judgment creditor’s amounts, and finally any remainder to the 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Homestead Exemption [704.710 - 704.850] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.850. (a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and encumbrances, if any, on the property. (2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720. (3) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made. (4) To the judgment creditor to satisfy the following: (A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted. (B) Second, the amount due on the judgment with costs and interest, as entered on the writ. (5) To the judgment debtor in the amount remaining. (b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  34. 704.910.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the declared homestead 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.910. As used in this article: (a) “Declared homestead” means the dwelling described in a homestead declaration. (b) “Declared homestead owner” includes both of the following: (1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homestead declaration recorded pursuant to this article. (2) The declarant named in a declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with Section 1237) of Part 4 of Division 2 of the Civil Code and the spouse of such declarant. (c) “Dwelling” means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a “dwelling” as defined in Section 704.710, but does not include a leasehold estate with an unexpired term of less than two years or the interest of the beneficiary of a trust. (d) “Homestead declaration” includes both of the following: (1) A homestead declaration recorded pursuant to this article. (2) A declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code. (e) “Spouse” means a “spouse” as defined in Section 704.710. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  35. 704.920.

    ## 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An owner or an owner’s spouse who lives in a dwelling may declare it a homestead by recording a homestead declaration 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.920. A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead declaration in the office of the county recorder of the county where the dwelling is located. From and after the time of recording, the dwelling is a declared homestead for the purposes of this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  36. 704.930.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A homestead declaration must include specific information and be signed and acknowledged by an authorized person.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.930. (a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling selected as the declared homestead. (2) A description of the declared homestead. (3) A statement that the declared homestead is the principal dwelling of the declared homestead owner or such person’s spouse, and that the declared homestead owner or such person’s spouse resides in the declared homestead on the date the homestead declaration is recorded. (b) The homestead declaration shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property by at least one of the following persons: (1) The declared homestead owner. (2) The spouse of the declared homestead owner. (3) The guardian or conservator of the person or estate of either of the persons listed in paragraph (1) or (2). The guardian or conservator may execute, acknowledge, and record a homestead declaration without the need to obtain court authorization. (4) A person acting under a power of attorney or otherwise authorized to act on behalf of a person listed in paragraph (1) or (2). (c) The homestead declaration shall include a statement that the facts stated in the homestead declaration are known to be true as of the personal knowledge of the person executing and acknowledging the homestead declaration. If the homestead declaration is executed and acknowledged by a person listed in paragraph (3) or (4) of subdivision (b), it shall also contain a statement that the person has authority to so act on behalf of the declared homestead owner or the spouse of the declared homestead owner and the source of the person’s authority. (Amended by Stats. 2016, Ch. 50, Sec. 17. (SB 1005) Effective January 1, 2017.)
  37. 704.940.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A homestead declaration does not limit the right to convey or encumber the declared homestead, and a properly recorded declaration serves as evidence of the stated 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.940. A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  38. 704.950.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment lien generally does not attach to a declared homestead if a homestead declaration was recorded first and names the judgment debtor or spouse as owner.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.950. (a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 does not attach to a declared homestead if both of the following requirements are satisfied: (1) A homestead declaration describing the declared homestead was recorded prior to the time the abstract or certified copy of the judgment was recorded to create the judgment lien. (2) The homestead declaration names the judgment debtor or the spouse of the judgment debtor as a declared homestead owner. (b) This section does not apply to a judgment lien created under Section 697.320 by recording a certified copy of a judgment for child, family, or spousal support. (c) A judgment lien attaches to a declared homestead in the amount of any surplus over the total of the following: (1) All liens and encumbrances on the declared homestead at the time the abstract of judgment or certified copy of the judgment is recorded to create the judgment lien. (2) The homestead exemption set forth in Section 704.730. (Amended by Stats. 1992, Ch. 163, Sec. 44. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  39. 704.960.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a declared homestead is voluntarily sold, the sale proceeds are exempt for six months. If those proceeds are reinvested in a new dwelling within six months, the new dwelling may be declared a homestead by recording a homestead declaration on 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 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.960. (a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six months after the date of sale. (b) If the proceeds of a declared homestead are invested in a new dwelling within six months after the date of a voluntary sale or within six months after proceeds of an execution sale or of insurance or other indemnification for damage or destruction are received, the new dwelling may be selected as a declared homestead by recording a homestead declaration within the applicable six-month period. In such case, the homestead declaration has the same effect as if it had been recorded at the time the prior homestead declaration was recorded. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  40. 704.965.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A recorded homestead declaration can get the increased exemption amount from a later amendment, unless the judgment creditor got a lien on the declared homestead before that amendment’s 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 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.965. If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption, the amount of the exemption for the purposes of subdivision (c) of Section 704.950 and Section 704.960 is the increased amount, except that, if the judgment creditor obtained a lien on the declared homestead prior to the operative date of the amendment to Section 704.730, the exemption for the purposes of subdivision (c) of Section 704.950 and Section 704.960 shall be determined as if that amendment to Section 704.730 had not been enacted. (Added by Stats. 1984, Ch. 454, Sec. 2.)
  41. 704.970.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A recorded or unrecorded homestead declaration does not stop levy rights under a writ of execution, and levies and sales of a dwelling must comply with Article 4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.970. Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution. (b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made in compliance with Article 4 (commencing with Section 704.710) and the judgment debtor and the judgment creditor shall have all the rights and benefits provided by that article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  42. 704.980.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A declared homestead may be abandoned by filing a declaration of abandonment, and the declaration must be executed and acknowledged properly.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.980. (a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code. (b) A declaration of abandonment shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property. It shall be executed and acknowledged by a declared homestead owner or by a person authorized to act on behalf of a declared homestead owner. If it is executed and acknowledged by a person authorized to act on behalf of a declared homestead owner, the declaration shall contain a statement that the person has authority to act on behalf of the declared homestead owner and the source of the person’s authority. (c) The declaration of abandonment does not affect the declared homestead of any person other than the declared homestead owner named in the declaration of abandonment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  43. 704.990.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A declared homestead is abandoned if the owner or an authorized person records a new homestead declaration on different property, but not if the new declaration includes property covered by an earlier valid 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.990. (a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared homestead owner on different property. An abandonment under this subdivision does not affect the declared homestead of any person other than the declared homestead owner named in the new homestead declaration. (b) Notwithstanding subdivision (a), if a homestead declaration is recorded which includes property described in a previously recorded homestead declaration, to the extent that the prior homestead declaration is still valid, the new homestead declaration shall not be considered an abandonment of the prior declared homestead. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  44. 704.995.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 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 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The declared homestead protection can continue after the owner dies if the dwelling was the principal dwelling of the surviving spouse or a family member who receives all or part of the owner’s 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 4. Exemptions [703.010 - 704.995] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Declared Homesteads [704.910 - 704.995] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 704.995. (a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or more of the following persons to whom all or part of the interest of the deceased declared homestead owner passes: (1) The surviving spouse of the decedent. (2) A member of the family of the decedent. (b) The protection of the declared homestead provided by subdivision (a) continues regardless of whether the decedent was the sole owner of the declared homestead or owned the declared homestead with the surviving spouse or a member of the decedent’s family and regardless of whether the surviving spouse or the member of the decedent’s family was a declared homestead owner at the time of the decedent’s death. (c) The amount of the homestead exemption is determined pursuant to Section 704.730 depending on the circumstances of the case at the time the amount is required to be determined. (Added by Stats. 1984, Ch. 538, Sec. 27.)
  45. 706.010.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Short Title; Definitions [706.010 - 706.011] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This chapter is known and may be cited as the “Wage Garnishment 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Short Title; Definitions [706.010 - 706.011] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.010. This chapter shall be known and may be cited as the “Wage Garnishment Law.” (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  46. 706.011.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Short Title; Definitions [706.010 - 706.011] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the wage garnishment 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Short Title; Definitions [706.010 - 706.011] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.011. As used in this chapter: (a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law. (b) “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. (c) “Earnings withholding order for elder or dependent adult financial abuse” means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code. (d) “Earnings assignment order for support” means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support. (e) “Employee” means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. (f) “Employer” means a person for whom an individual performs services as an employee. (g) “Judgment creditor,” as applied to the state, means the specific state agency seeking to collect a judgment or tax liability. (h) “Judgment debtor” includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706.070), whether or not a judgment has been obtained on such tax liability. (i) “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. (Amended by Stats. 2012, Ch. 474, Sec. 1. (AB 1775) Effective January 1, 2013. Operative July 1, 2013, by Sec. 3 of Ch. 474.)
  47. 706.020.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An employer generally cannot be required to withhold an employee’s earnings to pay a debt through judicial process, except for a support earning assignment order or procedures 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.020. Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by means of any judicial procedure other than pursuant to this chapter. (Amended by Stats. 1992, Ch. 163, Sec. 46. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  48. 706.021.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levy of execution on an employee’s earnings must be carried out by serving an earnings withholding order on the judgment debtor’s employer, following 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtor’s employer in accordance with this chapter. (Amended by Stats. 2025, Ch. 708, Sec. 6. (AB 774) Effective January 1, 2026.)
  49. 706.022.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor may not enforce an earnings withholding order past the enforceability period, and an employer must withhold required amounts from employee earnings during the withholding period, subject to statutory 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor’s employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor’s employer, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor’s employer. The withholding period shall continue until the earliest of the following dates: (1) The date the employer has withheld the full amount required to satisfy the order. (2) The date of termination specified in a court order served on the employer. (3) The date of termination specified in a notice of termination served on the employer by the levying officer. (4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032. (b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period. (c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a). (Amended by Stats. 2025, Ch. 708, Sec. 7. (AB 774) Effective January 1, 2026.)
  50. 706.023.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Employers must follow the first earnings withholding order served, with special priority rules for elder or dependent adult financial abuse orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.023. Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the employer is served with two or more earnings withholding orders on the same day, the employer shall comply with the order issued pursuant to the judgment first entered. If two or more orders served on the same day are based on judgments entered upon the same day, the employer shall comply with whichever one of the orders the employer selects. (c) If an earnings withholding order is served while an employer is required to comply with another earnings withholding order with respect to the earnings of the same employee, the subsequent order is ineffective and the employer shall not withhold earnings pursuant to the subsequent order, except as provided in subdivision (d). (d) Notwithstanding any other provisions of this section, a withholding order for elder or dependent adult financial abuse has priority over any other earning withholding order except for a withholding order for support under Section 706.030 and a withholding order for taxes under Section 706.072. (1) An employer upon whom a withholding order for elder or dependent adult financial abuse is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order except as provided in paragraph (2). (2) An employer shall not withhold earnings of an employee pursuant to an earnings withholding order for elder or dependent adult financial abuse if a withholding order for support or for taxes is in effect or if a prior withholding order for elder or dependent adult financial abuse is in effect. In that case, the subsequent withholding order for elder or dependent financial abuse is ineffective. (3) When an employer is required to cease withholding earnings pursuant to a prior earnings withholding order, the employer shall notify the levying officer who served the prior earnings withholding order that a supervening earnings withholding order for elder or dependent financial abuse is in effect. (Amended by Stats. 2010, Ch. 64, Sec. 2. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
  51. 706.024.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer may notify the employer of the amount to withhold, and the employer must use that notice to determine the withholding amount.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.024. (a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the order is issued, with the following additions and subtractions: (1) The addition of the statutory fee for service of the order and any other statutory fees for performing duties under the order. (2) The addition of costs added to the order pursuant to Section 685.090. (3) The subtraction of the amount of any partial satisfactions. (4) The addition of daily interest accruing after issuance of the order, as adjusted for partial satisfactions. (b) From time to time the levying officer, in the levying officer’s discretion, may give written notice to the employer of the amount required to satisfy the earnings withholding order and the employer shall determine the total amount to withhold based upon the levying officer’s notice, notwithstanding a different amount stated in the order originally served on the employer. (c) If the full amount required to satisfy the earnings withholding order as stated in the order or in the levying officer’s notice under subdivision (b) is withheld from the judgment debtor’s earnings, interest ceases to accrue on that amount. (Added by Stats. 1992, Ch. 283, Sec. 6. Effective July 21, 1992.)
  52. 706.025.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Employers may choose to send withheld earnings to the levying officer more often than monthly; if they do, each payment is due within 10 days after the pay period ends.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.025. (a) Except as provided in subdivision (b), the amount required to be withheld pursuant to an earnings withholding order shall be paid monthly to the levying officer not later than the 15th day of each month. The initial monthly payment shall include all amounts required to be withheld from the earnings of the employee during the preceding calendar month up to the close of the employee’s pay period ending closest to the last day of that month, and thereafter each monthly payment shall include amounts withheld from the employee’s earnings for services rendered in the interim up to the close of the employee’s pay period ending closest to the last day of the preceding calendar month. (b) The employer may elect to pay the amounts withheld to the levying officer more frequently than monthly. If the employer so elects, payment of the amount withheld from the employee’s earnings for each pay period shall be made not later than 10 days after the close of the pay period. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  53. 706.026.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must receive and account for employer payments, pay them to the entitled person at least every 30 days, and file an accounting with the court at least every two years. The officer may file that accounting electronically 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.026. (a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so received over to the person entitled thereto at least once every 30 days. (b) At least once every two years, the levying officer shall file an accounting with the court, as provided by Section 699.560, for all amounts collected under the earnings withholding order, including costs and interest added to the amount due. Subject to the limitations in subdivision (c) of Section 263, the levying officer may electronically file the accounting with the court, pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1. (Amended by Stats. 2010, Ch. 680, Sec. 12. (AB 2394) Effective January 1, 2011.)
  54. 706.027.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the judgment is satisfied before the earnings withholding order otherwise ends, the judgment creditor must promptly notify the levying officer, and the levying officer must promptly terminate the order by serving notice on the employer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.027. If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the judgment creditor shall promptly notify the levying officer who shall promptly terminate the order by serving a notice of termination on the employer. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  55. 706.028.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Defines a final earnings withholding order for costs and interest and allows a judgment creditor to get one after the prior order is paid; the order is enforced like other earnings withholding orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.028. (a) “Final earnings withholding order for costs and interest” means an earnings withholding order for the collection only of unsatisfied costs and interest, which is issued after an earlier earnings withholding order has been returned satisfied. (b) After the amount stated as owing in a prior earnings withholding order is paid, the judgment creditor may obtain a final earnings withholding order for costs and interest to collect amounts of costs and interest that were not collected under the prior earnings withholding order. (c) A final earnings withholding order for costs and interest shall be enforced in the same manner as other earnings withholding orders. (d) Satisfaction of the amount stated as owing in a final earnings withholding order for costs and interest is equivalent to satisfaction of the money judgment. For this purpose, interest ceases to accrue on the date of issuance of the final earnings withholding order and no additional costs may be added after that date, except for the statutory fee for service of the order and any other statutory fees for performing duties under the order. (Repealed and added by Stats. 1992, Ch. 283, Sec. 9. Effective July 21, 1992.)
