CODE OF CIVIL PROCEDURE
TITLE 9
Enforcement of Judgments Law

 

680.010. This title shall be known and may be cited as the
Enforcement of Judgments Law.

680.110. Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this title.

680.120. "Account debtor" means "account debtor" as defined in
paragraph (3) of subdivision (a) of Section 9102 of the Commercial
Code.


680.130. "Account receivable" means "account" as defined in
paragraph (2) of subdivision (a) of Section 9102 of the Commercial
Code.


680.135. "Affidavit of Identity" means an affidavit or declaration
executed by a judgment creditor, under penalty of perjury, that is
filed with the clerk of the court in which the judgment is entered at
the time the judgment creditor files for a writ of execution or an
abstract of judgment. The affidavit of identity shall set forth the
case name and number, the name of the judgment debtor stated in the
judgment, the additional name or names by which the judgment debtor
is known, and the facts upon which the judgment creditor has relied
in obtaining the judgment debtor's additional name or names. The
affidavit of identity shall not include the name or names of persons,
including any corporations, partnerships, or any legal entities not
separately named in the judgment in which the judgment debtor is a
partner, shareholder, or member, other than the judgment debtor.


680.140. "Chattel paper" means "chattel paper" as defined in
paragraph (11) of subdivision (a) of Section 9102 of the Commercial
Code.


680.145. "Child support" includes family support.

680.150. "Costs" means costs and disbursements, including but not
limited to statutory fees, charges, commissions, and expenses.

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

680.170. "Deposit account" means "deposit account" as defined in
paragraph (29) of subdivision (a) of Section 9102 of the Commercial
Code.


680.180. "Document of title" means "document" as defined in
paragraph (30) of subdivision (a) of Section 9102 of the Commercial
Code. A document of title is negotiable if it is negotiable within
the meaning of Section 7104 of the Commercial Code.


680.190. "Equity" means the fair market value of the interest of
the judgment debtor in property, or in the case of community property
the fair market value of the interest of the judgment debtor and the
spouse of the judgment debtor in the property, over and above all
liens and encumbrances on the interest superior to the judgment
creditor's lien.

680.200. "Financial institution" means a state or national bank,
state or federal savings and loan association or credit union, or
like organization, and includes a corporation engaged in a safe
deposit business.


680.210. "General intangibles" means "general intangibles," as
defined in paragraph (42) of subdivision (a) of Section 9102 of the
Commercial Code, consisting of rights to payment.

680.220. "Instrument" means "instrument", as defined in paragraph
(47) of subdivision (a) of Section 9102 of the Commercial Code.

680.230. "Judgment" means a judgment, order, or decree entered in a
court of this state.

680.240. "Judgment creditor" means the person in whose favor a
judgment is rendered or, if there is an assignee of record, means the
assignee of record. Unless the context otherwise requires, the term
also includes the guardian or conservator of the estate, personal
representative, or other successor in interest of the judgment
creditor or assignee of record.

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

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

680.270. "Money judgment" means that part of a judgment that
requires the payment of money.

680.280. "Person" includes a natural person, a corporation, a
partnership or other unincorporated association, a general partner of
a partnership, a limited liability company, and a public entity.

680.290. "Personal property" includes both tangible and intangible
personal property.

680.300. "Principal amount of the judgment" means the total amount
of the judgment as entered or as last renewed, together with the
costs thereafter added to the judgment pursuant to Section 685.090,
reduced by any partial satisfactions of such amount and costs and by
any amounts no longer enforceable.

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

680.320. "Real property" includes any right in real property,
including but not limited to a leasehold interest in real property.

680.330. "Registered process server" means a person registered as a
process server pursuant to Chapter 16 (commencing with Section
22350) of Division 8 of the Business and Professions Code.

680.340. "Secured party" means "secured party" as defined in
paragraph (72) of subdivision (a) of Section 9102 of the Commercial
Code.


680.345. "Security" means a "security" as defined in Section 8102
of the Commercial Code.

680.350. "Security agreement" means "security agreement" as defined
in paragraph (73) of subdivision (a) of Section 9102 of the
Commercial Code.


680.360. "Security interest" means "security interest" as defined
in Section 1201 of the Commercial Code.

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

680.370. "Tangible personal property" includes chattel paper,
documents of title, instruments, securities, and money.

680.380. "Writ" includes a writ of execution, a writ of possession
of personal property, a writ of possession of real property, and a
writ of sale.

681.010. Except as otherwise provided by statute:
(a) A money judgment is enforceable as provided in Division 2
(commencing with Section 695.010).
(b) A judgment for possession of personal property is enforceable
as provided in Chapter 2 (commencing with Section 714.010) of
Division 3.
(c) A judgment for possession of real property is enforceable as
provided in Chapter 3 (commencing with Section 715.010) of Division
3.
(d) A judgment for sale of real or personal property is
enforceable as provided in Chapter 4 (commencing with Section
716.010) of Division 3.
(e) A judgment requiring performance of an act not described in
subdivisions (a) to (d), inclusive, or requiring forbearance from
performing an act, is enforceable as provided in Chapter 5
(commencing with Section 717.010) of Division 3.

681.020. An assignee of a judgment is not entitled to enforce the
judgment under this title unless an acknowledgment of assignment of
judgment to that assignee has been filed under Section 673 or the
assignee has otherwise become an assignee of record.


681.030. (a) The Judicial Council may provide by rule for the
practice and procedure in proceedings under this title.
(b) The Judicial Council may prescribe the form of the
applications, notices, orders, writs, and other papers to be used
under this title. The Judicial Council may prescribe forms in
languages other than English. The timely completion and return of a
Judicial Council form prescribed in a language other than English has
the same force and effect as the timely completion and return of an
English language form.
(c) The Judicial Council shall prepare a form containing all of
the following:
(1) A list of each of the federal and this state's exemptions from
enforcement of a money judgment against a natural person.
(2) A citation to the relevant statute of the United States or
this state which creates each of the exemptions.
(3) Information on how to obtain the list of exemption amounts
published pursuant to subdivision (d) of Section 703.150.

681.040. If a paper is required or permitted to be filed with a
levying officer under this title, the paper is considered filed when
it is actually received by the levying officer.

681.050. If any provision or clause of this title or application
thereof to any person or circumstances is held invalid, the
invalidity does not affect other provisions or applications of this
title which can be given effect without the invalid provision or
application, and to this end the provisions of this title are
severable.

683.010. Except as otherwise provided by statute or in the
judgment, a judgment is enforceable under this title upon entry.

683.020. Except as otherwise provided by statute, upon the
expiration of 10 years after the date of entry of a money judgment or
a judgment for possession or sale of property:
(a) The judgment may not be enforced.
(b) All enforcement procedures pursuant to the judgment or to a
writ or order issued pursuant to the judgment shall cease.
(c) Any lien created by an enforcement procedure pursuant to the
judgment is extinguished.

683.030. If a money judgment is payable in installments, the
10-year period of enforceability prescribed by Section 683.020 runs
as to each installment from the date the installment becomes due and
runs as to costs from the date the costs are added to the judgment
pursuant to Section 685.090.

683.040. If the judgment creditor applies for a writ for the
enforcement of a judgment and the application is made more than 10
years after the date the judgment was entered or renewed, the
application shall be accompanied by an affidavit of a person having
knowledge of the facts stating facts showing that the issuance of the
writ sought in the application is not barred under this chapter. A
copy of the affidavit shall be attached to the writ when issued.

683.050. Nothing in this chapter limits any right the judgment
creditor may have to bring an action on a judgment, but any such
action shall be commenced within the period prescribed by Section
337.5.


683.110. (a) The period of enforceability of a money judgment or a
judgment for possession or sale of property may be extended by
renewal of the judgment as provided in this article.
(b) A judgment shall not be renewed under this article if the
application for renewal is filed within five years from the time the
judgment was previously renewed under this article.

683.120. (a) The judgment creditor may renew a judgment by filing
an application for renewal of the judgment with the court in which
the judgment was entered.
(b) Except as otherwise provided in this article, the filing of
the application renews the judgment in the amount determined under
Section 683.150 and extends the period of enforceability of the
judgment as renewed for a period of 10 years from the date the
application is filed.
(c) In the case of a money judgment payable in installments, for
the purposes of enforcement and of any later renewal, the amount of
the judgment as renewed shall be treated as a lump-sum money judgment
entered on the date the application is filed.

683.130. (a) In the case of a lump-sum money judgment or a judgment
for possession or sale of property, the application for renewal of
the judgment may be filed at any time before the expiration of the
10-year period of enforceability provided by Section 683.020 or, if
the judgment is a renewed judgment, at any time before the expiration
of the 10-year period of enforceability of the renewed judgment
provided by Section 683.120.
(b) In the case of a money judgment payable in installments, the
application for renewal of the judgment may be filed:
(1) If the judgment has not previously been renewed, at any time
as to past due amounts that at the time of filing are not barred by
the expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.
(2) If the judgment has previously been renewed, within the time
specified by subdivision (a) as to the amount of the judgment as
previously renewed and, as to any past due amounts that became due
and payable after the previous renewal, at any time before the
expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.

683.140. The application for renewal of the judgment shall be
executed under oath and shall include all of the following:
(a) The title of the court where the judgment is entered and the
cause and number of the action.
(b) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
(c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor.
(d) In the case of a money judgment, the information necessary to
compute the amount of the judgment as renewed. In the case of a
judgment for possession or sale of property, a description of the
performance remaining due.