  56. 706.029.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Serving an earnings withholding order creates a lien on the debtor’s earnings and certain employer property, and the lien lasts for one year from when the earnings become payable unless the withheld amount is paid as required by 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.029. Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the order and upon all property of the employer subject to the enforcement of a money judgment in the amount required to be withheld pursuant to such order. The lien continues for a period of one year from the date the earnings of the judgment debtor become payable unless the amount required to be withheld pursuant to the order is paid as required by law. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  57. 706.030.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines a support withholding order and sets duties for the local child support agency and employers handling 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.030. (a) A “withholding order for support” is an earnings withholding order issued on a writ of execution to collect delinquent amounts payable under a judgment for the support of a child, or spouse or former spouse, of the judgment debtor. A withholding order for support shall be denoted as such on its face. (b) The local child support agency may issue a withholding order for support on a notice of levy pursuant to Section 17522 of the Family Code to collect a support obligation. (1) When the local child support agency issues a withholding order for support, a reference in this chapter to a levying officer is deemed to mean the local child support agency who issues the withholding order for support. (2) Service of a withholding order for support issued by the local child support agency may be made by first-class mail or in any other manner described in Section 706.101. Service of a withholding order for support issued by the local child support agency is complete when it is received by the employer or a person described in paragraph (1) or (2) of subdivision (a) of Section 706.101, or if service is by first-class mail, service is complete as specified in Section 1013. (3) The local child support agency shall serve upon the employer the withholding order for support, a copy of the order, and a notice informing the support obligor of the effect of the order and of his or her right to hearings and remedies provided in this chapter and in the Family Code. The notice shall be accompanied by the forms necessary to obtain an administrative review and a judicial hearing and instructions on how to file the forms. Within 10 days from the date of service, the employer shall deliver to the support obligor a copy of the withholding order for support, the forms to obtain an administrative review and judicial hearing, and the notice. If the support obligor is no longer employed by the employer and the employer does not owe the support obligor any earnings, the employer shall inform the local child support agency that the support obligor is no longer employed by the employer. (4) An employer who fails to comply with paragraph (3) shall be subject to a civil penalty of five hundred dollars ($500) for each occurrence. (5) The local child support agency shall provide for an administrative review to reconsider or modify the amount to be withheld for arrearages pursuant to the withholding order for support, if the support obligor requests a review at any time after service of the withholding order. The local child support agency shall provide the review in the same manner and timeframes provided for resolution of a complaint pursuant to Section 17800 of the Family Code. The local child support agency shall notify the employer if the review results in any modifications to the withholding order for support. If the local child support agency cannot complete the administrative review within 30 calendar days of receipt of the complaint, the local child support agency shall notify the employer to suspend withholding any disputed amount pending the completion of the review and the determination by the local child support agency. (6) Nothing in this section prohibits the support obligor from seeking a judicial determination of arrearages pursuant to subdivision (c) of Section 17256 of the Family Code or from filing a motion for equitable division of earnings pursuant to Section 706.052 either prior to or after the administrative review provided by this section. Within five business days after receiving notice of the obligor having filed for judicial relief pursuant to this section, the local child support agency shall notify the employer to suspend withholding any disputed amount pending a determination by the court. The employer shall then adjust the withholding within not more than nine days of receiving the notice from the local child support agency. (c) Notwithstanding any other provision of this chapter: (1) An employer shall continue to withhold pursuant to a withholding order for support until the earliest of the dates specified in paragraph (1), (2), or (3) of subdivision (a) of Section 706.022, except that a withholding order for support shall automatically terminate one year after the employment of the employee by the employer terminates. (2) A withholding order for support has priority over any other earnings withholding order. An employer upon whom a withholding order for support is served shall withhold and pay over earnings of the employee pursuant to that order notwithstanding the requirements of another earnings withholding order. (3) Subject to paragraph (2) and to Article 3 (commencing with Section 706.050), an employer shall withhold earnings pursuant to both a withholding order for support and another earnings withholding order simultaneously. (4) An employer who willfully fails to withhold and forward support pursuant to a valid earnings withholding order for support issued and served upon the employer pursuant to this chapter is liable to the support obligee, as defined in Section 5214 of the Family Code, for the amount of support not withheld, forwarded, or otherwise paid to the support obligee. (5) Notwithstanding any other provision of law, an employer shall send all earnings withheld pursuant to a withholding order for support to the levying officer or the State Disbursement Unit as described in Section 17309 of the Family Code within the time period specified by federal law. (6) Once the State Disbursement Unit as described in Section 17309 of the Family Code is operational, all support payments made pursuant to an earnings withholding order shall be made to that unit. (7) Earnings withheld pursuant to an earnings withholding order for support shall be credited toward satisfaction of a support judgment as specified in Section 695.221. (Amended by Stats. 2003, Ch. 387, Sec. 1. Effective January 1, 2004.)
  58. 706.031.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Employers must follow support-order withholding rules first, notify the levying officer when withholding stops, and keep withholding within the article 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.031. (a) Nothing in this chapter affects an earnings assignment order for support. (b) An earnings assignment order for support shall be given priority over any earnings withholding order. An employer upon whom an earnings assignment order for support is served shall withhold and pay over the earnings of the employee pursuant to the assignment order notwithstanding the requirements of any earnings withholding order. When an employer is required to cease withholding earnings pursuant to an earnings withholding order, the employer shall notify the levying officer who served the earnings withholding order that a supervening earnings assignment order for support is in effect. (c) Subject to subdivisions (b), (d), and (e), an employer shall withhold earnings of an employee pursuant to both an earnings assignment order for support and an earnings withholding order. (d) The employer shall withhold pursuant to an earnings withholding order only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order does not exceed the amount that may be withheld under Article 3 (commencing with Section 706.050). (e) The employer shall withhold pursuant to an earnings withholding order for taxes only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order for taxes does not exceed the amount that may be withheld under Article 4 (commencing with Section 706.070). (Amended by Stats. 1992, Ch. 163, Sec. 47. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  59. 706.032.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An earnings withholding order ends after a long period with no money withheld in specified situations, and the employer must then return the order to the levying officer with an explanation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.032. (a) Except as otherwise provided by statute: (1) If withholding under an earnings withholding order ceases because the judgment debtor’s employment has terminated, the earnings withholding order terminates at the conclusion of a continuous 180-day period during which no amounts are withheld under the order. (2) If withholding under an earnings withholding order ceases because the judgment debtor’s earnings are subject to an order or assignment with higher priority, the earnings withholding order terminates at the conclusion of a continuous two-year period during which no amounts are withheld under the order. (b) If an earnings withholding order has terminated pursuant to subdivision (a), the employer shall return the order to the levying officer along with a statement of the reasons for returning the order. (Added by Stats. 1992, Ch. 283, Sec. 11. Effective July 21, 1992.)
  60. 706.033.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a writ is returned before the earnings withholding order ends, the levying officer must file a supplemental return when the order terminates.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.033. If the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer shall make a supplemental return on the writ. The supplemental return shall contain the same information as an original return pursuant to Section 699.560. (Added by Stats. 1992, Ch. 283, Sec. 12. Effective July 21, 1992.)
  61. 706.034.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An employer may deduct $1.50 from an employee’s earnings for each payment made under an earnings withholding order issued 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. General Provisions [706.020 - 706.034] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.034. The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made in accordance with an earnings withholding order issued pursuant to this chapter. (Amended by Stats. 2004, Ch. 520, Sec. 1. Effective January 1, 2005.)
  62. 706.050.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section caps how much of an individual judgment debtor’s disposable earnings can be taken each workweek under an earnings withholding order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.050. (a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty percent of the individual’s disposable earnings for that week. (2) Forty percent of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph. (b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1): (1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a). (2) For a biweekly pay period, multiply the applicable hourly minimum wage by 96 work hours. (3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours. (4) For a monthly pay period, multiply the applicable hourly minimum wage by 208 work hours. (c) This section shall become operative on September 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2022, Ch. 849, Sec. 2. (SB 1477) Effective January 1, 2023. Operative September 1, 2023, by its own provisions.)
  63. 706.051.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment debtor may exempt from levy the part of earnings needed for support, unless one of four 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.051. (a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor. (b) Except as provided in subdivision (c), the portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter. (c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies: (1) The debt was incurred pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code. (2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor. (3) The order is a withholding order for support under Section 706.030. (4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order). (Amended by Stats. 2011, Ch. 694, Sec. 1. (AB 1388) Effective January 1, 2012.)
  64. 706.052.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Some earnings used for support are exempt from levy, and the court may have to divide the debtor’s earnings equitably on motion of an interested 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.052. (a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code) of the judgment debtor, plus any amount withheld from the judgment debtor’s earnings pursuant to any earnings assignment order for support, is exempt from levy under this chapter where the earnings withholding order is a withholding order for support under Section 706.030. (b) Except as provided in subdivision (c), upon motion of any interested party, the court shall make an equitable division of the judgment debtor’s earnings that takes into account the needs of all the persons the judgment debtor is required to support and shall effectuate such division by an order determining the amount to be withheld from the judgment debtor’s earnings pursuant to the withholding order for support. (c) An order made under subdivision (b) may not authorize the withholding of an amount in excess of the amount that may be withheld for support under federal law under Section 1673 of Title 15 of the United States Code. (Amended by Stats. 1992, Ch. 163, Sec. 48. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  65. 706.100.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Judicial Council may make rules on practice and procedure for proceedings under this chapter, except for state administrative hearings under Article 4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.100. Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for the state’s administrative hearings provided by Article 4 (commencing with Section 706.070). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  66. 706.101.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says how an earnings withholding order must be served on an employer, with special rules for mail, state-issued orders, and fallback steps if returns are not 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.101. (a) An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to any of the following: (1) The managing agent or person in charge, at the time of service, of the branch or office where the employee works or the office from which the employee is paid. In the case of a state employee, the office from which the employee is paid does not include the Controller’s office unless the employee works directly for the Controller’s office. (2) Any person to whom a copy of the summons and of the complaint may be delivered to make service on the employer under Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5. (b) Service of an earnings withholding order shall be made by personal delivery as provided in Section 415.10 or 415.20 or by delivery by first-class mail, postage prepaid. When service is made by first-class mail, service is complete at the time of receipt of the earnings withholding order, as indicated in the employer’s return, or the date of mailing if the date of receipt is not indicated on the employer’s return. If the levying officer attempts service by first-class mail under this subdivision and does not receive the employer’s return within 15 days from the date of mailing, the levying officer shall make service as provided in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5. For purposes of this section, “employer’s return” refers to the Judicial Council-issued form specified by Section 706.126. (c) The state may issue an earnings withholding order directly, without the use of a levying officer, for purposes of collecting overpayments of unemployment compensation or disability benefits pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2 of Part 2 of, Division 1 of the Unemployment Insurance Code. The earnings withholding order shall be served by registered or certified mail, postage prepaid, with return receipt requested. Service is deemed complete at the time the return receipt is executed by, or on behalf of, the recipient. If the state does not receive a return receipt within 15 days from the date of deposit in the mail of the withholding order, the state shall refer the earnings withholding order to a levying officer for service in accordance with subdivision (b). (d) Except as provided in subdivision (b) or (c), service of any notice or document under this chapter may be made by first-class mail, postage prepaid. If service is made on the employer after the employer’s return has been received by the levying officer, the service shall be made by first-class mail, postage prepaid, on the person designated in the employer’s return to receive notices and at the address indicated in the employer’s return, whether or not that address is within the county. This subdivision does not preclude service by personal delivery (1) on the employer before the employer’s return has been received by the levying officer or (2) on the person designated in the employer’s return after its receipt. (e) Notwithstanding subdivision (b), if the judgment creditor so requests, the levying officer shall make service of the earnings withholding order by personal delivery as provided in Section 415.10 or 415.20. (Amended by Stats. 2010, Ch. 680, Sec. 13. (AB 2394) Effective January 1, 2011.)
  67. 706.102.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor may apply for an earnings withholding order in the county where the employer will be served, and the levying officer must promptly issue it if the listed 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.102. (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may apply for the issuance of an earnings withholding order by filing an application with a levying officer in such county who shall promptly issue an earnings withholding order. (b) This section does not apply where the earnings withholding order is a withholding order for taxes. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  68. 706.103.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must serve specified earnings-withholding documents on the designated employer and give the employer a copy of the instructions, unless the Judicial Council has set rules excusing that step. An earnings withholding order cannot be served after the deadline in Section 699.530(b).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.103. (a) The levying officer shall serve upon the designated employer all of the following: (1) The original and one copy of the earnings withholding order. (2) The form for the employer’s return. (3) The notice to the employee of the earnings withholding order. (4) A copy of the form that the judgment debtor may use to make a claim of exemption. (5) A copy of the form the judgment debtor may use to provide a financial statement. (b) At the time the levying officer makes service pursuant to subdivision (a), the levying officer shall provide the employer with a copy of the employer’s instructions referred to in Section 706.127. The Judicial Council may adopt rules prescribing the circumstances when compliance with this subdivision is not required. (c) No earnings withholding order shall be served upon the employer after the time specified in subdivision (b) of Section 699.530. (Amended by Stats. 2024, Ch. 514, Sec. 11. (AB 2837) Effective January 1, 2025.)
  69. 706.104.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An employer served with an earnings withholding order must give the judgment debtor specified copies within 10 days and mail the employer’s return to the levying officer within 15 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.104. Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and a copy of the form the judgment debtor may use to provide a financial statement within 10 days from the date of service. If the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make such delivery. The employer is not subject to any civil liability for failure to comply with this subdivision. Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with this subdivision. (b) Complete the employer’s return on the form provided by the levying officer and mail it by first-class mail, postage prepaid, to the levying officer within 15 days from the date of service. If the earnings withholding order is ineffective, the employer shall state in the employer’s return that the order will not be complied with for this reason and shall return the order to the levying officer with the employer’s return. (Amended by Stats. 2013, Ch. 64, Sec. 6. (SB 233) Effective January 1, 2014.)
  70. 706.105.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section lets a judgment debtor claim an exemption from an earnings withholding order and sets notice, hearing, service, return-of-wages, and timing rules for objections and enforcement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances: (1) No prior hearing has been held with respect to the earnings withholding order. (2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order. (b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtor’s claim of exemption and (2) the judgment debtor’s financial statement. (c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following: (1) A copy of the claim of exemption. (2) A copy of the financial statement. (3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption. (d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption. (e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. 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. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court. (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. (f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following: (1) A notice that the earnings withholding order has been terminated if all of the judgment debtor’s earnings were claimed to be exempt. (2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtor’s earnings was claimed to be exempt. (g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated. (1) Where the judgment debtor’s wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor’s exempt wages. 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 by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 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. (2) Where the judgment debtor’s wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor’s exempt wages. 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 by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to 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. (3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt 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. (h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. (i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period. (j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken. (k) This section does not apply to a withholding order for support or a withholding order for taxes. (Amended by Stats. 2025, Ch. 708, Sec. 8. (AB 774) Effective January 1, 2026.)
  71. 706.106.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Courts do not have to make findings in proceedings 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.106. No findings are required in court proceedings under this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  72. 706.108.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section lets a judgment creditor use a registered process server to issue and serve an earnings withholding order, but only within the stated timing limits and paperwork steps.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.108. (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order. (b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code. (c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following: (1) The original and one copy of the earnings withholding order. (2) The form for the employer’s return. (3) The notice to the employee of the earnings withholding order. (4) A copy of the form that the judgment debtor may use to make a claim of exemption. (5) A copy of the form the judgment debtor may use to provide a financial statement. (6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council. (d) Within five court days after service under this section, all of the following shall be filed with the levying officer: (1) The writ of execution, if it is not already in the hands of the levying officer. (2) Proof of service on the employer of the papers listed in subdivision (c). (3) Instructions in writing, as required by the provisions of Section 687.010. (e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor. (f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. (Amended by Stats. 2016, Ch. 102, Sec. 3. (AB 2211) Effective January 1, 2017.)
  73. 706.109.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    An earnings withholding order cannot be issued against a judgment debtor’s spouse unless the court orders it on noticed motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims [706.100 - 706.109] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.109. An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion. (Added by Stats. 1984, Ch. 1671, Sec. 20.)
  74. 706.120.

    ## 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Judicial Council must prescribe the required forms for this chapter, unless Section 706.081 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.120. Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  75. 706.121.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An application for an earnings withholding order must be sworn and include specified information about the judgment, debtor, creditor, employer, and payee.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.121. The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following: (a) The name, the last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgment creditor. (c) The court where the judgment was entered and the date the judgment was entered. (d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim. (e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought. (f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order). (g) The name and address of the employer to whom the order will be directed. (h) The name and address of the person to whom the withheld money is to be paid by the levying officer. (Amended by Stats. 2010, Ch. 64, Sec. 3. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
  76. 706.122.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section says the employee notice for an earnings withholding order must explain wage garnishment, exemption rights, and how to claim an 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.122. The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council determines would be useful to the employee and appropriate for inclusion in the notice, including all of the following: (a) The named employer has been ordered to withhold from the earnings of the judgment debtor the amounts required to be withheld under Section 706.050, or such other amounts as are specified in the earnings withholding order, and to pay these amounts over to the levying officer for transmittal to the person specified in the order in payment of the judgment described in the order. (b) The manner of computing the amounts required to be withheld pursuant to Section 706.050. (c) The judgment debtor may be able to keep more or all of the judgment debtor’s earnings if the judgment debtor proves that the additional earnings are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor. (d) If the judgment debtor wishes a court hearing to prove that amounts should not be withheld from the judgment debtor’s earnings because they are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor, the judgment debtor shall file with the levying officer an original and one copy of the “judgment debtor’s claim of exemption” and an original and one copy of the “judgment debtor’s financial statement.” (Amended by Stats. 2013, Ch. 64, Sec. 8. (SB 233) Effective January 1, 2014.)
  77. 706.123.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment debtor’s claim of exemption must be signed under oath and must state the amount the debtor believes should be withheld from earnings each pay period and the debtor’s present mailing address.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.123. The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order and shall state the judgment debtor’s present mailing address. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  78. 706.124.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment debtor’s financial statement must be prepared to comply with Section 703.530 and must also state whether certain earnings orders are 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.124. The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and the following additional information: (a) Whether any earnings withholding orders are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor. (b) Whether any earnings assignment orders for support are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor. (Amended by Stats. 1992, Ch. 163, Sec. 49. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  79. 706.125.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An earnings withholding order must include specified debtor, creditor, court, judgment, and withholding details, and the employer must return forms, pay withheld amounts to the levying officer, and deliver copies to the debtor within set 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.125. The “earnings withholding order” shall include all of the following: (a) The name, address, and, if known, the social security number of the judgment debtor. (b) The name and address of the employer to whom the order is directed. (c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor. (d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from the claim. (e) The date of issuance of the writ of execution to the county where the earnings withholding order is sought. (f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order). (g) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the withholding period. (h) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law. (i) An order that the employer fill out the “employer’s return” and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order. (j) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the “notice to employee of earnings withholding order” within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make the delivery. (k) The name and address of the levying officer. (Amended by Stats. 2010, Ch. 64, Sec. 4. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
  80. 706.126.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Employers must execute the employer’s return under oath and provide specified information on the return form.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.126. (a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information: (1) The name and address of the levying officer to whom the form is to be returned. (2) A direction that the form be mailed to the levying officer by first-class mail, postage prepaid, no later than 15 days after the date of service of the earnings withholding order. (3) The name, the address, and, if known, the social security number of the judgment debtor. (b) In addition, the employer’s return form shall require the employer to supply all of the following information: (1) The date the earnings withholding order was served on the employer. (2) Whether the judgment debtor is employed by the employer or whether the employer otherwise owes earnings to the employee. (3) If the judgment debtor is employed by the employer or the employer otherwise owes earnings to the employee, the amount of the employee’s earnings for the last pay period and the length of this pay period. (4) Whether the employer was required on the date of service to comply with an earlier earnings withholding order and, if so, the name of the judgment creditor who secured the earlier order, the levying officer who served such order, the date it was issued, the date it was served, the expiration date of such order, and which of the earnings withholding orders the employer is required to comply with under the applicable statutory rules concerning the priority of such orders. (5) Whether the employer was required on the date of service to comply with an earnings assignment order for support and, if so, the court which issued such assignment order and the date it was issued and any other information the Judicial Council determines is needed to identify the order. (6) The name and address of the person to whom notices to the employer are to be sent. (7) The date on which the employer provided the employee a copy of the earnings withholding order and the notice of earnings withholding order, the name and title of the person who provided the order and notice, and a short description of the manner in which the order and notice were provided. (Amended by Stats. 2025, Ch. 708, Sec. 9. (AB 774) Effective January 1, 2026.)
  81. 706.127.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Judicial Council must prepare employer instructions for employers and update them when the law or withholding rules change.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.127. (a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or rules regulating the withholding of earnings. (b) Except to the extent that they are included in the forms required to be provided by the employer to the levying officer, the Judicial Council shall publish and provide to the levying officers copies of the employer’s instructions. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  82. 706.128.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor’s notice of opposition to a claim of exemption must be executed under oath and contain specified 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.128. The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following: (a) The name, last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgment creditor. (c) The date of mailing of the notice of claim of exemption. (d) The amount of the judgment debtor’s claim of exemption which the judgment creditor claims is not exempt. (e) The factual and legal grounds for the judgment creditor’s opposition to the claim of exemption. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  83. 706.129.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must keep certain exemption forms available at the office and give them out free of charge to people who want to claim an exemption under Section 706.051.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Forms; Employer’s Instructions [706.120 - 706.129] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.129. The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Section 706.051. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  84. 706.151.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The Judicial Council may do required acts and make submissions to the federal Wage and Hour Division to support California’s exemption from federal earnings garnishment 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 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.151. The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs. 1671–1677), including, but not limited to: (a) Representing and acting on behalf of the state in relation to the Administrator of the Wage and Hour Division and the administrator’s representatives with regard to any matter relating to, or arising out of, the application, interpretation, and enforcement of the laws of this state regulating withholding of earnings. (b) Submitting to the Administrator of the Wage and Hour Division in duplicate and on a current basis, a certified copy of every statute of this state affecting earnings withholding, and a certified copy of any decision in any case involving any of those statutes, made by the Supreme Court of this state. (c) Submitting to the Administrator of the Wage and Hour Division any information relating to the enforcement of earnings withholding laws of this state which the administrator may request. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  85. 706.152.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An employer who withholds earnings under this chapter and, intending to defraud the judgment creditor or judgment debtor, does not pay the withheld earnings to the levying officer commits a misdemeanor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.152. If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  86. 706.153.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    An employer must not shift the timing of an employee’s earnings to defeat or reduce a judgment creditor’s rights under an earnings withholding order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.153. (a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter. (b) If an employer violates this section, the judgment creditor may bring a civil action against the employer to recover the amount that would have been withheld and paid over pursuant to this chapter had the employer not violated this section. The remedy provided by this subdivision is not exclusive. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  87. 706.154.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If an employer does not withhold or pay over amounts required under this chapter, the judgment creditor may sue the employer. An employer that follows a written order or notice in this chapter is generally protected from civil or criminal liability unless it actively participated in fraud.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Wage Garnishment [706.010 - 706.154] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Administration and Enforcement [706.151 - 706.154] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 706.154. (a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not exclusive. (b) Notwithstanding subdivision (a), an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  88. 708.010.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section says the article may be used whenever a money judgment is enforceable, except as this section and Section 708.020(b) provide. If enforcement is stayed on appeal with a sufficient undertaking, or otherwise stayed, proceedings under the article are stayed; in the latter case, the court may expressly order 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.010. (a) Except as provided in this section and in subdivision (b) of Section 708.020, the procedure in this article may be used at any time a money judgment is enforceable. (b) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13, all proceedings under this article are stayed. In any other case where the enforcement of the judgment is stayed, all proceedings under this article are stayed unless the court otherwise expressly orders. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  89. 708.020.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may serve written interrogatories on a judgment debtor to help enforce a money judgment, and the debtor must answer them. The creditor cannot serve another set within 120 days after a prior response or examination under Article 2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.020. (a) The judgment creditor may propound written interrogatories to the judgment debtor, in the manner provided in Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4, requesting information to aid in enforcement of the money judgment. The judgment debtor shall answer the interrogatories in the manner and within the time provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4. (b) The judgment creditor may not serve interrogatories pursuant to this section within 120 days after the judgment debtor has responded to interrogatories previously served pursuant to this section or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any interrogatories so served. (c) Interrogatories served pursuant to this section may be enforced, to the extent practicable, in the same manner as interrogatories in a civil action. (d) The limitation provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4 on the number of interrogatories that may be propounded applies to each set of interrogatories propounded from time to time pursuant to this section, but does not apply cumulatively to interrogatories propounded by the judgment creditor to the judgment debtor. (Amended by Stats. 2004, Ch. 182, Sec. 11. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  90. 708.030.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may demand documents from a judgment debtor to help enforce a money judgment, but must wait 120 days after certain prior responses or examinations before serving new interrogatories or inspection demands.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Written Interrogatories to Judgment Debtor [708.010 - 708.030] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.030. (a) The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4. (b) The judgment creditor may not serve interrogatories or inspection demands pursuant to this section or Section 708.020 within 120 days after the judgment debtor has responded to the interrogatories or demands previously served pursuant to this section or Section 708.020, or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any discovery so served. (c) Inspection demands served pursuant to this section may be enforced to the extent practicable, in the same manner as inspection demands in a civil action. (Amended by Stats. 2004, Ch. 182, Sec. 12. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  91. 708.110.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may ask the court for an order requiring the judgment debtor to appear and provide information to help enforce 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.110. (a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment. (b) If the judgment creditor has not caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order upon ex parte application of the judgment creditor. (c) If the judgment creditor has caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause for the order. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte. (d) The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 30 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court. (e) Except as provided in section 708.111, the order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney’s fees incurred by the judgment creditor in this proceeding.” (Amended by Stats. 2023, Ch. 562, Sec. 1. (AB 1119) Effective January 1, 2024.)
  92. 708.111.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets special rules for consumer-debt debtor examinations, including required notices, a financial-affidavit process, and limits on warrants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.111. (a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025. (b) “Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Consumer debt does not include debts incurred due to, or obtained by tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee. Consumer debt does not include rental debt, which means unpaid rent or other unpaid financial obligation of a tenant under the tenancy that has come due. (c) Notwithstanding subdivision (e) of Section 708.110, if the order issued pursuant to section 708.110 requires a judgment debtor to appear in a case concerning consumer debt, as indicated by the judgment creditor in the application and order for appearance and examination, the order shall be accompanied by the Judicial Council form containing the list of exemptions from the enforcement judgments adopted pursuant to Section 681.030 and the notice of financial affidavit and financial affidavit forms adopted by the Judicial Council pursuant to subdivision (h). The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, the court may make an order requiring you to pay the reasonable attorney’s fees and costs incurred by the judgment creditor in this proceeding. Instead of appearing at the examination, you may file a notice of judgment debtor’s financial affidavit in a form prescribed by the court and signed under penalty of perjury and serve copies of all filed documents and the financial affidavit on the judgment creditor no later than 15 days prior to the date set for the examination.” (d) If the judgment debtor in a case concerning consumer debt states in a financial affidavit, signed under penalty of perjury, that all of their income and assets are exempt, and files with the court a notice of financial affidavit with a proof of service, the court shall cancel the examination and provide notice of cancellation to the parties. If copies of the financial affidavit are not timely served or the notice and proof of service are not timely filed with the court, the court shall not cancel the examination. (1) Within 15 days after the filing of the notice and proof of service of the financial affidavit, a judgment creditor who objects to the affidavit shall file with the court a notice of motion for an order determining the need for the debtor to appear for a debtor’s examination. If the notice of motion is not timely filed with the court, the debtor’s examination shall remain canceled. (2) The notice of motion for an order determining the need for a debtor to appear for a debtor’s examination shall include a declaration executed under oath and include a statement of facts showing good cause why a debtor’s examination is necessary notwithstanding the debtor’s financial affidavit. In an action in which the consumer debt is secured by real property or personal property, a showing of good cause is established when the plaintiff demonstrates that the debtor has not provided the plaintiff with accurate information regarding the location or condition of the security, the status of insurance on the security, or the status of the taxes due on the security. (3) The judgment creditor shall file and serve the motion described in paragraph (1) pursuant to Section 1005 and the hearing shall be held pursuant to the same section. (4) The financial affidavit and motion for an order determining the need for a debtor to appear for a debtor’s examination, as well as any pleading filed in support of the motion and any reply by the judgment debtor, shall constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice. (5) If no other evidence is offered, the court, if satisfied that sufficient facts are shown by the financial affidavit and the notice of motion, may make its determination thereon. If not satisfied, the court shall order the hearing continued for the production of other oral or documentary evidence. (6) At the conclusion of the hearing, the court shall determine by order whether the judgment debtor shall appear for a debtor’s examination. If the judgment debtor is ordered to appear, the judgment creditor shall schedule the time and place of the examination with the court. There shall be no filing fee for the judgment creditor to refile the application and order for appearance and examination for the rescheduled exam. The judgment creditor is not required to serve the application and order by personal service, but may serve them by mail or electronic service at least 30 days before the date set for examination, pursuant to Sections 1013 and 1010.6. (7) If the examination is canceled because the judgment creditor does not object or for another reason, the judgment creditor shall not file another application and order for appearance and examination until one year from the date of the prior filed application and order for appearance and examination. (e) The financial affidavit shall include the following information: (1) The number of people relying on the judgment debtor for support, including spouse, dependents, and other household members. (2) Gross monthly income from employment, including withholdings and take home pay. (3) Total monthly income from all sources other than employment. (4) Property owned, including cash, bank accounts, real estate equity, vehicles (e.g., cars, motorcycles, and boats), jewelry, securities, certificates of deposit, entity ownership, life insurance policies, and tax refunds. (5) Itemized monthly expenses. (6) Any outstanding debts, including balance owed and to whom. (7) Any other facts which support the claim of exemption. (f) In a case concerning consumer debt in which the judgment debtor claims property is exempt pursuant to law exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor, the financial affidavit shall also include the following information. The financial affidavit shall also be signed under penalty of perjury by the spouse of the judgment debtor, unless the spouses are living separate and apart. (1) The name of the spouse of the judgment debtor. (2) The 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 spouse and dependents of the judgment debtor. (4) A list of the assets of the spouse and dependents of the judgment debtor and the value of such assets. (5) All outstanding debts of the spouse and dependents of the judgment debtor. (g) A judgment debtor in a case concerning consumer debt who elects to file a financial affidavit in lieu of appearing before the court for an examination shall serve a copy of all filed documents on the judgment creditor no later than 15 days prior to the date set for the examination. (h) The Judicial Council shall adopt a notice of financial affidavit form and a financial affidavit form and revise any existing forms as necessary to implement the requirements of this section. (i) Notwithstanding Section 708.170, 1209, or 1993, or any other applicable law or court rule, for a case involving consumer debt: (1) No warrant for arrest or to appear shall be issued for a judgment debtor in a case concerning consumer debt who fails to appear for an examination under this section or to file and serve the judgment debtor’s financial affidavit. In such cases, the court shall issue an order to show cause to determine whether to issue a warrant to compel the attendance of the judgment debtor. (2) The court shall provide a judgment debtor who is ordered to appear pursuant to an order to show cause described in paragraph (1) with a reasonable opportunity to complete and file a judgment debtor’s financial affidavit described in subdivision (e). The warrant to compel the attendance of the judgment debtor shall be satisfied by the judgment debtor’s appearance or the filing of a notice of financial affidavit and proof of service pursuant to subdivision (d) certifying that the notice and financial affidavit was served on the judgment creditor. (Added by Stats. 2023, Ch. 562, Sec. 2. (AB 1119) Effective January 1, 2024.)
  93. 708.120.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section lets a judgment creditor get a court order requiring a third person to appear and answer about property or debt tied to 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.120. (a) Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning such property or debt. The affidavit in support of the judgment creditor’s application may be based on the affiant’s information and belief. (b) Not less than 10 days prior to the date set for the examination, a copy of the order shall be: (1) Served personally on the third person. (2) Served personally or by mail on the judgment debtor. (c) If the property in the third person’s possession or control in which the judgment debtor has an interest or the debt owed by the third person to the judgment debtor is described in the affidavit or application for an order under subdivision (a) in a manner reasonably adequate to permit it to be identified, service of the order on the third person creates a lien on the judgment debtor’s interest in the property or on the debt for a period of one year from the date of the order unless extended or sooner terminated by the court. (d) The judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment by application to the court on noticed motion, filed with the court and personally served on the judgment creditor not later than three days before the date set for the examination. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. If a claim of exemption is made pursuant to this section, a notice of opposition to the claim of exemption is not required. The court shall determine any claim of exemption made pursuant to this section. Failure of the judgment debtor to make a claim of exemption does not preclude the judgment debtor from later claiming the exemption unless the property or debt is described in the order in a manner reasonably adequate to permit it to be identified and the judgment debtor receives notice of the examination proceeding at least 10 days before the date set for the examination. (e) An order made pursuant to subdivision (a) shall contain the following statements in 14-point boldface type if printed or in capital letters if typed: (1) “NOTICE TO PERSON SERVED. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney’s fees incurred by the judgment creditor in this proceeding.” (2) “NOTICE TO JUDGMENT DEBTOR. The person in whose favor the judgment was entered in this action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows: (Description of property or debt). If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and personally serve a copy on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for this examination to establish your claim of exemption or your exemption may be waived.” (f) An order made pursuant to subdivision (a) is not effective unless, at the time it is served on the third person, the person serving the order tenders to the third person fees for the mileage necessary to be traveled from the third person’s residence to the place of examination. The mileage fees shall be in the same amount generally provided for witnesses when legally required to attend civil proceedings in the court where the examination proceeding is to be conducted. (Amended by Stats. 1995, Ch. 576, Sec. 3.6. Effective January 1, 1996.)