683.150. (a) Upon the filing of the application, the court clerk
shall enter the renewal of the judgment in the court records.
(b) The fee for filing an application for renewal of judgment is
as provided in subdivision (b) of Section 70626 of the Government
Code.
(c) In the case of a money judgment, the entry of renewal shall
show the amount of the judgment as renewed. Except as provided in
subdivisions (d) and (e), this amount is the amount required to
satisfy the judgment on the date of the filing of the application for
renewal and includes the fee for the filing of the application for
renewal.
(d) In the case of a money judgment payable in installments not
previously renewed, the amount of the judgment as renewed is the
total of the past due installments, the costs added to the judgment
pursuant to Section 685.090, and the accrued interest, which remains
unsatisfied and is enforceable on the date of the filing of the
application for renewal and includes the fee for the filing of the
application for renewal.
(e) In the case of a money judgment payable in installments
previously renewed, the amount of the judgment as renewed under the
latest renewal is the total of the following which remains
unsatisfied and is enforceable on the date of the filing of the
application for the latest renewal:
(1) The amount of the judgment as renewed under the previous
renewal.
(2) The past due installments that became due and payable after
the previous renewal.
(3) The costs that have been added to the judgment pursuant to
Section 685.090 after the previous renewal.
(4) The interest that has accrued on the amounts described in
paragraphs (1), (2), and (3) since the last renewal.
(5) The fee for filing the application for renewal.
(f) In the case of a judgment for possession or sale of property,
the entry of renewal shall describe the performance remaining due.


683.160. (a) The judgment creditor shall serve a notice of renewal
of the judgment on the judgment debtor. Service shall be made
personally or by first-class mail and proof of service shall be filed
with the court clerk. The notice shall be in a form prescribed by
the Judicial Council and shall inform the judgment debtor that the
judgment debtor has 30 days within which to make a motion to vacate
or modify the renewal.
(b) Until proof of service is filed pursuant to subdivision (a),
no writ may be issued, nor may any enforcement proceedings be
commenced to enforce the judgment, except to the extent that the
judgment would be enforceable had it not been renewed.

683.170. (a) The renewal of a judgment pursuant to this article may
be vacated on any ground that would be a defense to an action on the
judgment, including the ground that the amount of the renewed
judgment as entered pursuant to this article is incorrect, and shall
be vacated if the application for renewal was filed within five years
from the time the judgment was previously renewed under this
article.
(b) Not later than 30 days after service of the notice of renewal
pursuant to Section 683.160, the judgment debtor may apply by noticed
motion under this section for an order of the court vacating the
renewal of the judgment. The notice of motion shall be served on the
judgment creditor. Service shall be made personally or by mail.
(c) Upon the hearing of the motion, the renewal may be ordered
vacated upon any ground provided in subdivision (a), and another and
different renewal may be entered, including, but not limited to, the
renewal of the judgment in a different amount if the decision of the
court is that the judgment creditor is entitled to renewal in a
different amount.


683.180. (a) If a judgment lien on an interest in real property has
been created pursuant to a money judgment and the judgment is
renewed pursuant to this article, the duration of the judgment lien
is extended until 10 years from the date of the filing of the
application for renewal if, before the expiration of the judgment
lien, a certified copy of the application for renewal is recorded
with the county recorder of the county where the real property
subject to the judgment lien is located.
(b) A judgment lien on an interest in real property that has been
transferred subject to the lien is not extended pursuant to
subdivision (a) if the transfer was recorded before the application
for renewal was filed unless both of the following requirements are
satisfied:
(1) A copy of the application for renewal is personally served on
the transferee.
(2) Proof of such service is filed with the court clerk within 90
days after the filing of the application for renewal.

683.190. If a lien (other than a judgment lien on an interest in
real property or an execution lien) has been created by an
enforcement procedure pursuant to a judgment and the judgment is
renewed pursuant to this article, the duration of the lien is
extended, subject to any other limitations on its duration under this
title, until 10 years from the date of the filing of the application
for renewal of the judgment if, before the expiration of the lien, a
certified copy of the application for renewal is served on or filed
with the same person and in the same manner as the notice or order
that created the lien.


683.200. If a judgment is renewed pursuant to this article, any
enforcement proceeding previously commenced pursuant to the judgment
or to a writ or order issued pursuant to the judgment that would have
ceased pursuant to Section 683.020 had the judgment not been renewed
may be continued, subject to any other limitations provided in this
title, if, before the expiration of the prior 10-year period of
enforceability, a certified copy of the application for renewal of
the judgment is filed with the levying officer, receiver, or other
officer acting pursuant to such writ or order or, in other cases, is
filed in the enforcement proceeding.

683.210. A judgment may be renewed notwithstanding any stay of
enforcement of the judgment, but the renewal of the judgment does not
affect the stay of enforcement.

683.220. If a judgment is renewed pursuant to this article, the
date of the filing of the application for renewal shall be deemed to
be the date that the period for commencing an action on the renewed
judgment commences to run under Section 337.5.

683.310. Except as otherwise provided in the Family Code, this
chapter does not apply to a judgment or order made or entered
pursuant to the Family Code.


683.320. This chapter does not apply to a money judgment against a
public entity that is subject to Section 965.5 or 970.1 of the
Government Code.

684.010. Subject to Chapter 1 (commencing with Section 283) of
Title 5 of Part 1 of this code and Section 215 of the Family Code,
when a notice, order, or other paper is required to be served under
this title on the judgment creditor, it shall be served on the
judgment creditor's attorney of record rather than on the judgment
creditor if the judgment creditor has an attorney of record.

684.020. (a) Except as provided in subdivision (b), when a writ,
notice, order, or other paper is required to be served under this
title on the judgment debtor, it shall be served on the judgment
debtor instead of the attorney for the judgment debtor.
(b) The writ, notice, order, or other paper shall be served on the
attorney specified by the judgment debtor rather than on the
judgment debtor if all of the following requirements are satisfied:
(1) The judgment debtor has filed with the court and served on the
judgment creditor a request that service on the judgment debtor
under this title be made by serving the attorney specified in the
request. Service on the judgment creditor of the request shall be
made personally or by mail. The request shall include a consent,
signed by the attorney, to receive service under this title on behalf
of the judgment debtor.
(2) The request has not been revoked by the judgment debtor.
(3) The consent to receive service has not been revoked by the
attorney.
(c) A request or consent under subdivision (b) may be revoked by
filing with the court a notice revoking the request or consent. A
copy of the notice revoking the request or consent shall be served on
the judgment creditor. Service shall be made personally or by mail.
The judgment creditor is not bound by the revocation until the
judgment creditor has received a copy of the notice revoking the
request or consent.

684.030. Sections 684.010 and 684.020 do not apply to either of the
following:
(a) A subpoena or other process to require the attendance of a
party.
(b) A paper to bring a party into contempt.

684.040. If service on an attorney is required under this article,
service on the attorney shall be made in any of the following ways:
(a) By personal delivery to the attorney.
(b) By service in the manner provided in subdivision (1) of
Section 1011.
(c) By mail in the manner provided in Section 684.120.


684.050. Service on the attorney for the judgment creditor or the
judgment debtor pursuant to the provisions of this article
constitutes service on the judgment creditor or judgment debtor for
the purposes of this title.

684.110. (a) Subject to subdivisions (b), (c), and (d), if a writ,
notice, order, or other paper is required to be personally served
under this title, service shall be made in the same manner as a
summons is served under Chapter 4 (commencing with Section 413.10) of
Title 5.
(b) If the paper is required to be personally served under this
title and service on an attorney is required under Article 1
(commencing with Section 684.010), service shall be made on the
attorney in the manner provided in Section 684.040.
(c) If the service is on (1) a financial institution, (2) a title
insurer (as defined in Section 12340.4 of the Insurance Code) or
underwritten title company (as defined in Section 12340.5 of the
Insurance Code), or (3) an industrial loan company (as defined in
Section 18003 of the Financial Code), service shall be made at the
office or branch that has actual possession of the property levied
upon or at which a deposit account levied upon is carried and shall
be made upon the officer, manager, or other person in charge of the
office or branch at the time of service.
(d) Subject to subdivision (c), if a levy is made by personally
serving a copy of the writ and notice of levy on a third person,
service on the third person shall be made in the same manner as a
summons may be served under Section 415.10 or 415.20.

684.120. (a) Except as otherwise provided in this title, if a writ,
notice, order, or other paper is to be served by mail under this
title, it shall be sent by first-class mail (unless some other type
of mail is specifically required) and shall be deposited in a post
office, mailbox, sub-post office, substation, mail chute, or other
like facility regularly maintained by the United States Postal
Service, in a sealed envelope, with postage paid, addressed as
follows:
(1) If an attorney is being served in place of the judgment
creditor or judgment debtor as provided in Section 684.010 or
684.020, to the attorney at the last address given by the attorney on
any paper filed in the proceeding and served on the party making the
service.
(2) If any other person is being served, to such person at the
person's current mailing address if known or, if unknown, at the
address last given by the person on any paper filed in the proceeding
and served on the party making the service.
(3) If the mailing cannot be made as provided in paragraph (1) or
(2), to the person at the person's last known address.
(b) Service by mail is complete at the time of deposit; but,
unless the court prescribes a shorter period of time, any prescribed
period of notice and any right or duty to do any act or make any
response within any prescribed period or on a date certain after a
paper is served by mail is extended:
(1) Five days if the place of address is within the State of
California.
(2) Ten days if the place of address is outside the State of
California but within the United States.
(3) Twenty days if the place of address is outside the United
States.
(c) The writ, notice, order, or other paper served by mail under
this section shall bear a notation of the date and place of mailing
or be accompanied by an unsigned copy of the affidavit or certificate
of mailing. This subdivision is directory only.

684.130. (a) If the levying officer is required by any provision of
this title to serve any writ, order, notice, or other paper on any
person, the judgment creditor shall include in the instructions to
the levying officer the correct name and address of the person. The
judgment creditor shall use reasonable diligence to ascertain the
correct name and address of the person.
(b) Unless the levying officer has actual knowledge that the name
or address included in the instructions is incorrect, the levying
officer shall rely on the instructions in serving the writ, order,
notice, or other paper on the person.

684.140. If a provision of this title provides for service by the
levying officer of an order, notice, or other paper that runs in
favor of a particular person, personal service of the paper may be
made by the person or the person's agent if the levying officer gives
permission. The levying officer's permission may be evidenced by a
certificate signed by the levying officer. This section does not
authorize the levying officer to give permission to serve a writ or
notice of levy. If service is made by a person or the person's agent
pursuant to this section, the cost of the service is not a
recoverable cost. Nothing in this section limits the authority of a
registered process server provided in this title.

684.210. If service of notice of a court hearing is required under
this title, proof of service of the notice shall be made at or before
the hearing to the satisfaction of the court.