  94. 708.130.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    In an examination proceeding under this article, witnesses can be required to appear and testify before the court or referee, and the specified Evidence Code privilege does not apply.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.130. (a) Witnesses may be required to appear and testify before the court or referee in an examination proceeding under this article in the same manner as upon the trial of an issue. (b) The privilege prescribed by Article 4 (commencing with Section 970) of Chapter 4 of Division 8 of the Evidence Code does not apply in an examination proceeding under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  95. 708.140.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A court-appointed referee may conduct examination proceedings and exercise listed powers, but only the court that ordered the reference can handle contempt, attorney-fee awards, and exemption or third-party claims. Only California State Bar members are eligible to be appointed as referees, with a stated grandfather 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.140. (a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 708.205, may make a protective order authorized by Section 708.200, and may issue a warrant authorized by Section 708.170, and has the same power as the court to grant adjournments, to preserve order, and to subpoena witnesses to attend the examination, but only the court that ordered the reference has power to do the following: (1) Punish for contempt for disobeying an order of the referee. (2) Make an award of attorney’s fees pursuant to Section 708.170. (3) Determine a contested claim of exemption or determine a third-party claim under Section 708.180. (b) Only a member of the State Bar of California is eligible for appointment as a referee pursuant to this article. A person who was duly appointed as a referee prior to July 1, 1983, pursuant to the law in operation at the time of appointment, and who is available to perform the duties of a referee on July 1, 1983, shall be exempt from the requirements of this subdivision. (c) Nothing in subdivision (a) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution. (Amended by Stats. 1983, Ch. 155, Sec. 19. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  96. 708.150.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Organizations served with an examination order must designate people to appear, and the specified individual must appear if one is named.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.150. (a) (1) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts. (2) If a corporation, partnership, association, trust, limited liability company, or other organization served with an order to appear for an examination fails to designate a person to appear pursuant to paragraph (1), the order to appear for an examination shall be deemed to have been made to and served upon the individuals designated in the manner described in paragraph (2) of subdivision (c). (b) If the order to appear for an examination requires the appearance of a specified individual, the specified individual shall appear for the examination and may be accompanied by one or more officers, directors, managing agents, or other persons familiar with the property and debts of the corporation, partnership, association, trust, limited liability company, or other organization. (c) If the order to appear for the examination does not require the appearance of a specified individual, the order shall advise the corporation, partnership, association, trust, limited liability company, or other organization of all of the following: (1) The organization’s duty to make a designation under paragraph (1) of subdivision (a). (2) That the organization’s failure to make a designation under paragraph (1) of subdivision (a) shall result in the order to appear for the examination to be deemed to have been made to, and require the appearance of, the following: (A) If the organization is a corporation registered with the Secretary of State, a natural person named as the chief financial officer in the corporation’s most recent filing with the Secretary of State. If no one is so named, a natural person named as the chief executive officer in the corporation’s most recent filing with the Secretary of State. If no one is so named, a natural person named as the secretary in the corporation’s most recent filing with the Secretary of State. (B) If the organization is a limited liability company registered with the Secretary of State, the first natural person named as a manager or member in the limited liability company’s most recent filing with the Secretary of State. (C) If the organization is a limited partnership registered with the Secretary of State, the first natural person named as a general partner in the limited partnership’s most recent filing with the Secretary of State. (D) If the organization is not registered with the Secretary of State or the organization’s filings with the Secretary of State do not identify a natural person as described in subparagraph (A), (B), or (C), a natural person identified by the judgment creditor as being familiar with the property and debts of the organization, together with an affidavit or declaration signed by the judgment creditor that sets forth the factual basis for the identification of the individual. The affidavit or declaration shall be served on the organization together with the order. (3) That service of an order to appear for an examination upon an organization by any method permitted under this code or the Corporations Code, including service on the agent of the organization for service of process, shall be deemed effective service of the order to appear upon the individuals identified under subparagraphs (A), (B), (C), and (D) of paragraph (2). (d) A corporation, partnership, association, trust, limited liability company, or other organization, whether or not a party, may appear at an examination through any authorized officer, director, or employee, whether or not the person is an attorney. (e) The powers of the court under Section 708.170 extend to natural persons ordered to appear and served pursuant to this section. (f) This section shall be strictly construed and its requirements may not be varied by local rule or otherwise. (Amended by Stats. 2021, Ch. 30, Sec. 1. (AB 1580) Effective January 1, 2022.)
  97. 708.160.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets venue rules for examining a person to enforce a money judgment and requires extra filings if the judgment creditor seeks a different court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.160. (a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the money judgment is entered. (b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person’s place of residence or place of business to the place of examination is less than 150 miles. (c) If a person sought to be examined does not reside or have a place of business in the county where the judgment is entered, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person. (d) If the judgment creditor seeks an examination of a person before a court other than the court in which the judgment is entered, the judgment creditor shall file an application that shall include all of the following: (1) An abstract of judgment in the form prescribed by Section 674. (2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined. (3) Any necessary affidavit or showing for the examination as required by Section 708.110 or 708.120. (4) The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 38. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  98. 708.170.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a properly served person fails to appear for an examination, the court may order arrest or contempt, and the judgment creditor may recover reasonable attorney’s fees if the failure was without good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.170. (a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do either of the following: (A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt. (B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993. (2) If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment. (b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor. (Amended by Stats. 2023, Ch. 562, Sec. 3. (AB 1119) Effective January 1, 2024.)
  99. 708.180.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court may decide who owns the disputed property or debt, but in some good-faith claim situations it may not do so.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.180. (a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt, the court may, if the judgment creditor so requests, determine the interests in the property or the existence of the debt. The determination is conclusive as to the parties to the proceeding and the third person, but an appeal may be taken from the determination. The court may grant a continuance for a reasonable time for discovery proceedings, the production of evidence, or other preparation for the hearing. (b) The court may not make the determination provided in subdivision (a) if the third person’s claim is made in good faith and any of the following conditions is satisfied: (1) The court would not be a proper court for the trial of an independent civil action (including a creditor’s suit) for the determination of the interests in the property or the existence of the debt, and the third person objects to the determination of the matter under subdivision (a). (2) At the time an order for examination pursuant to Section 708.120 is served on the third person a civil action (including a creditor’s suit) is pending with respect to the interests in the property or the existence of the debt. (3) The court determines that the interests in the property or the existence of the debt should be determined in a creditor’s suit. (c) Upon application of the judgment creditor made ex parte, the court may make an order forbidding transfer of the property to the judgment debtor or payment of the debt to the judgment debtor until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 708.240. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just. (d) Upon application of the judgment creditor upon noticed motion, the court may, if it determines that the judgment debtor probably owns an interest in the property or that the debt probably is owed to the judgment debtor, make an order forbidding the transfer or other disposition of the property to any person or forbidding payment of the debt until the interests in the property or the existence of the debt is determined pursuant to subdivision (a) or until a creditor’s suit may be commenced and an order obtained pursuant to Section 708.240. The court shall require the judgment creditor to furnish an undertaking as provided in Section 529. The court may modify or vacate the order at any time after notice and hearing on such terms as are just. (Amended by Stats. 1998, Ch. 931, Sec. 95. Effective September 28, 1998.)
  100. 708.190.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A court may let a person claiming an interest in property or debt involved in an examination proceeding intervene, and may decide that person’s rights under Section 708.180.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.190. The court may permit a person claiming an interest in the property or debt sought to be applied in an examination proceeding to intervene in the proceeding and may determine the person’s rights in the property or debt pursuant to Section 708.180. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  101. 708.200.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    In an examination proceeding, the court may issue protective orders when justice requires, either on motion of the person being examined or on its own motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.200. In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  102. 708.205.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    After an examination proceeding, the court may apply nonexempt property or debts toward a money judgment, and that order creates a lien. If a third person claims an adverse interest or denies the debt, the court cannot make that payment order, but it may forbid transfer or payment 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Examination Proceedings [708.110 - 708.205] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.205. (a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article, the court may order the judgment debtor’s interest in the property in the possession or under the control of the judgment debtor or the third person or a debt owed by the third person to the judgment debtor to be applied toward the satisfaction of the money judgment if the property is not exempt from enforcement of a money judgment. Such an order creates a lien on the property or debt. (b) If a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt and the court does not determine the matter as provided in subdivision (a) of Section 708.180, the court may not order the property or debt to be applied toward the satisfaction of the money judgment but may make an order pursuant to subdivision (c) or (d) of Section 708.180 forbidding transfer or payment to the extent authorized by that section. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  103. 708.210.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may sue a third person who holds the debtor’s property or owes the debtor money, to apply that property or debt 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.210. If a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor, the judgment creditor may bring an action against the third person to have the interest or debt applied to the satisfaction of the money judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  104. 708.220.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment debtor must be joined in an action under this article, but the debtor is not an indispensable 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.220. The judgment debtor shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the judgment debtor may not be considered in the determination of proper venue unless otherwise provided by contract between the judgment debtor and the third person. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  105. 708.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets deadlines for starting a creditor’s suit and says it cannot be started after the money judgment enforcement period expires.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.230. (a)Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times: (1) The time when the judgment debtor may bring an action against the third person concerning the property or debt. (2) One year after creation of a lien on the property or debt pursuant to this title if the lien is created at the time when the judgment debtor may bring an action against the third person concerning the property or debt. (b) An action may not be commenced pursuant to this article after the period for enforcement of the money judgment has expired. (c) Notwithstanding Section 683.020, if an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  106. 708.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may ask the court for restraining relief against a third person in a pending creditor’s suit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.240. The judgment creditor may apply to the court in which an action under this article is pending for either or both of the following: (a) An order restraining the third person from transferring to the judgment debtor the property in which the judgment debtor is claimed to have an interest or from paying to the judgment debtor the alleged debt. The order shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the order may be made on ex parte application. The order shall remain in effect until judgment is entered in the action or until such earlier time as the court may provide in the order. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just. (b) A temporary restraining order or a preliminary injunction or both, restraining the third person from transferring to any person or otherwise disposing of the property in which the judgment debtor is claimed to have an interest, pursuant to Chapter 3 (commencing with Section 525) of Title 7, and the court may make, dissolve, and modify such orders as provided therein. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  107. 708.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    When summons is served on the third person, a lien is created on the judgment debtor’s interest in the property or debt at issue.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.250. Service of summons on the third person creates a lien on the interest of the judgment debtor in the property or on the debt owed to the judgment debtor that is the subject of an action under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  108. 708.260.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment debtor may claim an exemption from enforcement of a money judgment, but must do so by noticed motion, serving the judgment creditor at least 30 days before trial and filing an affidavit. Failure to claim the exemption is generally a waiver, unless specific service and notice conditions are not 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.260. (a)In an action brought pursuant to this article, the judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment. The claim shall be made by application to the court on noticed motion, filed with the court and served on the judgment creditor not later than 30 days before the date set for trial. Service shall be made personally or by mail. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. No notice of opposition to the claim of exemption is required. If the judgment debtor has not been named as a party to the action, the judgment debtor may obtain an order under Section 389 that the judgment debtor be made a party. Except as provided in subdivision (b), failure of the judgment debtor to make a claim of exemption is a waiver of the exemption. (b) Failure of the judgment debtor to make a claim of exemption in an action brought pursuant to this article is not a waiver of the exemption if both of the following conditions are satisfied: (1) The judgment debtor has not been served with process in the action that contains a description of the property or debt reasonably adequate to permit it to be identified. (2) The judgment debtor does not have actual notice of the pendency of the action and the identity of the property or the nature of the debt in issue. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  109. 708.270.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    In an action under this article, there is no right to a jury trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.270. There is no right to a jury trial in an action under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  110. 708.280.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court must decide exemption claims in the action and may make different orders depending on what the debtor, creditor, or third person proves.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.280. (a)The court shall determine any exemption claim made in the action. If the judgment debtor establishes to the satisfaction of the court that the property or debt is exempt from enforcement of a money judgment, the court shall so adjudge and may not make the orders referred to in subdivisions (b), (c), and (d). (b) If the judgment creditor establishes that the third person has property in which the judgment debtor has an interest or is indebted to the judgment debtor, the court shall render judgment accordingly. The property or debt may be applied to the satisfaction of the judgment creditor’s judgment against the judgment debtor as ordered by the court. (c) If the court determines that the third person has property in which the judgment debtor has an interest, the court may order the third person not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the judgment. (d) If the court determines that the third person has transferred property that was subject to a lien in favor of the judgment creditor or, contrary to court order of which the third person has notice, has paid the debt to the judgment debtor or has transferred the property, the court shall render judgment against the third person in an amount equal to the lesser of the following: (1) The value of the judgment debtor’s interest in the property or the amount of the debt. (2) The amount of the judgment creditor’s judgment against the judgment debtor remaining unsatisfied. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  111. 708.290.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may not recover certain costs from the judgment debtor as part of enforcing 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Creditor’s Suit [708.210 - 708.290] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.290. Costs incurred by or taxed against the judgment creditor in an action under this article may not be recovered from the judgment debtor as a cost of enforcing the judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  112. 708.310.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Charging Orders [708.310 - 708.320] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A money judgment against a partner or LLC member may be satisfied by charging that person’s partnership or LLC 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Charging Orders [708.310 - 708.320] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.310. If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor’s interest pursuant to Section 15907.03, 16504, or 17705.03 of the Corporations Code. (Amended by Stats. 2021, Ch. 124, Sec. 12. (AB 938) Effective January 1, 2022.)
  113. 708.320.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Charging Orders [708.310 - 708.320] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A lien on a judgment debtor’s partnership or LLC interest is created when a notice of motion for a charging order is served on the debtor and the relevant partners/members; if a charging order is issued, the lien continues, and if denied, it is extinguished.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Charging Orders [708.310 - 708.320] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.320. (a) A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: (1) All partners or the partnership. (2) All members or the limited liability company. (b) If a charging order is issued, the lien created pursuant to subdivision (a) continues under the terms of the order. If issuance of the charging order is denied, the lien is extinguished. (Amended by Stats. 2002, Ch. 451, Sec. 2. Effective January 1, 2003.)