684.220. Proof of service or of posting or publication under this
title may be made by, but is not limited to, the following means:
(a) If service is made in the same manner as a summons is served
under Chapter 4 (commencing with Section 413.10) of Title 5, proof of
service may be made in the manner provided in Article 5 (commencing
with Section 417.10) of that chapter.
(b) If service is made in the same manner as a summons is served
under Section 415.10 or 415.20, proof of service may be made by
affidavit of the person making the service showing the time, place,
and manner of service and the facts showing that the service was made
in accordance with the applicable statutory provisions. The
affidavit shall recite or in other manner show the name of the person
to whom the papers served were delivered and, if appropriate, the
title of the person or the capacity in which the person was served.
(c) Proof of service by mail as provided in Section 684.120 may be
made in the manner prescribed in Section 1013a.
(d) Proof of posting may be made by the affidavit of the person
who posted the notice, showing the time and place of posting.
(e) Proof of publication may be made by the affidavit of the
publisher or printer, or the foreman or principal clerk of the
publisher or printer, showing the time and place of publication.
(f) Proof of service may be made by the written admission of the
person served.
(g) Proof of service however made, or of posting or publication,
may be made by testimonial evidence.


684.310. Except for Sections 684.130 and 684.140, the provisions of
Article 1 (commencing with Section 684.010) and Article 2
(commencing with Section 684.110) do not apply to service under
Chapter 5 (commencing with Section 706.010) of Division 2 (wage
garnishment).


685.010. (a) Interest accrues at the rate of 10 percent per annum
on the principal amount of a money judgment remaining unsatisfied.
(b) The Legislature reserves the right to change the rate of
interest provided in subdivision (a) at any time to a rate of less
than 10 percent per annum, regardless of the date of entry of the
judgment or the date any obligation upon which the judgment is based
was incurred. A change in the rate of interest may be made
applicable only to the interest that accrues after the operative date
of the statute that changes the rate.

685.020. (a) Except as provided in subdivision (b), interest
commences to accrue on a money judgment on the date of entry of the
judgment.
(b) Unless the judgment otherwise provides, if a money judgment is
payable in installments, interest commences to accrue as to each
installment on the date the installment becomes due.


685.030. (a) If a money judgment is satisfied in full pursuant to a
writ under this title, interest ceases to accrue on the judgment:
(1) If the proceeds of collection are paid in a lump sum, on the
date of levy.
(2) If the money judgment is satisfied pursuant to an earnings
withholding order, on the date and in the manner provided in Section
706.024 or Section 706.028.
(3) In any other case, on the date the proceeds of sale or
collection are actually received by the levying officer.
(b) If a money judgment is satisfied in full other than pursuant
to a writ under this title, interest ceases to accrue on the date the
judgment is satisfied in full.
(c) If a money judgment is partially satisfied pursuant to a writ
under this title or is otherwise partially satisfied, interest ceases
to accrue as to the part satisfied on the date the part is
satisfied.
(d) For the purposes of subdivisions (b) and (c), the date a money
judgment is satisfied in full or in part is the earliest of the
following times:
(1) The date satisfaction is actually received by the judgment
creditor.
(2) The date satisfaction is tendered to the judgment creditor or
deposited in court for the judgment creditor.
(3) The date of any other performance that has the effect of
satisfaction.
(e) The clerk of a court may enter in the Register of Actions a
writ of execution on a money judgment as returned wholly satisfied
when the judgment amount, as specified on the writ, is fully
collected and only an interest deficit of no more than ten dollars
($10) exists, due to automation of the continual daily interest
accrual calculation.


685.040. The judgment creditor is entitled to the reasonable and
necessary costs of enforcing a judgment. Attorney's fees incurred in
enforcing a judgment are not included in costs collectible under
this title unless otherwise provided by law. Attorney's fees
incurred in enforcing a judgment are included as costs collectible
under this title if the underlying judgment includes an award of
attorney's fees to the judgment creditor pursuant to subparagraph (A)
of paragraph (10) of subdivision (a) of Section 1033.5.

685.050. (a) If a writ is issued pursuant to this title to enforce
a judgment, the costs and interest to be satisfied in a levy under
the writ are the following:
(1) The statutory fee for issuance of the writ.
(2) The amount of interest that has accrued from the date of entry
or renewal of the judgment to the date of issuance of the writ, as
adjusted for partial satisfactions, if the judgment creditor has
filed an affidavit with the court clerk stating such amount.
(3) The amount of interest that accrues on the principal amount of
the judgment remaining unsatisfied from the date of issuance of the
writ until the date interest ceases to accrue.
(4) The levying officer's statutory costs for performing the
duties under the writ.
(b) In a levy under the writ, the levying officer shall do all of
the following:
(1) Collect the amount of costs and interest entered on the writ
pursuant to paragraphs (1) and (2) of subdivision (a).
(2) Compute and collect the amount of additional interest required
to be collected by paragraph (3) of subdivision (a) by reference to
the daily interest entered on the writ. If amounts collected
periodically do not fully satisfy the money judgment, the levying
officer may, pursuant to a policy adopted by the office of the
levying officer, adjust the amount of daily interest to reflect the
partial satisfactions, and make later collections by reference to the
adjusted amount of daily interest.
(3) Determine and collect the amount of additional costs pursuant
to paragraph (4) of subdivision (a).

685.070. (a) The judgment creditor may claim under this section the
following costs of enforcing a judgment:
(1) Statutory fees for preparing and issuing, and recording and
indexing, an abstract of judgment or a certified copy of a judgment.

(2) Statutory fees for filing a notice of judgment lien on
personal property.
(3) Statutory fees for issuing a writ for the enforcement of the
judgment to the extent that the fees are not satisfied pursuant to
Section 685.050.
(4) Statutory costs of the levying officer for performing the
duties under a writ to the extent that the costs are not satisfied
pursuant to Section 685.050 and the statutory fee of the levying
officer for performing the duties under the Wage Garnishment Law to
the extent that the fee has not been satisfied pursuant to the wage
garnishment.
(5) Costs incurred in connection with any proceeding under Chapter
6 (commencing with Section 708.010) of Division 2 that have been
approved as to amount, reasonableness, and necessity by the judge or
referee conducting the proceeding.
(6) Attorney's fees, if allowed by Section 685.040.
(b) Before the judgment is fully satisfied but not later than two
years after the costs have been incurred, the judgment creditor
claiming costs under this section shall file a memorandum of costs
with the court clerk and serve a copy on the judgment debtor.
Service shall be made personally or by mail. The memorandum of costs
shall be executed under oath by a person who has knowledge of the
facts and shall state that to the person's best knowledge and belief
the costs are correct, are reasonable and necessary, and have not
been satisfied.
(c) Within 10 days after the memorandum of costs is served on the
judgment debtor, the judgment debtor may apply to the court on
noticed motion to have the costs taxed by the court. The notice of
motion shall be served on the judgment creditor. Service shall be
made personally or by mail. The court shall make an order allowing
or disallowing the costs to the extent justified under the
circumstances of the case.
(d) If no motion to tax costs is made within the time provided in
subdivision (c), the costs claimed in the memorandum are allowed.
(e) If a memorandum of costs for the costs specified in
subdivision (a) is filed at the same time as an application for a
writ of execution, these statutory costs not already allowed by the
court in an amount not to exceed one hundred dollars ($100) in the
aggregate may be included in the amount specified in the writ of
execution, subject to subsequent disallowance as ordered by the court
pursuant to a motion to tax if filed by the debtor. The memorandum
of costs shall contain the following statement: "The fees sought
under this memorandum may be disallowed by a court upon a motion to
tax filed by the debtor notwithstanding the fees having been included
in the writ of execution." The inclusion of the above costs in the
writ of execution or the pendency of the motion to tax on these costs
shall not be cause for the clerk of the court to delay issuing the
writ of execution or for the levying officer to delay enforcing the
writ of execution.
(f) Section 1013, extending the time within which a right may be
exercised or an act may be done, applies to this section.

685.080. (a) The judgment creditor may claim costs authorized by
Section 685.040 by noticed motion. The motion shall be made before
the judgment is satisfied in full, but not later than two years after
the costs have been incurred. The costs claimed under this section
may include, but are not limited to, costs that may be claimed under
Section 685.070 and costs incurred but not approved by the court or
referee in a proceeding under Chapter 6 (commencing with Section
708.010) of Division 2.
(b) The notice of motion shall describe the costs claimed, shall
state their amount, and shall be supported by an affidavit of a
person who has knowledge of the facts stating that to the person's
best knowledge and belief the costs are correct, are reasonable and
necessary, and have not been satisfied. The notice of motion shall
be served on the judgment debtor. Service shall be made personally
or by mail.
(c) The court shall make an order allowing or disallowing the
costs to the extent justified under the circumstances of the case.


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

(1) Upon the filing of an order allowing the costs pursuant to
this chapter.
(2) If a memorandum of costs is filed pursuant to Section 685.070
and no motion to tax is made, upon the expiration of the time for
making the motion.
(3) As specified in Section 685.095.
(b) The costs added to the judgment pursuant to this section are
included in the principal amount of the judgment remaining
unsatisfied.
(c) If a writ or earnings withholding order is outstanding at the
time the costs are added to the judgment pursuant to this section,
the levying officer shall add the amount of those costs to the
amount to be collected pursuant to the writ or earnings withholding
order if the levying officer receives either of the following before
the writ or earnings withholding order is returned:
(1) A certified copy of the court order allowing the costs.
(2) A certificate from the clerk of the court that the costs have
been added to the judgment where the costs have been added to the
judgment after a memorandum of costs has been filed pursuant to
Section 685.070 and no motion to tax has been made within the time
allowed for making the motion.
(d) The levying officer shall include the costs described in
subdivision (c) in the amount of the sale or collection distributed
to the judgment creditor only if the levying officer receives the
certified copy of the court order or the clerk's certificate before
the distribution is made.

685.095. When a writ is served by a levying officer or registered
process server, the costs for that service, as determined pursuant to
Section 1033.5, shall be added to and become part of the judgment.

685.100. (a) Except as otherwise provided by law:
(1) As a prerequisite to the performance by the levying officer of
a duty under this title, the judgment creditor shall deposit a sum
of money with the levying officer sufficient to pay the costs of
performing the duty.
(2) As a prerequisite to the taking of property into custody by
the levying officer, whether by keeper or otherwise, the judgment
creditor shall deposit with the levying officer a sum of money
sufficient to pay the costs of taking the property and keeping it
safely for a period not to exceed 15 days. If continuation of the
custody of the property is required, the levying officer shall, from
time to time, demand orally or in writing that the judgment creditor
deposit additional amounts to cover estimated costs for periods not
to exceed 30 days each. A written demand may be mailed or delivered
to the judgment creditor. The judgment creditor has not less than
three business days after receipt of the demand within which to
comply with the demand. If the amount demanded is not paid within
the time specified in the oral or written demand, the levying officer
shall release the property.
(b) The levying officer is not liable for failure to take or hold
property unless the judgment creditor has complied with the
provisions of this section.

685.110. Nothing in this chapter affects the law relating to
prejudgment interest.

686.010. After the death of the judgment creditor, the judgment may
be enforced as provided in this title by the judgment creditor's
executor or administrator or successor in interest.

686.020. After the death of the judgment debtor, enforcement of a
judgment against property in the judgment debtor's estate is governed
by the Probate Code, and not by this title.


687.010. (a) The judgment creditor shall give the levying officer
instructions in writing. The instructions shall be signed by the
judgment creditor's attorney of record or, if the judgment creditor
does not have an attorney of record, by the judgment creditor. The
instructions shall contain the information needed or requested by the
levying officer to comply with the provisions of this title,
including but not limited to:
(1) An adequate description of any property to be levied upon.
(2) A statement whether the property is a dwelling.
(3) If the property is a dwelling, whether it is real or personal
property.
(b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
(c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.

687.020. (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.
(b) If an instrument is payable to the judgment debtor on demand
and comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.
(c) The levying officer shall endorse the instrument by writing on
the instrument (1) the name of the judgment debtor, (2) the name and
official title of the levying officer, (3) the title of the court
where the judgment is entered, and (4) the date of entry of the
judgment and where entered in the records of the court. The
endorsement is as valid as if the instrument were endorsed by the
judgment debtor. No financial institution or public entity on which
the instrument is drawn is liable to any person for payment of the
instrument to the levying officer rather than to the judgment debtor
by reason of the endorsement. No levying officer is liable by reason
of endorsing, presenting, and obtaining payment of the instrument.
(d) If it appears from the face of the instrument that it has been
tendered to the judgment debtor in satisfaction of a claim or demand
and that endorsement of the instrument is considered a release and
satisfaction by the judgment debtor of the claim or demand, the
levying officer shall not endorse the instrument unless the judgment
debtor has first endorsed it to the levying officer. If the judgment
debtor does not endorse the instrument to the levying officer, the
levying officer shall hold the instrument for 30 days and is not
liable to the judgment debtor or to any other person for delay in
presenting it for payment. At the end of the 30-day holding period,
the levying officer shall return the instrument to the maker.


687.030. Except as otherwise provided by statute, where the method
of levy upon property requires that the property be taken into
custody or where the levying officer is otherwise directed to take
property into custody, the levying officer may do so by any of the
following methods:
(a) Removing the property to a place of safekeeping.
(b) Installing a keeper.
(c) Otherwise obtaining possession or control of the property.

687.040. (a) The levying officer or registered process server is
not liable for actions taken in conformance with the provisions of
this title, including actions taken in conformance with the
provisions of this title in reliance on information contained in the
written instructions of the judgment creditor, or in reliance on
information provided to the levying officer by a registered process
server pursuant to subdivision (d) of Section 699.080 or subdivision
(e) of Section 706.101 or subdivision (b) of Section 715.040 or other
provision, except to the extent the levying officer or registered
process server has actual knowledge that the information is
incorrect. Nothing in this subdivision limits any liability the
judgment creditor may have if the levying officer or registered
process server acts on the basis of incorrect information given in
the written instructions.
(b) Unless the levying officer is negligent in the care or
handling of the property, the levying officer is not liable to either
the judgment debtor or the judgment creditor for loss by fire,
theft, injury, or damage of any kind to personal property while (1)
in the possession of the levying officer either in a warehouse or
other storage place or in the custody of a keeper or (2) in transit
to or from a warehouse or other storage place.

687.050. The levying officer has a special lien, dependent upon
possession, on personal property levied upon in the amount of the
levying officer's costs for which an advance has not been made.


688.010. For the purpose of the remedies provided under this
article, jurisdiction is conferred upon any of the following courts:

(a) The superior court, regardless of whether the municipal court
also has jurisdiction under subdivision (b).
(b) The municipal court if (1) the amount of liability sought to
be collected does not exceed the jurisdictional amount of the court
and (2) the legality of the liability being enforced is not contested
by the person against whom enforcement is sought.

688.020. (a) Except as otherwise provided by statute, whenever a
warrant may properly be issued by the state, or by a department or
agency of the state, pursuant to any provision of the Public
Resources Code, Revenue and Taxation Code, or Unemployment Insurance
Code, and the warrant may be levied with the same effect as a levy
pursuant to a writ of execution, the state or the department or
agency of the state authorized to issue the warrant may use any of
the remedies available to a judgment creditor, including but not
limited to, those provided in Chapter 6 (commencing with Section
708.010) of Division 2.
(b) The proper court for the enforcement of such remedies is a
court of any of the following counties:
(1) The county where the debtor resides.
(2) The county where the property against which enforcement is
sought is located.
(3) If the debtor does not reside in this state, any county of
this state.


688.030. (a) Whenever pursuant to any provision of the Public
Resources Code, Revenue and Taxation Code (excluding Sections 3201 to
3204, inclusive), or Unemployment Insurance Code, property is levied
upon pursuant to a warrant or notice of levy issued by the state or
by a department or agency of the state for the collection of a
liability:
(1) If the debtor is a natural person, the debtor is entitled to
the same exemptions to which a judgment debtor is entitled. Except
as provided in subdivisions (b) and (c), the claim of exemption shall
be made, heard, and determined as provided in Chapter 4 (commencing
with Section 703.010) of Division 2 in the same manner as if the
property were levied upon under a writ of execution.
(2) A third person may claim ownership or the right to possession
of the property or a security interest in or lien on the property.
Except as provided in subdivisions (b) and (c) or as otherwise
provided by statute, the third-party claim shall be made, heard, and
determined as provided in Division 4 (commencing with Section
720.010) in the same manner as if the property were levied upon under
a writ of execution.
(b) In the case of a levy pursuant to a notice of levy:
(1) The claim of exemption or the third-party claim shall be filed
with the state department or agency that issued the notice of levy.

(2) The state department or agency that issued the notice of levy
shall perform the duties of the levying officer, except that the
state department or agency need not give itself the notices that the
levying officer is required to serve on a judgment creditor or
creditor or the notices that a judgment creditor or creditor is
required to give to the levying officer. The state department or
agency in performing the duties of the levying officer under this
paragraph has no obligation to search public records or otherwise
seek to determine whether any lien or encumbrance exists on property
sold or collected.
(c) A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 688.010 in the county where the property levied upon is
located.

688.040. For the purpose of this article, as used in this title:
(a) "Judgment creditor" or "creditor" means the state or the
department or agency of the state seeking to collect the liability.
(b) "Judgment debtor" or "debtor" means the debtor from whom the
liability is sought to be collected.

688.050. For the purpose of applying Section 694.080, 703.050, or
703.100, the date of creation of a tax lien is the earliest of the
following times:
(a) The time when a notice of state tax lien is recorded or filed
pursuant to Chapter 14 (commencing with Section 7150) of Division 7
of Title 1 of the Government Code.
(b) The time when the property is levied upon pursuant to a
warrant or notice of levy or notice to withhold issued by the state
or by a department or agency of the state.
(c) The time when any other act is performed that creates or
perfects a lien on specific property as distinguished from a lien on
the debtor's property generally.


688.110. Except as otherwise provided by statute, if a judgment is
entered on a claim for taxes by a public entity, the judgment is
enforceable pursuant to this title in the same manner as any other
money judgment.

689.010. For the purpose of the remedies provided under this
chapter, jurisdiction is conferred upon the superior court.

689.020. (a) Except as otherwise provided by statute, whenever a
warrant may properly be issued by a local child support agency
pursuant to Section 17522 of the Family Code, and the warrant may be
levied with the same effect as a levy pursuant to a writ of
execution, the local child support agency may use any of the remedies
available to a judgment creditor, including, but not limited to,
those provided in Chapter 6 (commencing with Section 708.010) of
Division 2.
(b) The proper court for the enforcement of the remedies provided
under this chapter is the superior court in the county where the
local child support agency enforcing the support obligation is
located.

689.030. (a) Whenever the local child support agency, pursuant to
Section 17522 of the Family Code, levies upon property pursuant to a
warrant or notice of levy for the collection of a support obligation:

(1) If the debtor is a natural person, the debtor is entitled to
the same exemptions to which a judgment debtor is entitled. Except
as provided in subdivisions (b) and (c), the claim of exemption shall
be made, heard, and determined as provided in Chapter 4 (commencing
with Section 703.010) of Division 2 in the same manner as if the
property were levied upon under a writ of execution.
(2) A third person may claim ownership or the right to possession
of the property or a security interest in or lien on the property.
Except as provided in subdivisions (b) and (c) or as otherwise
provided by statute, the third-party claim shall be made, heard, and
determined as provided in Division 4 (commencing with Section
720.010) in the same manner as if the property were levied upon under
a writ of execution.
(b) In the case of a warrant or notice of levy issued pursuant to
Section 17522 of the Family Code, the claim of exemption or the
third-party claim shall be filed with the local child support agency
that issued the warrant or notice of levy.
(c) A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 689.010 in the county where the local child support agency
enforcing the support obligation is located.