  114. 708.410.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor with a money judgment may obtain a lien in a pending action or special proceeding, but must file a notice of lien and the judgment copy and then serve notice on appearing parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.410. (a)A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the following: (1) Any cause of action of such judgment debtor for money or property that is the subject of the action or proceeding. (2) The rights of such judgment debtor to money or property under any judgment subsequently procured in the action or proceeding. (b) To obtain a lien under this article, the judgment creditor shall file a notice of lien and an abstract or certified copy of the judgment creditor’s money judgment in the pending action or special proceeding. (c) At the time of the filing under subdivision (b) or promptly thereafter, the judgment creditor shall serve on all parties who, prior thereto, have made an appearance in the action or special proceeding a copy of the notice of lien and a statement of the date when the notice of lien was filed in the action or special proceeding. Service shall be made personally or by mail. Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien. (d) For the purpose of this article, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  115. 708.420.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section lists what a notice of lien must say and limits what a judgment debtor may do with the pending action or related judgment rights unless the court, the creditor, or satisfaction of the judgment allows 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.420. The notice of lien under Section 708.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed. (b) The name and last known address of the judgment debtor. (c) The name and address of the judgment creditor. (d) The title of the court where the judgment creditor’s money judgment is entered and the cause and number of the action, the date of entry of the judgment, and the date of any subsequent renewals, and where entered in the records of the court. (e) The amount required to satisfy the judgment creditor’s money judgment at the time the notice of lien is filed in the action or proceeding. (f) A statement that the lien attaches to any cause of action of the judgment debtor that is the subject of the action or proceeding and to the judgment debtor’s rights to money or property under any judgment subsequently procured in the action or proceeding. (g) A statement that no compromise, dismissal, settlement, or satisfaction of the pending action or proceeding or any of the judgment debtor’s rights to money or property under any judgment procured therein may be entered into by or on behalf of the judgment debtor, and that the judgment debtor may not enforce the judgment debtor’s rights to money or property under any judgment procured in the action or proceeding by a writ or otherwise, unless one of the following requirements is satisfied: (1) The prior approval by order of the court in which the action or proceeding is pending has been obtained. (2) The written consent of the judgment creditor has been obtained or the judgment creditor has released the lien. (3) The money judgment of the judgment creditor has been satisfied. (h) A statement that the judgment debtor may claim an exemption for all or any portion of the money or property within 30 days after the judgment debtor has notice of the creation of the lien and a statement that, if the exemption is not claimed within the time allowed, the exemption is waived. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  116. 708.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A court may allow a judgment creditor with a lien under this article to intervene in the pending action or proceeding.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.430. (a)The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding pursuant to Section 387. (b) For the purposes of Sections 708.450 and 708.470, a judgment creditor shall be deemed to be a party to the action or special proceeding even though the judgment creditor has not become a party to the action or proceeding under subdivision (a). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  117. 708.440.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment debtor generally may not enforce or settle the judgment without the judgment creditor’s written consent or a court order, unless the judgment judgment is first satisfied or the lien is 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 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.440. (a)Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor’s money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the judgment debtor, without the written consent of the judgment creditor or authorization by order of the court obtained under subdivision (b). (b) Upon application by the judgment debtor, the court in which the action or special proceeding is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  118. 708.450.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a lien is created under this article, the judgment debtor may claim an exemption for recoverable money or property, but must do so by noticed motion filed and served within 30 days after notice of the lien and supported by an 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.450. (a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim shall be made by application on noticed motion to the court in which the action or special proceeding is pending, filed and served on the judgment creditor not later than 30 days after the judgment debtor has notice of the creation of the lien. Service shall be made personally or by mail. The judgment debtor shall execute an affidavit in support of the application that includes all the matters set forth in subdivision (b) of Section 703.520. No notice of opposition to the claim of exemption is required. The failure of the judgment debtor to make a claim of exemption under this section constitutes a waiver of the exemption. (b) The court may determine the exemption claim at any time prior to the entry of judgment in the action or special proceeding or may consolidate the exemption hearing with the hearing on a motion pursuant to Section 708.470. (c) If the judgment debtor establishes to the satisfaction of the court that the right of the judgment debtor to money or property under the judgment in the action or special proceeding is all or partially exempt from enforcement of a money judgment, the court shall order the termination of the lien created under this article on the exempt portion of the money or property. (Amended by Stats. 1984, Ch. 538, Sec. 31.)
  119. 708.460.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a lien is created under this article, the court clerk must note it on the judgment, and any abstract of judgment must include a statement of 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.460. (a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created. (b) Any abstract issued upon the judgment shall include a statement of the lien in favor of the judgment creditor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  120. 708.470.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court may use a lien to reach a judgment debtor’s money or property, and it must order notice and service requirements for motions under this section.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.470. (a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor’s rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail. (b) If the judgment determines that the judgment debtor has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the lien created under this article. (c) If the court determines that a party (other than the judgment debtor) having notice of the lien created under this article has transferred property that was subject to the lien or has paid an amount to the judgment debtor that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following: (1) The value of the judgment debtor’s interest in the property or the amount paid the judgment debtor. (2) The amount of the judgment creditor’s lien created under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  121. 708.480.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A lien created under this article may be enforced only after the related judgment is entered and the appeal period has expired, or after any appeal is finally decided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 5. Lien in Pending Action or Proceeding [708.410 - 708.480] ( Article 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.480. A lien created under this article may be enforced by any applicable procedure: (a) After the judgment subject to the lien is entered and the time for appeal from the judgment has expired. (b) If an appeal is filed from the judgment subject to the lien, after the appeal is finally determined. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  122. 708.510.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A court may order a judgment debtor to assign payment rights to satisfy a money judgment, but only within stated 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.510. (a)Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: (1) Wages due from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. (5) Payments due from a patent or copyright. (6) Insurance policy loan value. (b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail. (c) Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following: (1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor. (2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support. (3) The amount remaining due on the money judgment. (4) The amount being or to be received in satisfaction of the right to payment that may be assigned. (d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment. (e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law). (f) Where a specific amount of the payment or payments to be assigned is exempt by another statutory provision, the amount of the payment or payments to be assigned pursuant to subdivision (a) shall not exceed the amount by which the payment or payments exceed the exempt amount. (Amended by Stats. 1992, Ch. 163, Sec. 51. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  123. 708.520.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may ask the court to stop a judgment debtor from assigning or disposing of a claimed right to payment, and the court may issue, change, or cancel that order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.520. (a)When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte. (b) The court may issue an order pursuant to this section upon a showing of need for the order. The court, in its discretion, may require the judgment creditor to provide an undertaking. (c) The court may modify or vacate the order at any time with or without a hearing on such terms as are just. (d) The order shall be personally served upon the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  124. 708.530.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section says the priority and effect of an assignment order are generally governed by Civil Code Section 955.1, except that an assignment of the right to future rent has recordation and priority rules under Civil Code Section 1214.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.530. (a) Except as provided in subdivision (b), the effect and priority of an assignment ordered pursuant to this article is governed by Section 955.1 of the Civil Code. For the purpose of priority, an assignee of a right to payment pursuant to this article shall be deemed to be a bona fide assignee for value under the terms of Section 955.1 of the Civil Code. (b) An assignment of the right to future rent ordered under this article is recordable as an instrument affecting real property and the priority of such an assignment is governed by Section 1214 of the Civil Code. (Amended by Stats. 1984, Ch. 538, Sec. 32.)
  125. 708.540.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    An obligor’s rights are not affected by an assignment order until the obligor receives notice of the order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.540. The rights of an obligor are not affected by an order assigning the right to payment until notice of the order is received by the obligor. For the purpose of this section, “obligor” means the person who is obligated to make payments to the judgment debtor or who may become obligated to make payments to the judgment debtor depending upon future developments. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  126. 708.550.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment debtor may ask the court to exempt all or part of a right to payment from enforcement, but must file and serve the motion on time and support it with an 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.550. (a) The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by application to the court on noticed motion filed not later than three days before the date set for the hearing on the judgment creditor’s application for an assignment order. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. Failure of the judgment debtor to make a claim of exemption is a waiver of the exemption. (b) The notice of the motion shall be personally served on the judgment creditor not later than three days before the date set for the hearing. (c) The court shall determine any claim of exemption made pursuant to this section at the hearing on issuance of the assignment order. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  127. 708.560.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court must modify or set aside an assignment order if there is a material change in circumstances, and it may order a reassignment of payment rights as needed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 6. Assignment Order [708.510 - 708.560] ( Article 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.560. (a) Either the judgment creditor or the judgment debtor may apply to the court on noticed motion for an order to modify or set aside the assignment order. The notice of motion shall be served on the other party. Service shall be made personally or by mail. (b) The court shall make an order modifying or setting aside the assignment order upon a showing that there has been a material change in circumstances since the time of the previous hearing on the assignment order. The court may order a reassignment of the right to payments as necessary. The order shall state whether and to what extent it applies to payments already made. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  128. 708.610.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    For a receiver appointed under this article, Chapter 5 and Chapter 5a of Title 7 control the receiver’s appointment, qualifications, powers, rights, and duties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.610. The provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  129. 708.620.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A court may appoint a receiver to enforce a judgment if the creditor shows this is a reasonable way to achieve fair and orderly satisfaction of 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.620. The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver is a reasonable method to obtain the fair and orderly satisfaction of the judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  130. 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A court may appoint a receiver to transfer a judgment debtor’s transferable alcoholic beverage license interest, unless the debtor shows delinquent taxes and priority claims are greater than the license’s probable sale price.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 7. Receiver to Enforce Judgment [708.610 - 708.630] ( Article 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.630. (a) The judgment debtor’s interest in an alcoholic beverage license may be applied to the satisfaction of a money judgment only as provided in this section. (b) The court may appoint a receiver for the purpose of transferring the judgment debtor’s interest in an alcoholic beverage license that is transferable under Article 5 (commencing with Section 24070) of Chapter 6 of Division 9 of the Business and Professions Code, unless the judgment debtor shows in the proceeding to appoint a receiver that the amount of delinquent taxes described in Section 24049 of the Business and Professions Code and claims of creditors with priority over the judgment creditor pursuant to Section 24074 of the Business and Professions Code exceed the probable sale price of the license. (c) The receiver may exercise the powers of the licensee as necessary and in exercising such powers shall comply with the applicable provisions of Division 9 (commencing with Section 23000) of the Business and Professions Code and applicable regulations of the Department of Alcoholic Beverage Control. An application shall be filed to transfer the license to the receiver and a temporary retail permit shall be obtained during the pendency of the transfer. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  131. 708.710.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section defines several terms used in the article, including “local public entity,” “public entity,” “State,” and “state agency.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.710. As used in this article: (a) “Local public entity” means any public entity other than the state. (b) “Public entity” means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. (c) “State” means the State of California. (d) “State agency” means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  132. 708.720.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A public entity’s debt to a judgment debtor may be used to satisfy the judgment only through the methods listed here, and a public officer’s or employee’s earnings cannot be withheld 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.720. (a) If a public entity owes money to the judgment debtor, the obligation of the public entity may be applied to the satisfaction of the money judgment against the judgment debtor only in the manner provided by (1) this article, (2) Chapter 5 (commencing with Section 706.010) (wage garnishment), or (3) Article 5 (commencing with Section 708.410) (lien in pending action or proceeding). (b) The earnings of a public officer or employee shall not be withheld pursuant to this article. Except as expressly provided by law, the earnings of a public officer or employee may be withheld for the payment of a money judgment only pursuant to Chapter 5 (commencing with Section 706.010). (c) If the obligation of a public entity to pay money to the judgment debtor is the subject of a pending action or special proceeding, the procedure in this article does not apply. The payment of the obligation that is the subject of the pending action or special proceeding may be applied to the satisfaction of the money judgment against the judgment debtor only in the manner provided in Article 5 (commencing with Section 708.410). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  133. 708.730.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may use this section to collect money owed by a public entity, and must promptly notify the judgment debtor after filing. In support cases, the section also lets a local child support agency use a simplified filing process and gives the court a role in issuing a notice of support arrearage.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.730. (a) If money is owing and unpaid to the judgment debtor by a public entity, the judgment creditor may file, in the manner provided in this article, an abstract of the money judgment or a certified copy of the money judgment, together with an affidavit that states that the judgment creditor desires the relief provided by this article and states the exact amount then required to satisfy the judgment. The judgment creditor may state in the affidavit any fact tending to establish the identity of the judgment debtor. (b) Promptly after filing the abstract or certified copy of the judgment and the affidavit with the public entity, the judgment creditor shall serve notice of the filing on the judgment debtor. Service shall be made personally or by mail. (c) If the judgment is for support and related costs and money is owing and unpaid to the judgment debtor by a state agency, including, but not limited to, money owing and unpaid to the judgment debtor by a state agency on a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code or as a result of the judgment debtor’s winnings in the California State Lottery, and the local child support agency is enforcing the support obligation pursuant to Section 17400 of the Family Code, the claim may be submitted as follows: The local child support agency may file the affidavit referred to in subdivision (a) without filing an abstract or certified copy of the judgment. In lieu thereof, the affidavit shall also state that an abstract of the judgment could be obtained. Where there is more than one judgment debtor, the local child support agency may include all the judgment debtors in a single affidavit. Separate affidavits need not be submitted for each judgment debtor. The affidavit need not on its face separately identify each judgment debtor or the exact amount required to satisfy the judgment, so long as it incorporates by reference forms or other automated data transmittals, as required by the Department of Child Support Services, which contain this information. Affidavits submitted pursuant to this subdivision by the local child support agency shall meet the standards and procedures prescribed by the state agency to which the affidavit is submitted, except that those affidavits submitted with respect to moneys owed and unpaid to the judgment debtor as a result of a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, shall meet the standards and procedures prescribed by the Franchise Tax Board. In serving the notice required by subdivision (b), the Director of the Department of Child Support Services or his or her designee may act in lieu of the judgment creditor as to judgments enforced under this division. (d) If the judgment is for child, spousal, or family support and related costs and money is owing and unpaid to the judgment debtor by a state agency on a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, or as a result of the judgment debtor’s winnings in the California State Lottery, the judgment creditor may file with the court an abstract or a certified copy of the judgment ordering the payment of child, spousal, or family support, together with a request that the court issue a Notice of Support Arrearage, as provided in Section 708.780, to which any personal income tax refunds and lottery winnings owed the judgment debtor by the State of California will be subject. The request shall be accompanied by an affidavit, signed under penalty of perjury, which shall state that the judgment creditor desires the relief provided by this subdivision and shall state the exact amount then required to satisfy the judgment. In addition, the affidavit shall specify the beginning and ending dates of all periods during which the arrearage for support occurred, specify the arrearage for each month, and state that the support is at least 90 days overdue or is overdue in an amount equal to 90 days of support. It shall also certify that the child or children are not recipients, and during the period for which payment is requested, were not recipients, of Aid to Families with Dependent Children and there was no assignment to a state or county agency of support and shall certify on information and belief that there is not current or past action by a district attorney pending for support or support enforcement on the judgment creditor’s behalf. The request shall have attached a proof of service showing that copies of the request, the affidavit, and the abstract or certified copy of the judgment ordering the payment of support have been served on the judgment debtor and the district attorney of the county in which the support judgment is entered. Service shall be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service. This subdivision does not apply in any instance in which a district attorney initiated or participated as counsel in the action for support or if support is required to be paid through a district attorney’s office. The Department of Child Support Services shall, upon request, inform the Legislature of the use and effect of this subdivision on or before December 31, 2000. This subdivision shall become operative on January 1, 1996, and shall become inoperative on December 31, 2000. (e) For purposes of this section, “support” means an obligation owing on behalf of a child, spouse, or family, or combination thereof. (Amended by Stats. 2000, Ch. 808, Sec. 18. Effective September 28, 2000.)
  134. 708.740.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section tells a judgment creditor how to reach money owed to a judgment debtor by a state agency, and directs the state agency and Controller how to process and pay the claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.740. (a) Except as provided in subdivision (e), if money is owing and unpaid to the judgment debtor by a state agency, the judgment creditor shall file the abstract or certified copy of the judgment and the affidavit with the state agency owing the money to the judgment debtor prior to the time the state agency presents the claim of the judgment debtor to the Controller. Where the affidavit is prepared under subdivision (c) of Section 708.730, the affidavit shall be filed with the Department of Child Support Services, and no abstract need be filed. Filing of the affidavit with the department shall be sufficient to require the Controller to transfer the funds claimed by the judgment debtor, notwithstanding that the claim of the judgment debtor has been filed with another state agency. (b) When presenting the claim of the judgment debtor to the Controller, the state agency shall do all of the following: (1) Note the fact of the filing of the abstract or certified copy of the judgment and the affidavit. (2) State the amount required to satisfy the judgment as shown by the affidavit. (3) State any amounts advanced to the judgment debtor by the state, or owed by the judgment debtor to the state, for expenses or for any other purpose. (c) Except as provided in subdivisions (d) and (e), to discharge the claim of the judgment debtor, the Controller shall (1) deposit with the court, by a warrant or check payable to the court, the amount due the judgment debtor (after deducting an amount sufficient to reimburse the state for any amounts advanced to the judgment debtor or owed by the judgment debtor to the state) required to satisfy the money judgment as shown by the affidavit in full or to the greatest extent and (2) pay the balance thereof, if any, to the judgment debtor. (d) Where an affidavit stating the existence of a judgment for support has been submitted to the Department of Child Support Services, pursuant to subdivision (c) of Section 708.730, to discharge the claim of a judgment debtor, the Controller shall direct payment to the county agency designated by the local child support agency in his or her affidavit. (e) Where the judgment is for support and the money owed is for lottery winnings or a refund of overpayment of tax, penalty, interest, or interest allowable with respect to an overpayment under Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, and the support obligation is not being enforced pursuant to Section 17400 of the Family Code, the judgment creditor may file the abstract or certified copy of the judgment with the local child support agency of the county in which the support judgment is entered or registered. The local child support agency shall then file the claim of the judgment creditor pursuant to subdivision (c) of Section 708.730. When funds are received by the local child support agency, it shall discharge any claim of the judgment debtor by forwarding those sums to the clerk of the court pursuant to subdivision (c) of this section. Any and all notices otherwise required of a judgment creditor or the clerk of the court, and any litigation to enforce rights under this subdivision shall be the responsibility of the judgment creditor, the same as if service had been directly on the Controller without the intervention of the local child support agency. (f) Where the claim of the judgment debtor is less than ten dollars ($10) and the claim of the judgment creditor arises under an affidavit filed pursuant to subdivision (c) of Section 708.730, the Controller may disregard the claim of the judgment creditor and forward any and all sums due to the judgment debtor. In the event that there is more than one claimant for a refund, the Franchise Tax Board shall have discretion in allocating the overpayment among claimants. (g) Should two or more local child support agencies submit claims on behalf of a judgment creditor, the Controller in his or her discretion may select which claim or claims he or she shall honor. (h) Any claims which are honored in behalf of a judgment creditor shall be considered as refunds of tax overpayments to the judgment debtor. (i) For purposes of this section, “support” means an obligation owing on behalf of a child, spouse, or family, or combination thereof. (Amended by Stats. 2000, Ch. 808, Sec. 19. Effective September 28, 2000.)