689.040. (a) Notwithstanding any other provision of law, in the
case of a writ of execution issued by a court of competent
jurisdiction pursuant to Chapter 3 (commencing with Section 699.010)
and Chapter 5 (commencing with Section 706.010) of Division 2, the
local child support agency, when enforcing a support obligation
pursuant to Division 17 (commencing with Section 17000) of the Family
Code, may perform the duties of the levying officer, except that the
local child support agency need not give itself the notices that the
levying officer is required to serve on a judgment creditor or
creditor or the notices that a judgment creditor or creditor is
required to give to the levying officer.
(b) Notwithstanding subdivision (a) of Section 700.140, if the
writ of execution is for a deposit or credits or personal property in
the possession or under the control of a bank or savings and loan
association, the local child support agency may deliver or mail the
writ of execution to a centralized location designated by the bank or
savings and loan association. If the writ of execution is received
at the designated central location, it will apply to all deposits and
credits and personal property held by the bank or savings and loan
association regardless of the location of that property.

689.050. For the purpose of this chapter:
(a) "Judgment creditor" or "creditor" means the local child
support agency seeking to collect a child or spousal support
obligation pursuant to a support order.
(b) "Judgment debtor" or "debtor" means the debtor from whom the
support obligation is sought to be collected.

694.010. As used in this chapter:
(a) "Operative date" means July 1, 1983.
(b) "Prior law" means the applicable law in effect on June 30,
1983.


694.020. Except as otherwise provided in this chapter, this title
on and after its operative date applies to all proceedings commenced
prior thereto unless in the opinion of the court application of a
particular provision of this title would substantially interfere with
the effective conduct of the proceedings or the rights of the
parties or other interested persons, in which case the particular
provision of this title does not apply and prior law applies.

694.030. (a) Except for a judgment described in Section 683.310 or
683.320, the period for enforcement of a money judgment or a judgment
for possession or sale of property entered prior to the operative
date is governed on and after the operative date by Chapter 3
(commencing with Section 683.010).
(b) Notwithstanding subdivision (a), even though a judgment to
which subdivision (a) applies is not renewable pursuant to Chapter 3
(commencing with Section 683.010) because the time for filing an
application for renewal has expired, the judgment may be renewed
under Chapter 3 (commencing with Section 683.010) if the court which
entered the judgment determines, on noticed motion filed within two
years after the operative date, that authority to enforce the
judgment after the 10-year period provided in former Section 681
would have been granted if a motion had been made under former
Section 685 and the court, in its discretion, makes an order
authorizing the renewal of the judgment. The notice of motion shall
be served personally or by mail on the judgment debtor.

694.040. (a) Except as provided in subdivision (c), property levied
upon or otherwise subjected to process for enforcement of a money
judgment or a judgment for possession or sale of property prior to
the operative date is subject to prior law relating to sale or
delivery of possession.
(b) The duties to be performed in the execution of a writ or order
for the enforcement of a money judgment or a judgment for possession
or sale of property that is served prior to the operative date are
governed by prior law.
(c) The manner of payment at a sale of property pursuant to a writ
or order after the operative date is governed by Section 701.590.


694.050. (a) Except as provided in subdivision (b), property levied
upon, or property to be sold upon which foreclosure or other
proceedings for sale have been commenced, prior to the operative date
that would have been sold subject to the right of redemption under
prior law shall be sold subject to the right of redemption and may be
redeemed as provided by prior law.
(b) If the judgment creditor and judgment debtor agree in writing,
property described in subdivision (a) may be sold as provided in
this title rather than subject to the right of redemption.
(c) Property sold prior to the operative date subject to the right
of redemption under prior law may be redeemed as provided by prior
law.


694.060. Notwithstanding Section 708.230, an action may be
commenced pursuant to Section 708.210 within one year after the
operative date if the action could have been commenced under prior
law on the day before the operative date.


694.070. (a) A third-party claim filed prior to the operative date
is governed by prior law.
(b) A demand for a third-party claim served on a secured party
prior to the operative date is governed by prior law.

694.080. The exemptions from enforcement of a money judgment
provided by this title do not apply to property levied upon or
otherwise subjected to a lien prior to the operative date. Whether
such property is exempt is determined by the exemptions provided by
law at the time the lien was created.

694.090. On and after the operative date, a declaration of
homestead made under prior law pursuant to Title 5 (commencing with
Section 1237) of Part 4 of Division 2 of the Civil Code is effective
only to the extent provided in Article 5 (commencing with Section
704.910) of Chapter 4 of Division 2.


695.010. (a) Except as otherwise provided by law, all property of
the judgment debtor is subject to enforcement of a money judgment.
(b) If property of the judgment debtor was attached in the action
but was transferred before entry of the money judgment in favor of
the judgment creditor, the property is subject to enforcement of the
money judgment so long as the attachment lien remains effective.


695.020. (a) Community property is subject to enforcement of a
money judgment as provided in the Family Code.
(b) Unless the provision or context otherwise requires, if
community property that is subject to enforcement of a money judgment
is sought to be applied to the satisfaction of a money judgment:
(1) Any provision of this division that applies to the property of
the judgment debtor or to obligations owed to the judgment debtor
also applies to the community property interest of the spouse of the
judgment debtor and to obligations owed to the other spouse that are
community property.
(2) Any provision of this division that applies to property in the
possession or under the control of the judgment debtor also applies
to community property in the possession or under the control of the
spouse of the judgment debtor.

695.030. (a) Except as otherwise provided by statute, property of
the judgment debtor that is not assignable or transferable is not
subject to enforcement of a money judgment.
(b) The following property is subject to enforcement of a money
judgment:
(1) An interest in a trust, to the extent provided by law.
(2) A cause of action for money or property that is the subject of
a pending action or special proceeding.

695.035. (a) A lessee's interest in real property may be applied to
the satisfaction of a money judgment in any of the following
circumstances:
(1) If the lessee has the right voluntarily to sublet the property
or assign the interest in the lease.
(2) If the lessee has the right voluntarily to sublet the property
or assign the interest in the lease subject to standards or
conditions and the purchaser at the execution sale or other assignee
agrees to comply with the standards or conditions that would have had
to be complied with had the lessee voluntarily sublet the property
or assigned the interest in the lease.
(3) If the lessee has the right voluntarily to sublet the property
or assign the interest in the lease with the consent of the lessor,
in which case the obligation of the lessor to consent to the
assignment is subject to the same standard that would apply had the
lessee voluntarily sublet the property or assigned the interest in
the lease.
(4) In any other case, if the lessor consents in writing.
(b) A provision in a lease for the termination or modification of
the lease upon an involuntary transfer or assignment of the lessee's
interest is ineffective to the extent that such provision would
prevent the application of the lessee's interest to the satisfaction
of the money judgment under subdivision (a).


695.040. Property that is not subject to enforcement of a money
judgment may not be levied upon or in any other manner applied to the
satisfaction of a money judgment. If property that is not subject
to enforcement of a money judgment has been levied upon, the property
may be released pursuant to the claim of exemption procedure
provided in Article 2 (commencing with Section 703.510) of Chapter 4.


695.050. A money judgment against a public entity is not
enforceable under this division if the money judgment is subject to
Chapter 1 (commencing with Section 965) of, or Article 1 (commencing
with Section 970) of Chapter 2 of, Part 5 of Division 3.6 of Title 1
of the Government Code.

695.060. Except as provided in Section 708.630, a license issued by
a public entity to engage in any business, profession, or activity
is not subject to enforcement of a money judgment.

695.070. (a) Notwithstanding the transfer or encumbrance of
property subject to a lien created under this division, if the
property remains subject to the lien after the transfer or
encumbrance, the money judgment may be enforced against the property
in the same manner and to the same extent as if it had not been
transferred or encumbered.
(b) If the judgment debtor dies after the transfer of property
that remains subject to a lien created under this division, the money
judgment may be enforced against the property as provided in
subdivision (a).

695.210. The amount required to satisfy a money judgment is the
total amount of the judgment as entered or renewed with the
following additions and subtractions:
(a) The addition of costs added to the judgment pursuant to
Section 685.090.
(b) The addition of interest added to the judgment as it accrues
pursuant to Sections 685.010 to 685.030, inclusive.
(c) The subtraction of the amount of any partial satisfactions of
the judgment.
(d) The subtraction of the amount of any portion of the judgment
that is no longer enforceable.


695.211. (a) Every money judgment or order for child support shall
provide notice that interest on arrearages accrues at the legal rate.

(b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
(c) Upon implementation of the California Child Support Automation
System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and
certification of the California Child Support Automation System by
the United States Department of Health and Human Services, whenever a
statement of account is issued by the local child support agency in
any child support action, the statement shall include a statement of
an amount of current support, arrears, and interest due.

695.220. Money received in satisfaction of a money judgment, except
a money judgment for support, is to be credited as follows:
(a) The money is first to be credited against the amounts
described in subdivision (b) of Section 685.050 that are collected by
the levying officer.
(b) Any remaining money is next to be credited against any fee due
the court pursuant to Section 6103.5 or 68511.3 of the Government
Code, which are to be remitted to the court by the levying officer.
(c) Any remaining money is next to be credited against the accrued
interest that remains unsatisfied.
(d) Any remaining money is to be credited against the principal
amount of the judgment remaining unsatisfied. If the judgment is
payable in installments, the remaining money is to be credited
against the matured installments in the order in which they matured.

695.221. Satisfaction of a money judgment for support shall be
credited as follows:
(a) The money shall first be credited against the current month's
support.
(b) Any remaining money is next to be credited against the accrued
interest that remains unsatisfied.
(c) Any remaining money shall be credited against the principal
amount of the judgment remaining unsatisfied. If the judgment is
payable in installments, the remaining money shall be credited
against the matured installments in the order in which they matured.

(d) In cases enforced pursuant to Part D (commencing with Section
651) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code, if a lump-sum payment is collected from a support obligor who
has money judgments for support owing to more than one family, after
the implementation of the California Child Support Automation System
(CCSAS), all support collected shall be distributed pursuant to
guidelines developed by the State Department of Child Support
Services.
(e) Notwithstanding subdivisions (a), (b), and (c), a collection
received as a result of a federal tax refund offset shall first be
credited against the interest and then the principal amount of past
due support that has been assigned to the state pursuant to Section
11477 of the Welfare and Institutions Code and federal law prior to
the interest and then principal amount of any other past due support
remaining unsatisfied.
(f) If federal law does not permit states to adopt the same order
of distribution for the pre- and post-assistance child support
arrears effective October 1, 1998, the following shall be the order
of distribution of child support collections through September 30,
2000, except for federal tax refund offset collections, for child
support received for families and children who are former recipients
of Aid to Families with Dependent Children (AFDC) program benefits or
former recipients of Temporary Assistance for Needy Families (TANF)
program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then the arrearages.

(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then the arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
the arrearages.
(g) If federal law does permit states to adopt the same order of
distribution for the pre- and post-assistance child support arrears
effective October 1, 1998, or effective October 1, 2000, whichever
comes first, the following shall be the order of distribution of
child support collections, except for federal tax refund offset
collections, for child support received for families and children who
are former recipients of AFDC program benefits or former recipients
of TANF program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then the arrearages.

(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
the arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then the arrearages.
(h) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.

695.221. Satisfaction of a money judgment for support shall be
credited as follows:
(a) The money shall first be credited against the current month's
support.
(b) Any remaining money shall next be credited against the
principal amount of the judgment remaining unsatisfied. If the
judgment is payable in installments, the remaining money shall be
credited against the matured installments in the order in which they
matured.
(c) Any remaining money shall be credited against the accrued
interest that remains unsatisfied.
(d) In cases enforced pursuant to Part D (commencing with Section
651) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code, if a lump-sum payment is collected from a support obligor who
has money judgments for support owing to more than one family, after
the implementation of the California Child Support Automation System
(CCSAS), all support collected shall be distributed pursuant to
guidelines developed by the State Department of Child Support
Services.
(e) Notwithstanding subdivisions (a), (b), and (c), a collection
received as a result of a federal tax refund offset shall first be
credited against the principal amount of past due support that has
been assigned to the state pursuant to Section 11477 of the Welfare
and Institutions Code and federal law and then any interest due on
that past due support, prior to the principal amount of any other
past due support remaining unsatisfied and then any interest due on
that past due support.
(f) If federal law does not permit states to adopt the same order
of distribution for the pre- and post-assistance child support
arrears effective October 1, 1998, the following shall be the order
of distribution of child support collections through September 30,
2000, except for federal tax refund offset collections, for child
support received for families and children who are former recipients
of Aid to Families with Dependent Children (AFDC) program benefits or
former recipients of Temporary Assistance for Needy Families (TANF)
program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then the arrearages.

(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then the arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
the arrearages.
(g) If federal law does permit states to adopt the same order of
distribution for the pre- and post-assistance child support arrears
effective October 1, 1998, or effective October 1, 2000, whichever
comes first, the following shall be the order of distribution of
child support collections, except for federal tax refund offset
collections, for child support received for families and children who
are former recipients of AFDC program benefits or former recipients
of TANF program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against the
principal amount of the arrearages owed to the family or children
since leaving the AFDC program or the TANF program and then the
interest that accrued on those arrearages.
(3) Any remaining money shall next be credited against the
principal amount of the arrearages owed to the family or children
prior to receiving benefits from the AFDC program or the TANF program
and then the interest that accrued on those arrearages.
(4) Any remaining money shall next be credited against the
principal amount of the arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF
program and then the interest that accrued on those arrearages.
(h) This section shall become operative on January 1, 2009.

697.010. Except as otherwise provided by statute, a lien created
under this division or under Title 6.5 (commencing with Section
481.010) (attachment) is a lien for the amount required to satisfy
the money judgment.


697.020. (a) If a lien is created on property pursuant to Title 6.5
(commencing with Section 481.010) (attachment) and after judgment in
the action a lien is created pursuant to this division on the same
property under the same claim while the earlier lien is in effect,
the priority of the later lien relates back to the date the earlier
lien was created.
(b) If a lien is created on property pursuant to this division and
a later lien of the same or a different type is created pursuant to
this division on the same property under the same judgment while the
earlier lien is in effect, the priority of the later lien relates
back to the date the earlier lien was created.
(c) Nothing in this section affects priorities or rights of third
persons established while the earlier lien was in effect under the
law governing the earlier lien.

697.030. Subject to Sections 683.180 to 683.200, inclusive, and to
Section 697.040, except where a shorter period is provided by
statute, a lien created pursuant to this title is effective during
the period of enforceability of the judgment.


697.040. (a) If enforcement of the judgment is stayed on appeal by
the giving of a sufficient undertaking under Chapter 2 (commencing
with Section 916) of Title 13:
(1) Existing liens created under this division are extinguished.
(2) New liens may not be created under this division during the
period of the stay.
(b) Unless the court otherwise expressly orders, a stay of
enforcement of the judgment under Section 918 does not extinguish or
prevent the creation of a lien under Article 2 (commencing with
Section 697.310) or Article 3 (commencing with Section 697.510); but,
unless the court otherwise expressly orders, no other liens may be
created or continued under this division during the period of the
stay of enforcement.
(c) Unless the court expressly orders otherwise, if enforcement of
the judgment is stayed pursuant to Section 1699 or 1710.50:
(1) Existing liens created under this division are extinguished.
(2) New liens may not be created under this division during the
period of the stay.


697.050. If a lien created pursuant to this division is
extinguished, property held subject to the lien shall be released
unless the property is to be held under another lien or the property
is ordered by the court to be held pending resolution of a dispute
concerning its proper disposition.

697.060. (a) An abstract or certified copy of a money judgment of a
court of the United States that is enforceable in this state may be
recorded to create a judgment lien on real property pursuant to
Article 2 (commencing with Section 697.310).
(b) A notice of judgment lien based on a money judgment of a court
of the United States that is enforceable in this state may be filed
to create a judgment lien on personal property pursuant to Article 3
(commencing with Section 697.510).

697.310. (a) Except as otherwise provided by statute, a judgment
lien on real property is created under this section by recording an
abstract of a money judgment with the county recorder.
(b) Unless the money judgment is satisfied or the judgment lien is
released, subject to Section 683.180 (renewal of judgment), a
judgment lien created under this section continues until 10 years
from the date of entry of the judgment.
(c) The creation and duration of a judgment lien under a money
judgment entered pursuant to Section 117 or 582.5 of this code or
Section 16380 of the Vehicle Code or under a similar judgment is
governed by this section, notwithstanding that the judgment may be
payable in installments.

697.320. (a) A judgment lien on real property is created under this
section by recording an abstract, a notice of support judgment, an
interstate lien form promulgated by the federal Secretary of Health
and Human Services pursuant to Section 652(a)(11) of Title 42 of the
United States Code, or a certified copy of either of the following
money judgments with the county recorder:
(1) A judgment for child, family, or spousal support payable in
installments.
(2) A judgment entered pursuant to Section 667.7 (judgment against
health care provider requiring periodic payments).
(b) Unless the money judgment is satisfied or the judgment lien is
released, a judgment lien created under paragraph (1) of subdivision
(a) or by recording an interstate lien form, as described in
subdivision (a), continues during the period the judgment remains
enforceable. Unless the money judgment is satisfied or the judgment
lien is released, a judgment lien created under paragraph (2) of
subdivision (a) continues for a period of 10 years from the date of
its creation. The duration of a judgment lien created under
paragraph (2) of subdivision (a) may be extended any number of times
by recording, during the time the judgment lien is in existence, a
certified copy of the judgment in the manner provided in this section
for the initial recording; this rerecording has the effect of
extending the duration of the judgment lien created under paragraph
(2) of subdivision (a) until 10 years from the date of the
rerecording.

697.330. (a) In the case of a money judgment entered on an order,
decision, or award made under Division 4 (commencing with Section
3200) of the Labor Code (workers' compensation):
(1) If the judgment is for a lump sum, a judgment lien on real
property is created by recording an abstract of the judgment as
provided in Section 697.310 and, except as otherwise provided in
Division 4 (commencing with Section 3200) of the Labor Code, the
judgment lien is governed by the provisions applicable to a judgment
lien created under Section 697.310.
(2) If the judgment is for the payment of money in installments, a
judgment lien on real property is created by recording a certified
copy of the judgment as provided in Section 697.320 and, except as
otherwise provided in Division 4 (commencing with Section 3200) of
the Labor Code, the lien is governed by the provisions applicable to
a judgment lien created under Section 697.320.
(b) Nothing in this section limits or affects any provision of
Division 4 (commencing with Section 3200) of the Labor Code.

697.340. Except as provided in Section 704.950:
(a) A judgment lien on real property attaches to all interests in
real property in the county where the lien is created (whether
present or future, vested or contingent, legal or equitable) that are
subject to enforcement of the money judgment against the judgment
debtor pursuant to Article 1 (commencing with Section 695.010) of
Chapter 1 at the time the lien was created, but does not reach rental
payments, a leasehold estate with an unexpired term of less than two
years, the interest of a beneficiary under a trust, or real property
that is subject to an attachment lien in favor of the creditor and
was transferred before judgment.
(b) If any interest in real property in the county on which a
judgment lien could be created under subdivision (a) is acquired
after the judgment lien was created, the judgment lien attaches to
such interest at the time it is acquired.

697.350. (a) Except as otherwise provided by statute, a judgment
lien on real property is a lien for the amount required to satisfy
the money judgment.
(b) A judgment lien on real property created under a money
judgment payable in installments pursuant to Section 117 or 582.5 of
this code or Section 16380 of the Vehicle Code or under a similar
judgment is in the full amount required to satisfy the judgment, but
the judgment lien may not be enforced for the amount of unmatured
installments unless the court so orders.
(c) A judgment lien created pursuant to Section 697.320 is a lien
for the amount of the installments as they mature under the terms of
the judgment, plus accrued interest and the costs as they are added
to the judgment pursuant to Chapter 5 (commencing with Section
685.010) of Division 1, and less the amount of any partial
satisfactions, but does not become a lien for any installment until
it becomes due and payable under the terms of the judgment.