  135. 708.750.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a public entity (other than a state agency) owes unpaid money to a judgment debtor, the judgment creditor must file the judgment papers with the entity’s auditor or equivalent official, who must then pay the court and any remaining balance to the 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.750. If money is owing and unpaid to the judgment debtor by a public entity other than a state agency, the judgment creditor shall file the abstract or certified copy of the judgment and the affidavit with the auditor of the public entity or, if there is no auditor, with the official whose duty corresponds to that of auditor. To discharge the claim of the judgment debtor, the auditor or other official shall (1) deposit with the court by a warrant or check payable to the court, the amount due the judgment debtor (after deducting an amount sufficient to reimburse the public entity for any amounts advanced to the judgment debtor or owed by the judgment debtor to the public entity) required to satisfy the money judgment as shown by the affidavit in full or to the greatest extent and (2) pay the balance thereof, if any, to the judgment debtor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  136. 708.755.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor must file annual papers with the lottery to keep a lien on annual lottery prize payments 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.755. (a) Upon compliance with this section, the lien of a judgment creditor pursuant to this article is created against a lottery prize to be paid in annual installments and shall continue in force and effect until the judgment is paid or expires, whichever occurs first. For the lien to continue in effect, the judgment creditor shall do all of the following: (1) Commencing with the second installment against which the judgment lien creditor asserts its lien, annually file with the lottery an affidavit stating that the judgment has not been satisfied and the amount of the remaining unsatisfied judgment, including interest and costs, if any. This affidavit shall be filed with the lottery not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien. (2) If the judgment lien is renewed, file with the lottery a certified copy of the renewal application, as authorized in this code not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien, in order for the judgment lien to be effective in continuing the existing judgment lien against the annual lottery prize payments. (b) If the judgment lien creditor fails to file the annual statement, renewal of judgment, or renewal of abstract, the lien shall expire. Expiration of a lien for failure to comply with this section shall not preclude the judgment creditor from commencing a new procedure under this article to enforce the judgment, to the extent that the judgment otherwise continues to be enforceable under applicable law. (Added by renumbering Section 708.750 (as added by Stats. 1995, Ch. 363) by Stats. 1996, Ch. 124, Sec. 14. Effective January 1, 1997.)
  137. 708.760.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A public disbursing officer generally may not pay court funds under this article until the contract is completed, but may do so earlier to satisfy the judgment debtor’s claim if enough money is kept back for certain other claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.760. (a) If the judgment debtor named in the abstract or certified copy of the judgment filed pursuant to this article is a contractor upon a public work, the cost of which is to be paid out of public moneys voted, appropriated, or otherwise set apart for such purpose, only so much of the contract price shall be deemed owing and unpaid within the meaning of Section 708.740 or 708.750 as may remain payable under the terms of the contractor’s contract, upon the completion thereof, after deducting sums due and to become due to persons described in Section 9100 of the Civil Code. In ascertaining the sums due or to become due to such persons, only claims which are filed against the moneys due or to become due to the judgment debtor in accordance with Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4 of the Civil Code shall be considered. (b) The Controller, auditor, or other public disbursing officer whose duty it is to make payments under the provisions of the contract may not deposit an amount with the court pursuant to this article until the contract is completed, but may deposit an amount with the court to satisfy the claim of the judgment debtor before the payments specified in subdivision (a) are made so long as a sufficient amount is retained for the satisfaction of the claims of persons described in Section 9100 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 23. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  138. 708.770.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section sets deadlines and service steps for exemption claims after a public entity deposit, including notice, filing, opposition, and hearing timelines.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.770. (a) Except as provided in subdivision (g), promptly after deposit with the court by the public entity, the court clerk shall cause a notice of deposit to be served on the judgment debtor. Service shall be made personally or by mail. (b) Within 10 days after service of the notice of deposit pursuant to subdivision (a), the judgment debtor who claims an exemption shall do both of the following: (1) File with the court a claim of exemption and a notice of motion for an order determining the claim of exemption. The claim of exemption shall include all of the matters set forth in subdivision (b) of Section 703.520. (2) Serve on the judgment creditor a copy of the notice of motion, a copy of the claim of exemption, and a notice of hearing on the motion. Service shall be made personally or by mail. (c) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. (d) Within 10 days after the judgment creditor is served under subdivision (b), the judgment creditor who opposes the motion shall do both of the following: (1) File with the court a notice of opposition to the claim of exemption. The notice of opposition to the claim of exemption shall be executed under oath and shall include all of the matters set forth in Section 703.560. (2) Serve on the judgment debtor a copy of the notice of opposition to the claim of exemption. Service shall be made personally or by mail. (e) Subdivisions (a) to (d), inclusive, of Section 703.580 and Sections 703.590 and 703.600 apply to a claim of exemption made pursuant to this section. (f) The failure of the judgment debtor to make a claim of exemption under this section constitutes a waiver of the exemption. (g) In lieu of service of the notice of deposit described herein, where a state agency has been served with an affidavit pursuant to subdivision (c) of Section 708.730 and has presented the claim of the judgment creditor to the Controller pursuant to subdivision (a) of Section 708.740, the state agency shall cause a notice of deposit to be sent to the judgment debtor instructing the judgment debtor to file any and all requests for relief with the district attorney who filed the affidavit, or the court clerk if the seizure arises under subdivision (e) of Section 708.740. Except in those cases arising under subdivision (e) of Section 708.740, the judgment debtor shall file the request for relief with the district attorney within 15 days after service of notice from the public agency, or the judgment debtor shall be deemed to have waived any claim he or she might otherwise have. If the matter cannot be resolved with the district attorney, the district attorney shall so advise the judgment debtor and the judgment debtor shall then be authorized to commence proceedings under this section or any other appropriate provision of law. The notice from the district attorney shall for any limitation have the same effect as a notice of deposit under subdivision (a). Service of any notice or request under this subdivision shall be made personally or by mail. Claims arising from the filing of an abstract or certified copy of a judgment, under subdivision (e) of Section 708.740 shall be governed by the procedure and limitations set forth in subdivisions (a) through (f). (Amended by Stats. 1983, Ch. 1010, Sec. 3.)
  139. 708.775.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    After exemption issues are resolved, the court must pay the nonexempt part of deposited money to the judgment creditor and any remainder, if any, to the judgment debtor, unless another legal disposition 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.775. After the expiration of the period allowed for claiming an exemption under Section 708.770 if no exemption has been claimed, or after the determination of the claim of exemption if an exemption is claimed within the period allowed for claiming the exemption under Section 708.770, the court shall pay the nonexempt portion of the money deposited to which the judgment creditor is entitled to the judgment creditor and the balance thereof, if any, to the judgment debtor, unless some other disposition is required by law. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  140. 708.780.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section lets a court issue a Notice of Support Arrearage and create a lien on money owed to a judgment debtor by a public entity; it also requires service and gives the debtor a chance to object on listed grounds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.780. (a) Filing of the abstract or certified copy of the judgment and the affidavit pursuant to this article creates a lien on the money owing and unpaid to the judgment debtor by the public entity in an amount equal to that which may properly be applied to the satisfaction of the money judgment under this article. (b) When an affidavit is filed pursuant to subdivision (c) of Section 708.730, it shall apply to all claims for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, which the judgment debtor subsequently claims during a period one year after filing of the affidavit, or October 1 of the year following the filing of the affidavit, whichever occurs later, the same as if claims for these overpayments were filed by the judgment debtor with the appropriate state agency on the date the affidavit was filed. (c) When a request is filed pursuant to subdivision (d) of Section 708.730 with the court, the clerk of the court shall issue a Notice of Support Arrearage. The clerk of the court shall issue the notice 30 days after the request was filed pursuant to subdivision (d) of Section 708.730 without a hearing if no objection has been raised by the judgment debtor pursuant to this subdivision. If an objection has been raised, the notice shall not be ordered until after a hearing. The notice shall contain the name of the person ordered to pay support and his or her social security number; the amount of the arrearage determined by the court; whether the arrearage is for child, spousal, or family support and the specific combination thereof; a statement of how the recipient may challenge the statement of arrearage; and the name, address, and social security number of the person to whom the arrearage is owed. Upon the clerk of the court issuing the Notice of Support Arrearage, a copy of the request, the affidavit, and the notice shall be served by the party who requested the court to issue the Notice of Support Arrearage upon the person ordered to pay support and the Controller. Service may be personal, in accordance with Section 1011, or by mail, in accordance with Section 1013. Service upon the Controller shall be at the Controller’s office in Sacramento. The judgment debtor may object to the request or affidavit upon any of the following grounds: (1) there is an error in the amount of the arrearage stated in the affidavit; (2) the alleged judgment debtor is not the judgment debtor from whom the support is due; (3) the amount to be intercepted exceeds that allowable under federal law; (4) a default in payment of the support for 30 days has not occurred; or (5) other necessary factual allegations contained in the affidavit are erroneous. Upon receipt of the Notice of Support Arrearage, the Controller shall take reasonable measures to deduct from any personal income tax refunds and lottery winnings owed and processed for payment to the judgment debtor and deposit with the court a warrant, subject to Sections 708.770 and 708.775, with service of a copy of the warrant upon the local child support agency of the county in which the support judgment is entered, payable to the court, the amount due the judgment creditor (after deducting an amount sufficient to reimburse the state for any amounts advanced to the judgment debtor or owed by the judgment debtor to the state) required to satisfy the money judgment as shown by the affidavit in full or to the greatest extent, and pay the balance thereof, if any, to the judgment debtor. At any hearing pursuant to Section 708.770, the judgment debtor may challenge the distribution of these funds on exemption or other grounds, including, but not limited to, an allegation that the judgment has been satisfied or that service was improper. The notice shall not apply to any money which is exempt by law from execution. The Controller shall determine the cost of enforcing the notice and may establish a notice filing fee not to exceed five dollars ($5). Service of the Notice of Support Arrearage and of the request and affidavit pursuant to this subdivision creates a lien on the money owing and unpaid to the judgment debtor which shall become effective 30 days following service upon the Controller. This notice shall remain in effect for four years from the date of its issuance or until the arrearage for which the notice was issued is satisfied, whichever occurs first. Any person who files a request with the court to issue a Notice of Support Arrearage pursuant to subdivision (d) of Section 708.730 shall notify the court and the Controller of any satisfaction of the arrearage after the Notice of Support Arrearage has been issued by the clerk of the court. The notice to the court and the Controller shall be filed with the court and the Controller and served upon the local child support agency of the county in which the support judgment is entered within 30 days of the satisfaction or discharge and shall show a partial or full satisfaction of the arrearage or any other resolution of the arrearage. Upon filing and service, the Notice of Support Arrearage shall be of no force and effect. The State Department of Social Services shall, upon request, inform the Legislature of the use and effect of this subdivision on or before December 31, 2001. This subdivision shall become operative on January 1, 1996, and shall become inoperative on December 31, 2001. (d) For purposes of this section, “support” means an obligation owing on behalf of a child, spouse, or family, or combination thereof. (Amended by Stats. 1999, Ch. 652, Sec. 2. Effective January 1, 2000.)
  141. 708.785.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor must pay a $6 fee to the public entity when filing the abstract or certified copy of the judgment and 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.785. (a) The judgment creditor upon filing the abstract or certified copy of the judgment and the affidavit shall pay a fee of six dollars ($6) to the public entity with which it is filed. (b) Fees received by the state under this section shall be deposited to the credit of the fund from which payments were, or would be, made on account of collection under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  142. 708.790.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A public officer or employee is not liable for failing to perform a duty under this article unless enough information is provided in the judgment papers to identify the judgment debtor with reasonable diligence.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.790. No public officer or employee is liable for failure to perform a duty imposed by this article unless sufficient information is furnished by the abstract or certified copy of the judgment together with the affidavit to enable the officer or employee in the exercise of reasonable diligence to ascertain the identity of the judgment debtor therefrom and from the papers and records on file in the office in which the officer or employee works. The word “office” as used in this section does not include any branch or subordinate office located in a different city. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  143. 708.795.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This article does not authorize filing against certain tax, penalty, interest, or unemployment-related overpayments, except for sums due and unpaid under a 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity [708.710 - 708.795] ( Article 8 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.795. Except as to sums due and unpaid under a judgment for support, nothing in this article authorizes the filing against an overpayment of tax, penalty, or interest, or interest allowable with respect to an overpayment, under Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code or under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code. (Amended by Stats. 1984, Ch. 1007, Sec. 3.)
  144. 708.910.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This article defines “franchise” as a franchise granted by a public entity, including its rights and privileges, but not the franchise of being a corporation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.910. As used in this article, “franchise” means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  145. 708.920.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A court may, in its discretion, order a franchise applied to satisfy a money judgment if the judgment creditor applies on noticed motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.920. (a) The court may, in its discretion, order a franchise applied to the satisfaction of a money judgment upon application by the judgment creditor made on noticed motion. The notice of motion shall be served on the judgment debtor and the public entity that granted the franchise. Service shall be made personally or by mail. In exercising its discretion, the court shall determine whether application of the franchise to the satisfaction of the judgment is proper taking into account all the circumstances of the case, including but not limited to the nature of the franchise, whether the franchise is by its terms transferable, and the likelihood that application of the franchise to the satisfaction of the judgment will yield a substantial amount. (b) If the court orders application of the franchise to the satisfaction of the judgment, application shall be by such means as appears proper to the court, including but not limited to sale of the franchise, assignment of the franchise or proceeds of the franchise, or appointment of a receiver. The court may include in its order, or make additional orders containing, provisions to effectuate the application of the franchise to the satisfaction of the judgment, including but not limited to provisions relating to the place of sale of the franchise, possession of the property of the judgment debtor necessary for the exercise of the franchise, receipt of proceeds of the franchise, recovery of penalties imposed by law and recoverable for injury to the franchise or for damages or other cause, and the judgment debtor’s powers, duties, and liability for penalties and forfeitures. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  146. 708.930.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An order applying a franchise toward a money judgment must comply with all other laws that govern the franchise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 9. Enforcement Against Franchise [708.910 - 708.930] ( Article 9 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 708.930. Notwithstanding any other provision of this article, an order for application of a franchise to the satisfaction of a money judgment is subject to all applicable laws governing sale, transfer, or other actions concerning the franchise, including but not limited to any necessary approvals by the Public Utilities Commission or local public entities and compliance with statutory or administrative regulations. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  147. 709.010.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment debtor’s beneficial interest in a trust can be used to satisfy a money judgment only through a petition under this section, and the court may decide the proper enforcement 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 709.010. (a) As used in this section, “trust” has the meaning provided in Section 82 of the Probate Code. (b) The judgment debtor’s interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under this section by a judgment creditor to a court having jurisdiction over administration of the trust as prescribed in Part 5 (commencing with Section 17000) of Division 9 of the Probate Code. The judgment debtor’s interest in the trust may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper, including but not limited to imposition of a lien on or sale of the judgment debtor’s interest, collection of trust income, and liquidation and transfer of trust property by the trustee. (c) Nothing in this section affects the limitations on the enforcement of a money judgment against the judgment debtor’s interest in a trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of the Probate Code, and the provisions of this section are subject to the limitations of that chapter. (Amended by Stats. 1986, Ch. 820, Sec. 18. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  148. 709.020.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A judgment creditor may ask the court, by noticed motion, to apply certain nonvested interests of the judgment debtor to satisfy 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 709.020. The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgment debtor in property that is not vested in the judgment debtor. The interest of the judgment debtor may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper to protect the interests of both the judgment debtor and judgment creditor, including but not limited to the imposition of a lien on or the sale of the judgment debtor’s interest. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  149. 709.030.