697.360. (a) If a judgment lien on real property has been created
under a money judgment that is thereafter modified as to its amount,
an abstract of the modified judgment or a certified copy of the order
modifying the judgment may be recorded in the same manner as an
abstract of judgment or a certified copy of the judgment is recorded
to create a judgment lien.
(b) If a judgment lien on real property has been created under a
money judgment that is thereafter modified to reduce its amount, the
judgment lien continues under the terms of the judgment as modified,
whether or not the modification is recorded as provided in
subdivision (a).
(c) If a judgment lien on real property has been created under a
money judgment that is thereafter modified to increase its amount,
the judgment lien continues under the terms of the original judgment
until such time as the modification is recorded as provided in
subdivision (a). Upon such recording, the judgment lien extends to
the judgment as modified, but the priority for the additional amount
under the judgment as modified dates from the time the modification
is recorded.
(d) Notwithstanding subdivision (c), if a judgment lien on real
property has been created under a money judgment, by recording of an
abstract of support judgment under paragraph (1) of subdivision (a)
of Section 697.320, and the support order is thereafter modified to
increase its amount, the judgment lien extends to the judgment as
modified without the need for recording of another abstract of
support judgment, but the priority for the additional amount under
the judgment dates from the time the modification is effective.
(e) A support obligee shall respond in a timely manner to (1) a
title or escrow company request for a demand statement needed to
close an escrow relating to a support judgment lien, or (2) a support
obligor who claims an error exists in the amount of alleged arrears.

(f) A support obligor who complies with the procedure specified in
Division 5 (commencing with Section 724.010) shall be entitled to
the remedies specified therein.

697.370. (a) The judgment creditor may do either of the following:

(1) Release from the judgment lien all or a part of the real
property subject to the lien.
(2) Subordinate to another lien or encumbrance the judgment lien
on all or a part of the real property subject to the judgment lien.
(b) A release or subordination is sufficient if it is executed by
the judgment creditor in the same manner as an acknowledgment of
satisfaction of judgment and contains all of the following:
(1) A description of the real property being released or on which
the lien is being subordinated. If the judgment debtor does not have
an interest of record in the real property, the release or
subordination shall show the name of the record owner. If all of the
real property of the judgment debtor in a county in which the lien
is recorded is being released from the judgment lien, or if the
judgment debtor has no known interest in any real property in that
county, the release shall, in lieu of containing a description of the
property being released, contain a statement substantially as
follows: "This is a release from the judgment lien described herein
of all of the interests in real property in ____ County presently
owned or hereafter acquired of the herein named judgment debtor
subject to the lien."
(2) The date the judgment lien was created and where in the
records of the county the abstract of judgment or certified copy of
the judgment was recorded to create the lien.
(3) The title of the court where the judgment is entered and the
cause and number of the action.
(4) The date of entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
(5) The name and address of the judgment creditor, the judgment
creditor's assignee, if any, and the judgment debtor whose interest
in real property is released from the judgment lien or with respect
to whom the judgment lien is subordinated.
(c) A release or subordination substantially complying with the
requirements of this section is effective even though it contains
minor errors that are not seriously misleading.
(d) The execution of a release or subordination of a judgment lien
pursuant to this section does not release or subordinate the
judgment lien as to judgment debtors not named in the release
pursuant to paragraph (5) of subdivision (b).

697.380. (a) As used in this section:
(1) "Installment judgment lien" means a judgment lien created
under Section 697.320.
(2) "Lump-sum judgment lien" means a judgment lien created under
Section 697. 310.
(b) Except as otherwise provided by law, the rules stated in this
section govern the priorities of judgment liens on real property.
(c) A lump-sum judgment lien has priority over any other lump-sum
judgment lien thereafter created.
(d) A lump-sum judgment lien has priority over an installment
judgment lien as to all of the following:
(1) Installments that mature on the installment judgment after the
lump-sum judgment lien is created.
(2) Interest that accrues on the installment judgment after the
lump-sum judgment lien is created.
(3) Costs that are added to the installment judgment after the
lump-sum judgment lien is created.
(e) An installment judgment lien has priority over a lump-sum
judgment lien as to all of the following:
(1) Installments that have matured on the installment judgment
before the lump-sum judgment lien is created.
(2) Interest that has accrued on the installment judgment before
the lump-sum judgment lien is created.
(3) Costs that have been added to the installment judgment before
the lump-sum judgment lien is created.
(f) If an installment judgment lien has been created and another
installment judgment lien is thereafter created, the first
installment judgment lien has priority over the second installment
judgment lien as to the installments that have matured on the
judgment at the time the second installment judgment lien is created,
the interest that has accrued prior to that time on the judgment,
and the costs that have been added prior to that time to the judgment
pursuant to Chapter 5 (commencing with Section 685.010) of Division
1. Thereafter, priorities are determined by the time at which each
installment matures on a judgment, the time the interest accrues on a
judgment, and the time costs are added to a judgment pursuant to
Chapter 5 (commencing with Section 685.010) of Division 1.
(g) For the purposes of this section, if two judgment liens attach
to the same property at the same time under subdivision (b) of
Section 697.340 (after-acquired property), the judgment lien that was
first created has priority as to all amounts that are due and
payable on that judgment at the time the property is acquired.

697.390. If an interest in real property that is subject to a
judgment lien is transferred or encumbered without satisfying or
extinguishing the judgment lien:
(a) The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.310 in the same amount
as if the interest had not been transferred or encumbered.
(b) The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.320 in the amount of
the lien at the time of transfer or encumbrance plus interest
thereafter accruing on such amount.

697.400. (a) The judgment creditor, judgment debtor, or owner of
real property subject to a judgment lien on real property created
under Section 697.310, may record in the office of the county
recorder an acknowledgment of satisfaction of judgment executed as
provided in Section 724.060 or a court clerk's certificate of
satisfaction of judgment issued pursuant to Section 724.100. Upon
such recording, the judgment lien created under the judgment that has
been satisfied is extinguished as a matter of record.
(b) The judgment creditor, judgment debtor, or owner of real
property subject to a judgment lien on real property created under
Section 697.320, may record in the office of the county recorder an
acknowledgment of satisfaction of matured installments under an
installment judgment if the acknowledgment is executed as provided in
Section 724.250. Upon such recording, the judgment lien is
extinguished as a matter of record to the extent of the satisfied
installments described in the acknowledgment of satisfaction.
(c) The judgment creditor, the judgment debtor, or the owner of
real property subject to a judgment lien, including a property owner
described in Section 697.410, may record in the office of the county
recorder a release or subordination of a judgment lien on real
property if the release or subordination is executed as provided in
Section 697.370.

697.410. (a) If a recorded abstract of a money judgment or
certified copy of a money judgment appears to create a judgment lien
on real property of a person who is not the judgment debtor because
the name of the property owner is the same as or similar to that of
the judgment debtor, the erroneously identified property owner may
deliver to the judgment creditor a written demand for a recordable
document releasing the lien. The demand shall be accompanied by
proof to the satisfaction of the judgment creditor that the property
owner is not the judgment debtor and that the property is not subject
to enforcement of the judgment against the judgment debtor.
(b) Within 15 days after receipt of the property owner's demand
and proof satisfactory to the judgment creditor that the property
owner is not the judgment debtor and that the property is not subject
to enforcement of the judgment, the judgment creditor shall deliver
to the property owner a recordable document releasing the lien on the
property of such owner. If the judgment creditor improperly fails
to deliver a recordable document releasing the lien within the time
allowed, the judgment creditor is liable to the property owner for
all damages sustained by reason of such failure and shall also
forfeit one hundred dollars ($100) to the property owner.
(c) If the judgment creditor does not deliver a recordable
document pursuant to subdivision (b), the property owner may apply to
the court on noticed motion for an order releasing the judgment lien
on the property of such owner. Notice of motion shall be served on
the judgment creditor. Service shall be made personally or by mail.
Upon presentation of evidence to the satisfaction of the court that
the property owner is not the judgment debtor and that the property
is not subject to enforcement of the judgment, the court shall order
the judgment creditor to prepare and deliver a recordable document
releasing the lien or shall itself order the release of the judgment
lien on the property of such owner. The court order may be recorded
in the office of the county recorder with the same effect as the
recordable document demanded by the property owner.
(d) The court shall award reasonable attorney's fees to the
prevailing party in any proceeding maintained pursuant to this
section.
(e) The damages provided by this section are not in derogation of
any other damages or penalties to which an aggrieved person may be
entitled by law.


697.510. (a) A judgment lien on personal property described in
Section 697.530 is created by filing a notice of judgment lien in the
office of the Secretary of State pursuant to this article. A
judgment lien may be created under this article only if the judgment
is a money judgment that was first entered in this state after June
30, 1983. Except as provided in subdivision (b) of Section 697.540,
a judgment lien may not be created under this article if the money
judgment is payable in installments unless all of the installments
under the judgment have become due and payable at the time the notice
of judgment lien is filed.
(b) Unless the money judgment is satisfied or the judgment lien is
terminated or released, the judgment lien continues for five years
from the date of filing.
(c) Notwithstanding Section 697.020, the priority of a judgment
lien created under this article does not relate back to the date an
earlier judgment lien was created under this article.

697.520. A judgment lien on personal property may be created
pursuant to this article as an alternative or in addition to a lien
created by levy under a writ of execution pursuant to Chapter 3
(commencing with Section 699.010) or by use of an enforcement
procedure provided by Chapter 6 (commencing with Section 708.010).