    ## 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 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Property in a guardianship or conservatorship estate cannot be enforced against for a money judgment under this division, but the judgment creditor may ask the pending court for an order requiring payment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030] ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010 - 709.030] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 10. Other Enforcement Procedures [709.010 - 709.030] ( Article 10 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 709.030. Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in which the guardianship or conservatorship proceeding is pending under Division 4 (commencing with Section 1400) of the Probate Code for an order requiring payment of the judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  150. 71.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    The process of superior courts must extend throughout the state.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 71. The process of superior courts shall extend throughout the state. (Added by Stats. 1967, Ch. 17.)
  151. 712.010.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a judgment for possession or sale of property, the court clerk must issue a writ when the judgment creditor applies, and the writ goes to the levying officer in the county where enforcement will occur.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.010. After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned. (Amended by Stats. 1988, Ch. 1405, Sec. 1.)
  152. 712.020.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A writ of possession or sale must direct the levying officer to enforce the judgment and must contain specified case, party, date, 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.020. A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment and shall include the following information: (a) The date of issuance of the writ. (b) The title of the court where the judgment for possession or sale is entered and the cause and number of the action. (c) The name and address of the creditor and the name and last known address of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated. (d) The date the judgment was entered, and the date of any subsequent renewals, and where entered in the records of the court. (e) If the judgment for possession or sale includes a money judgment, the amount required to satisfy the money judgment on the date the writ is issued, and the amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued may be included on the writ at the option of the creditor. (f) Whether any person has requested notice of sale under the judgment and, if so, the name and address of that person. (g) Any other information required to be included in the particular writ. (h) A statement indicating whether the case is limited or unlimited. (Amended by Stats. 2010, Ch. 680, Sec. 14. (AB 2394) Effective January 1, 2011.)
  153. 712.030.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The levying officer must execute the writ when it is delivered with the judgment creditor’s written instructions, and may not seize property under the writ more than 180 days after the writ was issued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.030. (a) Upon delivery of the writ of possession or sale to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law. (b) The levying officer may not levy upon or otherwise seize property under the writ after the expiration of 180 days from the date the writ was issued. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  154. 712.040.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor may use a writ of execution or other available remedies to collect a money judgment tied to a possession or sale judgment, subject to timing and court-order 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.040. (a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for possession or sale. If amounts due under the judgment are not satisfied pursuant to the writ of possession or sale, the judgment creditor may use a writ of execution to satisfy any money judgment included in the judgment after the writ of possession or sale has been returned or 180 days after its issuance, whichever is earlier. If the judgment creditor does not desire issuance of a writ of possession or sale (because possession has been voluntarily surrendered, the secured obligation has been voluntarily satisfied, or other reason), a writ of execution may be issued to satisfy any money judgment included in the judgment. (b) Whether or not a writ of possession or sale has been issued, enforced, or returned, the judgment creditor may use any available remedies provided by Chapter 5 (commencing with Section 706.010) or Chapter 6 (commencing with Section 708. 010) of Division 2 to satisfy any money judgment included in the judgment. (c) Notwithstanding subdivisions (a) and (b), if so ordered in a judgment for sale, a money judgment included in the judgment may only be enforced as ordered by the court. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  155. 712.050.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The return of a writ of possession or sale is governed by Section 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.050. The return of a writ of possession or sale is governed by Section 699.560 (return of writ of execution). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  156. 712.060.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The court may appoint a receiver to help enforce a judgment for possession or sale of 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.060. The court may appoint a receiver pursuant to Article 7 (commencing with Section 708.610) of Chapter 6 of Division 2 to enforce a judgment for possession or sale of property. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  157. 712.070.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment against a public entity is enforceable under this division, except where Section 695.050 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. General Provisions [712.010 - 712.070] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 712.070. Except as provided in Section 695.050, a judgment against a public entity is enforceable under this division. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  158. 714.010.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment for possession of personal property may be enforced by a writ of possession of personal property, and that writ must include a description of the property and, if specified, its 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 714.010. (a) A judgment for possession of personal property may be enforced by a writ of possession of personal property issued pursuant to Section 712.010. (b) In addition to the information required by Section 712.020, the writ of possession of personal property shall contain the following: (1) A description of the property to be delivered to the judgment creditor in satisfaction of the judgment. (2) The value of the property if specified in the judgment or a supplemental order. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  159. 714.020.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A levying officer must search for property named in a writ of possession and, if it is found with the judgment debtor or the debtor’s agent, take custody and deliver it to the judgment creditor. If the property cannot be taken, the officer must demand it from the debtor if possible and note that in the return.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 714.020. (a) To execute the writ of possession of personal property, the levying officer shall search for the property specified in the writ and, if the property is in the possession of the judgment debtor or an agent of the judgment debtor, take custody of the property in the same manner as a levy under a writ of execution on such property in the possession of the judgment debtor. Custody of personal property used as a dwelling shall be taken as provided by Section 700.080. Custody of property in a private place shall be taken as provided by Section 699.030. If the levying officer obtains possession of the property specified in the writ of possession, the levying officer shall deliver the property to the judgment creditor in satisfaction of the judgment. (b) If the property specified in the writ of possession cannot be taken into custody, the levying officer shall make a demand upon the judgment debtor for the property if the judgment debtor can be located. If custody of the property is not then obtained, the levying officer shall so state in the return. Thereafter the judgment for the possession of the property may be enforced in the same manner as a money judgment for the value of the property as specified in the judgment or a supplemental order. (c) The writ of possession of personal property may, under the circumstances described in subdivision (b), be treated as a writ of execution. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  160. 714.030.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a judgment for possession of personal property, the judgment creditor may ask the court to order the debtor to transfer the property or title evidence to 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Judgment for Possession of Personal Property [714.010 - 714.030] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 714.030. (a) After entry of a judgment for possession of personal property, and whether or not a writ of possession of personal property has been issued, the judgment creditor may apply to the court for an order directing the judgment debtor to transfer possession of the property or documentary evidence of title to the property or both to the judgment creditor. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte. (b) The court may issue an order pursuant to this section upon a showing of need for the order. (c) The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  161. 715.010.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A writ can be used to enforce a judgment for possession of real property, and the levying officer must also serve or post a claim-of-right-to-possession form when the writ is served or posted, unless a prejudgment claim was already 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 715.010. (a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010. The application for the writ shall provide a place to indicate that the writ applies to all tenants, subtenants, if any, name of claimants, if any, and any other occupants of the premises. (b) In addition to the information required by Section 712.020, the writ of possession of real property shall contain the following: (1) A description of the real property, possession of which is to be delivered to the judgment creditor in satisfaction of the judgment. (2) A statement that if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or, if the copy of the writ is posted, within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession. (3) A statement that any personal property, except a mobilehome, remaining on the real property after the judgment creditor has been placed in possession will be sold or otherwise disposed of in accordance with Section 1174 unless the judgment debtor or other owner pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the real property. (4) The date the complaint was filed in the action that resulted in the judgment of possession. (5) The date or dates on which the court will hear objections to enforcement of a judgment of possession that are filed pursuant to Section 1174.3, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46. (6) The daily rental value of the property as of the date the complaint for unlawful detainer was filed unless a summons, complaint, and prejudgment claim of right of possession were served upon the occupants in accordance with Section 415.46. (7) If a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, a statement that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. (c) At the time the writ of possession is served or posted, the levying officer shall also serve or post a copy of the form for a claim of right to possession, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46. (Amended by Stats. 2004, Ch. 183, Sec. 43. Effective January 1, 2005.)
  162. 715.020.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must serve the writ of possession on an occupant, may use substitute service if needed, and must remove occupants after five days if they do not leave, subject to a named-person 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 715.020. To execute the writ of possession of real property: (a) The levying officer shall serve a copy of the writ of possession on one occupant of the property. Service on the occupant shall be made by leaving the copy of the writ with the occupant personally or, in the occupant’s absence, with a person of suitable age and discretion found upon the property when service is attempted who is either an employee or agent of the occupant or a member of the occupant’s household. (b) If unable to serve an occupant described in subdivision (a) at the time service is attempted, the levying officer shall execute the writ of possession by posting a copy of the writ in a conspicuous place on the property and serving a copy of the writ of possession on the judgment debtor. Service shall be made personally or by mail. If the judgment debtor’s address is not known, the copy of the writ may be served by mailing it to the address of the property. (c) If the judgment debtor, members of the judgment debtor’s household, and any other occupants holding under the judgment debtor do not vacate the property within five days from the date of service on an occupant pursuant to subdivision (a) or on the judgment debtor pursuant to subdivision (b), the levying officer shall remove the occupants from the property and place the judgment creditor in possession. The provisions of Section 684.120 extending time do not apply to the five-day period specified in this subdivision. (d) Notwithstanding subdivision (c), unless the person is named in the writ, the levying officer may not remove any person from the property who claims a right to possession of the property accruing prior to the commencement of the unlawful detainer action or who claims to have been in possession of the property on the date of the filing of the unlawful detainer action. However, if the summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, no occupant of the premises, whether or not the occupant is named in the judgment for possession, may object to the enforcement of the judgment as prescribed in Section 1174.3. (Amended by Stats. 1991, Ch. 57, Sec. 4. Effective June 17, 1991.)
  163. 715.030.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a judgment creditor is put in possession under a writ of possession, any personal property left on the real property is handled under Section 1174, subdivisions (e) through (m).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 715.030. The disposition of personal property remaining on the real property after the judgment creditor is placed in possession thereof pursuant to the writ of possession is governed by subdivisions (e) to (m), inclusive, of Section 1174. For this purpose, references in Section 1174 and in provisions incorporated by reference in Section 1174 to the “landlord” shall be deemed to be references to the judgment creditor and references to the “tenant” shall be deemed to be references to the judgment debtor or other occupant. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  164. 715.040.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A registered process server may execute a writ of possession if the sheriff or marshal does not execute it within three days after delivery; the levying officer must then hand over the writ on request and complete remaining duties if the process server executes 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 715.040. (a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if a proper writ of possession is delivered to the sheriff or marshal and that officer does not execute the writ as provided in subdivisions (a) and (b) of Section 715.020 within three days (Saturday, Sunday, and legal holidays excluded) from the day the writ is delivered to that officer. If the writ is not executed within that time, the levying officer shall upon request give the writ to the judgment creditor or to a registered process server designated by the judgment creditor. (b) Within five days after executing the writ under this section, all of the following shall be filed with the levying officer: (1) The writ of possession of real property. (2) An affidavit of the registered process server stating the manner in which the writ was executed. (3) Proof of service of the writ. (4) Instructions in writing, as required by the provisions of Section 687.010. (c) If the writ is executed by a registered process server, the levying officer shall perform all other duties under the writ and shall return the writ to the court. (d) The fee for services of a registered process server under this section may, in the court’s discretion, be allowed as a recoverable cost upon a motion pursuant to Section 685.080. If allowed, the amount of the fee to be allowed is governed by Section 1033.5. (Amended by Stats. 1996, Ch. 872, Sec. 18. Effective January 1, 1997.)
  165. 715.050.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A writ of possession in an unlawful detainer case must be enforced under this chapter without delay, even if the defendant has filed bankruptcy, except for judgments for money and certain mobilehome-related 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Judgment for Possession of Real Property [715.010 - 715.050] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 715.050. Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer action shall be enforced pursuant to this chapter without delay, notwithstanding receipt of notice of the filing by the defendant of a bankruptcy proceeding. This section does not apply to a writ of possession issued for possession of a mobilehome or manufactured home, as those terms are defined in subdivision (a) of Section 1161a, and does not apply to a writ of possession issued for possession of real property in a mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or to a manufactured housing community, as defined in Section 18801 of the Health and Safety Code. (Added by Stats. 1994, Ch. 898, Sec. 2. Effective January 1, 1995.)
  166. 716.010.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment for sale of real or personal property may be enforced by a writ of sale. The writ must include a description of the property, and the writ delivered to the levying officer must be accompanied by a certified copy of 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 716.010. (a) A judgment for sale of real or personal property may be enforced by a writ of sale issued pursuant to Section 712.010. (b) In addition to the information required by Section 712.020, the writ of sale shall contain a description of the property to be sold in satisfaction of the judgment for sale. (c) The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  167. 716.020.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must levy on the property in the writ of sale, give notice of sale and sell the property unless the court orders otherwise, and apply the sale proceeds as required by the judgment for 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 716.020. To execute the writ of sale, the levying officer shall: (a) Levy upon the property described in the writ of sale in the manner prescribed by Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 for levy under a writ of execution. (b) Except as otherwise ordered by the court, give notice of sale and sell the property described in the writ of sale in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 for giving notice and selling under a writ of execution. (c) Apply the proceeds of the sale of the property in conformity with the judgment for sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  168. 716.030.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    After a writ of sale issues, the judgment creditor may ask the court for an order requiring the judgment debtor to transfer property or title documents 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Judgment for Sale of Property [716.010 - 716.030] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 716.030. (a) If a writ of sale is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer: (1) Possession of the property to be sold if the prescribed method of levy is by taking the property into custody. (2) Possession of any documentary evidence of title to property to be sold. An order pursuant to this paragraph may be served when the property is levied upon or thereafter. (b) The court may issue an order pursuant to this section upon a showing of need for the order. (c) The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  169. 717.010.

    ## 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 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Other Judgments [717.010- 717.010.] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment that is not otherwise enforceable under this title may be enforced by personally serving a certified copy on the person who must obey it and by using the court’s contempt power.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS [712.010 - 717.010] ( Division 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Other Judgments [717.010- 717.010.] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 717.010. A judgment not otherwise enforceable pursuant to this title may be enforced by personally serving a certified copy of the judgment on the person required to obey it and invoking the power of the court to punish for contempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  170. 720.010.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The definitions in this chapter control how this division is interpreted, unless the provision or context requires 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  171. 720.020.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    This section defines “Creditor” 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.020. “Creditor” means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the plaintiff. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  172. 720.030.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    “Debtor” means the judgment debtor, or for certain levies, the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Definitions [720.010 - 720.030] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.030. “Debtor” means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the defendant. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  173. 720.110.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third person with a superior ownership or possession interest may file a third-party claim when the property has been levied on in the listed 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.110. A third person claiming ownership or the right to possession of property may make a third-party claim under this chapter in any of the following cases if the interest claimed is superior to the creditor’s lien on the property: (a) Where real property has been levied upon under a writ of attachment or a writ of execution. (b) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  174. 720.120.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A person making a third-party claim must file it with the levying officer, with two copies, after levy on the property and before the officer sells the property, delivers it to the creditor, or pays collection proceeds to 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.120. A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the property but before the levying officer does any of the following: (a) Sells the property. (b) Delivers possession of the property to the creditor. (c) Pays proceeds of collection to the creditor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  175. 720.130.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third-party claim must be sworn and must include specified identifying information, the claimed property and interest, supporting facts, and an estimate of market 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.130. (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the third person and an address in this state where service by mail may be made on the third person. (2) A description of the property in which an interest is claimed. (3) A description of the interest claimed, including a statement of the facts upon which the claim is based. (4) An estimate of the market value of the interest claimed. (b) A copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court in its discretion may exclude from evidence any writing a copy of which was not attached to the third-party claim. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  176. 720.140.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must promptly serve the creditor, and also serve the debtor within the same service window, with the third-party claim papers and related notices.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.140. (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third-party claim. (2) A statement whether the third person has filed an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610). (3) If the third person has filed an undertaking to release the property, a notice that the property will be released unless, within the time allowed as specified in the notice, the creditor objects to the undertaking. (4) If the third person has not filed an undertaking to release the property, a notice that the property will be released unless, within the time allowed as specified in the notice, the creditor files with the levying officer an undertaking that satisfies the requirements of Section 720.160. (b) The time allowed the creditor for objecting to the third person’s undertaking to release the property or for filing an undertaking is 10 days after service under subdivision (a). (c) Within the time allowed for service on the creditor under subdivision (a), the levying officer shall serve a copy of the papers specified in subdivision (a) on the debtor. Service shall be made personally or by mail. (d) The levying officer may serve the copy of the third-party claim and the statement and notice pursuant to this section notwithstanding any defect, informality, or insufficiency of the claim. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  177. 720.150.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a third-party claim is timely filed, the levying officer may not sell the property, deliver it to the creditor, or pay collection proceeds to the creditor, 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.150. (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the property in which an interest is claimed: (1) Sell the property. (2) Deliver possession of the property to the creditor. (3) Pay proceeds of collection to the creditor. (b) The interest of the third person in the property levied upon is not affected by the third person’s failure to file a third-party claim under this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  178. 720.160.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the creditor files the required undertaking, the levying officer must proceed with the writ unless the third person files a release undertaking. The creditor’s undertaking must be for the specified amount or less, be in favor of the third person, and protect the third person against losses from the enforcement proceeding.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.160. (a) If the creditor files with the levying officer an undertaking that satisfies the requirements of this section within the time allowed under subdivision (b) of Section 720.140: (1) The levying officer shall execute the writ in the manner provided by law unless the third person files an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610). (2) After sale, payment, or delivery of the property pursuant to the writ, the property is free of all claims of the third person for which the creditor has given the undertaking. (b) Subject to Sections 720.770 and 996.010, unless the creditor elects to file an undertaking in a larger amount, the amount of the undertaking filed by the creditor under this section shall be in the amount of ten thousand dollars ($10,000), or twice the amount of the execution lien as of the date of levy or other enforcement lien as of the date it was created, whichever is the lesser amount. (c) An undertaking given by the creditor under this chapter shall: (1) Be made in favor of the third person. (2) Indemnify the third person against any loss, liability, damages, costs, and attorney’s fees, incurred by reason of the enforcement proceedings. (3) Be conditioned on a final judgment that the third person owns or has the right of possession of the property. (d) If the creditor is a public entity exempt from giving an undertaking, the public entity shall, in lieu of filing the undertaking, file with the levying officer a notice stating that the public entity opposes the claim of the third person. When so filed, the notice is deemed to satisfy the requirement of this section that an undertaking be filed. (Amended by Stats. 2001, Ch. 812, Sec. 5. Effective January 1, 2002.)
  179. 720.170.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must release the property if the creditor fails to file the required undertaking or notice on time, unless the property is held under another lien or 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Third-Party Claims of Ownership and Possession [720.110 - 720.170] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.170. (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610), if the creditor does not within the time allowed under subdivision (b) of Section 720.140 file with the levying officer an undertaking (or file a notice if the creditor is a public entity) that satisfies the requirements of Section 720.160, the levying officer shall release the property unless it is to be held under another lien or unless otherwise ordered by the court. (b) Except as otherwise provided in this section, release is governed by Section 699.060. (c) If personal property that has been taken into custody is to be released to the debtor pursuant to Section 699.060 and the debtor has not claimed the property within 10 days after notice was served pursuant to Section 699.060, the levying officer shall release the property to the third person making the claim. (d) A hearing may be had on the third-party claim pursuant to Chapter 4 (commencing with Section 720.310) notwithstanding the release of the property pursuant to this section. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  180. 720.210.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third person or secured party may file a third-party claim over levied property if their security interest or lien is superior to the creditor’s 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.210. (a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale, a third person claiming a security interest in or lien on the personal property may make a third-party claim under this chapter if the security interest or lien claimed is superior to the creditor’s lien on the property. (b)A secured party claiming a security interest in fixtures may make a third-party claim pursuant to this chapter if the security interest claimed is superior to the creditor’s lien on the property. For this purpose, references in this division to “personal property” shall be deemed references to fixtures. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  181. 720.220.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A person filing a third-party claim under this chapter must file it with the levying officer, along with two copies, after levy on the personal property and before the officer sells the property, gives it to the creditor, or pays collection proceeds to 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.220. A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the personal property but before the levying officer does any of the following: (a) Sells the property. (b) Delivers possession of the property to the creditor. (c) Pays proceeds of collection to the creditor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  182. 720.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A third-party claim for a security interest or lien must be sworn and include specified identifying and claim details, with supporting documents attached in some 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.230. (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the secured party or lienholder and an address in this state where service by mail may be made on the secured party or lienholder. (2) A description of the personal property in which a security interest or lien is claimed. (3) A detailed description of the security interest or lien claimed, including a statement of the facts upon which it is based. (4) A statement of the total amount of sums due or to accrue under the security interest or lien and the applicable rate of interest on amounts due. (b) In the case of a security interest, a copy of the security agreement and any financing statement shall be attached to the third-party claim. In the case of a lien, a copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court in its discretion may exclude from evidence any writing a copy of which was not attached to the third-party claim. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  183. 720.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must serve the creditor and the debtor with specified third-party claim papers and notices within set time 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.240. (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third-party claim. (2) A statement whether the third person has filed an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610). (3) If the third person has filed an undertaking to release the property, a notice that the property will be released unless, within the time allowed as specified in the notice, the creditor objects to the undertaking. (4) If the third person has not filed an undertaking to release the property, a notice that the property will be released unless, within the time allowed as specified in the notice, the creditor does one of the following: (A) Files with the levying officer an undertaking that satisfies the requirements of Section 720.260 and a statement under Section 720.280. (B) Deposits with the levying officer the amount claimed plus interest at the applicable rate to the estimated date of tender to the secured party or lienholder. (b) The time allowed the creditor for objecting to the third person’s undertaking to release the property or for filing an undertaking and statement or making a deposit pursuant to subdivision (a) is 10 days after service under subdivision (a). (c) Within the time allowed for service on the creditor under subdivision (a), the levying officer shall serve a copy of the papers specified in subdivision (a) on the debtor. Service shall be made personally or by mail. (d) The levying officer may serve the copy of the third-party claim and the statement and notice pursuant to this section notwithstanding any defect, informality, or insufficiency of the claim. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  184. 720.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a third-party claim is timely filed, the levying officer may not sell the property, give it to the creditor, or pay collection proceeds to the creditor, 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.250. (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the personal property in which the security interest or lien is claimed: (1) Sell the property. (2) Deliver possession of the property to the creditor. (3) Pay proceeds of collection to the creditor. (b) The interest of a secured party or lienholder in the property levied upon is not affected by the failure of the secured party or lienholder to file a third-party claim under this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  185. 720.260.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A creditor may need to file an undertaking and statement, or deposit the claimed amount, to trigger execution on the writ; a public entity exempt from an undertaking must file a notice 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.260. (a) If the creditor within the time allowed under subdivision (b) of Section 720.240 either files with the levying officer an undertaking that satisfies the requirements of this section and a statement that satisfies the requirements of Section 720.280 or makes a deposit with the levying officer of the amount claimed under Section 720.230: (1) The levying officer shall execute the writ in the manner provided by law unless, in a case where the creditor has filed an undertaking, the secured party or lienholder files an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610). (2) After sale, payment, or delivery of the property pursuant to the writ, the property is free of all claims or liens of the secured party or lienholder for which the creditor has given the undertaking or made the deposit. (b) Subject to Sections 720.770 and 996.010, unless the creditor elects to file an undertaking in a larger amount, the amount of the undertaking filed by the creditor under this section shall be in the amount of ten thousand dollars ($10,000) or twice the amount of the execution lien as of the date of levy or other enforcement lien as of the date it was created, whichever is the lesser amount. (c) An undertaking given by the creditor under this chapter shall: (1) Be made in favor of the secured party or lienholder. (2) Indemnify the secured party or lienholder against any loss, liability, damages, costs, and attorney’s fees, incurred by reason of the enforcement proceedings. (3) Be conditioned on a final judgment that the security interest or lien of the third person is entitled to priority over the creditor’s lien. (d) If the creditor is a public entity exempt from giving an undertaking, the public entity shall, in lieu of filing the undertaking, file with the levying officer a notice stating that the public entity opposes the claim of the third person. When so filed, the notice is deemed to satisfy the requirement of this section that an undertaking be filed. (Amended by Stats. 2001, Ch. 812, Sec. 6. Effective January 1, 2002.)
  186. 720.270.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the creditor does not timely take the required steps, the levying officer must release the personal property, subject to listed exceptions. If the property is later to be released to the debtor and the debtor does not claim it within 10 days after notice, the officer must release it to the secured party or lienholder making the claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.270. (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610), if the creditor does not within the time allowed under subdivision (b) of Section 720.240 file with the levying officer an undertaking (or file a notice if the creditor is a public entity) that satisfies the requirements of Section 720.260 and a statement under Section 720.280, or deposit with the levying officer the amount claimed under Section 720.230, the levying officer shall release the personal property unless it is to be held under another lien or unless otherwise ordered by the court. (b) Except as otherwise provided in this section, release is governed by Section 699.060. (c) If property that has been taken into custody is to be released to the debtor pursuant to Section 699.060 and the debtor has not claimed the property within 10 days after notice was served pursuant to Section 699.060, the levying officer shall release the property to the secured party or lienholder making the claim. (d) A hearing may be had on the third-party claim pursuant to Chapter 4 (commencing with Section 720.310) notwithstanding the release of the property pursuant to this section. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  187. 720.280.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When a creditor files an undertaking in response to a secured party’s third-party claim, the creditor must file an oath-backed statement with the levying officer and serve copies on the secured party and the 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.280. At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the following: (a) File with the levying officer a statement executed under oath that the security interest is invalid, that the security interest is not entitled to priority over the creditor’s lien, or that the amount demanded in the claim exceeds the amount to which the secured party is entitled, for the reasons specified therein. (b) Serve a copy of the statement on the secured party. Service shall be made personally or by mail. (c) Serve a copy of the statement on the debtor. Service shall be made personally or by mail. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  188. 720.290.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must promptly pay or tender the deposit to the secured party or lienholder, unless the deposit is by personal check and time is needed for the check to clear.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Third-Party Claim of Security Interest or Lien [720.210 - 720.290] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.290. (a) If the levying officer receives a sufficient deposit from the creditor, the levying officer shall promptly tender or pay the deposit to the secured party or lienholder who made the third-party claim except that, if the deposit is made by personal check, the levying officer is allowed a reasonable time for the check to clear. (b) If the tender is accepted, the interest of the secured party or lienholder in the property for which deposit is made passes to the creditor making the deposit and, on distribution of any proceeds under Section 701.810, the creditor who makes the deposit shall be entitled to the proceeds to the extent of the deposit in the priority of the interest for which the deposit is made. (c) If the tender is refused, the amount of the deposit shall be deposited with the county treasurer payable to the order of the secured party or lienholder. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  189. 720.310.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The creditor or third person may ask the court for a hearing on the third-party claim within 15 days of the relevant filing event, and the court must hold the hearing within 20 days after the petition unless it is continued for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.310. (a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.120 or 720.220, or 15 days after filing an undertaking pursuant to Section 720.610, either the creditor or the third person may petition the court for a hearing to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the claim. (b) The hearing may be held whether or not an undertaking has been filed but not if a deposit has been made pursuant to Section 720.260. (c) The hearing shall be held within 20 days after the filing of the petition unless continued by the court for good cause shown. (Amended by Stats. 1986, Ch. 672, Sec. 1.)
  190. 720.320.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The petitioner must give notice of the hearing to the other interested parties, file a copy with the levying officer, and include the hearing’s purpose in the 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.320. (a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following: (1) Serve notice of the time and place of the hearing on the creditor or the third person (whichever person is not the petitioner) and on the debtor. Service shall be made personally or by mail. (2) File a copy of the notice of hearing with the levying officer. (b) The notice of the hearing shall include a statement that the purpose of the hearing is to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the third-party claim. (Amended by Stats. 1989, Ch. 693, Sec. 4.)
  191. 720.330.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The levying officer must promptly file specified papers with the court after receiving notice of a third-party claim 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.330. Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court: (a) The third-party claim that was filed with the levying officer pursuant to Section 720.120 or 720.220. (b) Any statement filed by the creditor with the levying officer pursuant to Section 720.280 in opposition to the third-party claim of a secured party. (c) Any undertaking of the creditor filed with the levying officer pursuant to Section 720.160 or Section 720.260. (d) Any undertaking to release filed by a third person pursuant to Chapter 6 (commencing with section 720.610). (e) Any notice filed by a public entity pursuant to Section 720.160 or 720.260. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  192. 720.340.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If the creditor did not already file a statement with the levying officer, the creditor must file that statement with the court and serve a copy on the secured party when a hearing on the third-party claim 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.340. If the creditor has not filed a statement with the levying officer pursuant to Section 720.280 in opposition to a third-party claim by a secured party: (a) In a case where the creditor petitions for a hearing on the third-party claim, the creditor shall file the statement with the court at the time the petition is filed and shall serve a copy thereof on the secured party with notice of the hearing served pursuant to Section 720.320. (b) In a case where the secured party has petitioned for a hearing on the third-party claim, the creditor shall file the statement with the court and serve a copy of the statement on the secured party not later than five days before the date set for the hearing. Service shall be made personally or by mail. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  193. 720.350.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The court may allow amendments in the interest of justice, and a third-party claim or creditor’s statement serves as the relevant pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.350. (a) Subject to the power of the court to permit an amendment in the interest of justice: (1) The third-party claim constitutes the pleading of the third person. (2) In the case of a third-party claim by a secured party, the creditor’s statement constitutes the pleading of the creditor. (b) A third-party claim of ownership, right to possession, or a lien, shall be deemed controverted by the creditor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  194. 720.360.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    At a third-party claim hearing, the third person must prove their claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.360. At a hearing on a third-party claim, the third person has the burden of proof. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  195. 720.370.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A hearing petition and related proceedings cannot be dismissed without the other side’s consent, depending on who filed the petition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.370. If the petition for a hearing was made by the third person, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of the creditor. If the petition for a hearing was made by the creditor, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of the third person. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  196. 720.380.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The court may stay a sale or block a transfer of levied property, and the creditor, debtor, or third person may ask for that relief after a third-party claim is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.380. (a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property levied upon under a writ until proceedings for the determination of the rights of a third person can be commenced and prosecuted to termination and may require such undertaking as it considers necessary as a condition for making the order. (b) After the filing of a third-party claim, notwithstanding Sections 720.160 and 720.260, the creditor, the debtor, or the third person may apply to the court for an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property until proceedings under this article can be commenced and prosecuted to termination. The application shall be made on noticed motion if the court so directs or a court rule otherwise so requires. Otherwise, the application may be made ex parte. (c) An order made pursuant to this section may be modified or vacated by the court at any time prior to the termination of the proceedings upon such terms as are just. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  197. 720.390.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    At the end of the hearing, the court must decide whether the third-party claim is valid and may order what happens to the property or its proceeds, subject to Section 720.420.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.390. At the conclusion of the hearing, the court shall give judgment determining the validity of the third-party claim and may order the disposition of the property or its proceeds in accordance with the respective interests of the parties. Subject to Section 720.420, the judgment is conclusive between the parties to the proceeding. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  198. 720.400.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Proceedings under this chapter do not require findings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.400. No findings are required in proceedings under this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  199. 720.410.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This chapter does not provide a right to a jury trial in proceedings under 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.410. There is no right to a jury trial in a proceeding pursuant to this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  200. 720.420.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    An appeal may be taken from a judgment under Section 720.390.

    ## 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 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.420. An appeal may be taken from a judgment given pursuant to Section 720.390. (Amended by Stats. 1998, Ch. 931, Sec. 98. Effective September 28, 1998.)

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