697.530. (a) A judgment lien on personal property is a lien on all
interests in the following personal property that are subject to
enforcement of the money judgment against the judgment debtor
pursuant to Article 1 (commencing with Section 695.010) of Chapter 1
at the time the lien is created if a security interest in the
property could be perfected under the Commercial Code by filing a
financing statement at that time with the Secretary of State:
(1) Accounts receivable.
(2) Chattel paper.
(3) Equipment.
(4) Farm products.
(5) Inventory.
(6) Negotiable documents of title.
(b) If any interest in personal property on which a judgment lien
could be created under subdivision (a) is acquired after the judgment
lien was created, the judgment lien attaches to the interest at the
time it is acquired.
(c) To the extent provided by Section 697.620, a judgment lien on
personal property continues on the proceeds received upon the sale,
collection, or other disposition of the property subject to the
judgment lien.
(d) Notwithstanding any other provision of this section, the
judgment lien does not attach to:
(1) A vehicle or vessel required to be registered with the
Department of Motor Vehicles or a mobilehome or commercial coach
required to be registered pursuant to the Health and Safety Code.
(2) The inventory of a retail merchant held for sale except to the
extent that the inventory of the retail merchant consists of durable
goods having a unit retail value of at least five hundred dollars
($500). For the purposes of this paragraph, "retail merchant" does
not include (A) a person whose sales for resale exceeded 75 percent
in dollar volume of the person's total sales of all goods during the
12 months preceding the filing of the notice of judgment lien on
personal property or (B) a cooperative association organized pursuant
to Chapter 1 (commencing with Section 54001) of Division 20 of the
Food and Agricultural Code (agricultural cooperative associations) or
Part 3 (commencing with Section 13200) of Division 3 of Title 1 of
the Corporations Code (Fish Marketing Act).
(e) If property subject to a lien under this article becomes a
fixture (as defined in paragraph (41) of subdivision (a) of Section
9102 of the Commercial Code), the judgment lien on such property is
extinguished.
(f) Notwithstanding the filing of a notice of judgment lien,
subject to the provisions of Chapter 6 (commencing with Section
708.010), a person obligated on an account receivable or chattel
paper is authorized to pay or compromise the amount without notice to
or consent of the judgment creditor unless and until there is a levy
pursuant to Chapter 3 (commencing with Section 699.010).

697.540. (a) Except as otherwise provided by statute, a judgment
lien on personal property is a lien for the amount required to
satisfy the money judgment.
(b) A judgment lien on personal property created under a money
judgment payable in installments pursuant to Section 117 or 582.5 of
this code or pursuant to Section 16380 of the Vehicle Code is in the
full amount required to satisfy the judgment, but the judgment lien
may not be enforced for the amount of unmatured installments unless
the court so orders.

697.550. The notice of judgment lien on personal property shall be
executed under oath by the judgment creditor's attorney if the
judgment creditor has an attorney of record or, if the judgment
creditor does not have an attorney of record, by the judgment
creditor and shall contain the following information:
(a) The name and mailing address of the judgment creditor.
(b) The name and last known mailing address of the judgment
debtor.
(c) A statement that: "All property subject to enforcement of a
money judgment against the judgment debtor to which a judgment lien
on personal property may attach under Section 697.530 of the Code of
Civil Procedure is subject to this judgment lien."
(d) The title of the court where the judgment is entered and the
cause and number of the action.
(e) The date of entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
(f) The amount required to satisfy the judgment at the date of the
notice.
(g) The date of the notice.

697.560. At the time of filing the notice of judgment lien on
personal property or promptly thereafter, the judgment creditor shall
serve a copy of the notice of judgment lien on the judgment debtor.
Service shall be made personally or by mail. The failure to comply
with this requirement does not affect the validity of the judgment
lien.

697.570. Upon presentation of a notice of judgment lien on personal
property for filing and tender of the filing fee to the office of
the Secretary of State, the notice of judgment lien shall be filed,
marked, and indexed in the same manner as a financing statement. The
fee for filing in the office of the Secretary of State is the same
as the fee for filing a financing statement in the standard form. A
notice shall not be filed if it is presented for filing more than 10
days after the date of the notice.

697.580. (a) Upon the request of any person, the Secretary of State
shall issue a certificate showing whether there is on file in that
office on the date and hour stated therein any notice of judgment
lien on personal property filed against the property of a particular
person named in the request. If a notice of judgment lien is on
file, the certificate shall state the date and hour of filing of each
such notice and any notice affecting any such notice of judgment
lien and the name and address of the judgment creditor.
(b) Upon request, the Secretary of State shall furnish a copy of
any notice of judgment lien or notice affecting a notice of judgment
lien. The certificate shall be issued as part of a combined
certificate pursuant to Section 9528 of the Commercial Code, and the
fee for the certificate and copies shall be in accordance with that
section.


697.590. (a) As used in this section:
(1) "Filing" means:
(A) With respect to a judgment lien on personal property, the
filing of a notice of judgment lien in the office of the Secretary of
State to create a judgment lien on personal property under this
article.
(B) With respect to a security interest, the filing of a financing
statement pursuant to Division 9 (commencing with Section 9101) of
the Commercial Code.
(2) "Perfection" means perfection of a security interest pursuant
to Division 9 (commencing with Section 9101) of the Commercial Code.

(3) "Personal property" means:
(A) With respect to a judgment lien on personal property, the
property to which a judgment lien has attached pursuant to this
article.
(B) With respect to a security interest, the collateral subject to
a security interest pursuant to Division 9 (commencing with Section
9101) of the Commercial Code.
(4) "Purchase money security interest" means "purchase money
security interest" as defined in Section 9103 of the Commercial Code.

(b) Except as provided in subdivisions (d) and (e), priority
between a judgment lien on personal property and a conflicting
security interest in the same personal property shall be determined
according to this subdivision. Conflicting interests rank according
to priority in time of filing or perfection. In the case of a
judgment lien, priority dates from the time filing is first made
covering the personal property. In the case of a security interest,
priority dates from the time a filing is first made covering the
personal property or the time the security interest is first
perfected, whichever is earlier, provided that there is no period
thereafter when there is neither filing nor perfection.
(c) For the purposes of subdivision (b), a date of filing or
perfection as to personal property is also a date of filing or
perfection as to proceeds.
(d) A purchase money security interest has priority over a
conflicting judgment lien on the same personal property or its
proceeds if the purchase money security interest is perfected at the
time the judgment debtor (as a debtor under the security agreement)
receives possession of the personal property or within 20 days
thereafter.
(e) If a purchase money security interest in inventory has
priority over a judgment lien pursuant to subdivision (d) and a
conflicting security interest has priority over the purchase money
security interest in the same inventory pursuant to Section 9324 of
the Commercial Code, the conflicting security interest also has
priority over the judgment lien on the inventory subject to the
purchase money security interest notwithstanding that the conflicting
security interest would not otherwise have priority over the
judgment lien.
(f) A judgment lien that has attached to personal property and
that is also subordinate under subdivision (b) to a security interest
in the same personal property is subordinate to the security
interest only to the extent that the security interest secures
advances made before the judgment lien attached or within 45 days
thereafter or made without knowledge of the judgment lien or pursuant
to a commitment entered into without knowledge of the judgment lien.
For the purpose of this subdivision, a secured party shall be
deemed not to have knowledge of a judgment lien on personal property
until (1) the judgment creditor serves a copy of the notice of
judgment lien on the secured party personally or by mail and (2) the
secured party has knowledge of the judgment lien on personal
property, as "knowledge" is defined in Section 1201 of the Commercial
Code. If service on the secured party is by mail, it shall be sent
to the secured party at the address shown in the financing statement
or security agreement.


697.600. (a) A judgment lien on personal property has priority over
any other judgment lien thereafter created on the property.
(b) For the purpose of this section, if two or more judgment liens
attach to after-acquired property at the same time under subdivision
(b) of Section 697.530, the judgment lien first filed has priority.


697.610. Except as provided in Sections 9617 and 9622 of the
Commercial Code, a judgment lien on personal property continues
notwithstanding the sale, exchange, or other disposition of the
property, unless the person receiving the property is one of the
following:
(a) A buyer in ordinary course of business (as defined in Section
1201 of the Commercial Code) who, under Section 9320 of the
Commercial Code, would take free of a security interest created by
the seller.
(b) A lessee in ordinary course of business (as defined in
paragraph (15) of subdivision (a) of Section 10103 of the Commercial
Code) who, under Section 9321 of the Commercial Code, would take free
of a security interest created by the lessor.
(c) A holder to whom a negotiable document of title has been duly
negotiated within the meaning of Section 7501 of the Commercial Code.

(d) A purchaser of chattel paper who, under Section 9330 of the
Commercial Code, would have priority over another security interest
in the chattel paper.


697.620. (a) As used in this section:
(1) "Cash proceeds" means money, checks, deposit accounts, and the
like.
(2) "Proceeds" means identifiable cash proceeds received upon the
sale, exchange, collection, or other disposition of property subject
to a judgment lien on personal property.
(b) Except as provided in subdivision (c), the judgment lien on
personal property continues in the proceeds with the same priority.
(c) In the event of insolvency proceedings (as defined in Section
1201 of the Commercial Code) instituted by or against the judgment
debtor, the judgment lien continues under subdivision (b) only in the
following proceeds:
(1) Proceeds in a separate deposit account containing only
proceeds.
(2) Proceeds in the form of money which are neither commingled
with other money nor deposited in a deposit account prior to the
insolvency proceedings.
(3) Proceeds in the form of checks and the like which are not
deposited in a deposit account prior to the insolvency proceedings.

697.640. (a) The judgment creditor, judgment debtor, owner of
property subject to a judgment lien on personal property created
under the judgment, or a person having a security interest in or a
lien on the property subject to the judgment lien, may file in the
office of the Secretary of State an acknowledgment of satisfaction of
judgment executed as provided in Section 724.060 or a court clerk's
certificate of satisfaction of judgment issued pursuant to Section
724.100, together with a statement containing the name of the
judgment creditor, the name and address of the judgment debtor, and
the file number of the notice of judgment lien. Upon such filing,
the judgment lien created under the judgment that has been satisfied
is extinguished as a matter of record. The fee for filing the
acknowledgment or certificate is the same as the fee for filing a
termination statement under Section 9404 of the Commercial Code.
(b) The filing officer shall treat an acknowledgment of
satisfaction of judgment, or court clerk's certificate of
satisfaction of judgment, and statement filed pursuant to this
section in the same manner as a termination statement filed pursuant
to Section 9525 of the Commercial Code.

697.650. (a) The judgment creditor may by a writing do any of the
following:
(1) Release the judgment lien on all the personal property subject
to the lien of a sole judgment debtor or of all the judgment
debtors.
(2) If the notice of judgment lien names more than one judgment
debtor, release the judgment lien on all the personal property
subject to the lien of one or more but of less than all the judgment
debtors.
(3) Release the judgment lien on all or a part of the personal
property subject to the lien.
(4) Subordinate to a security interest or other lien or
encumbrance the judgment lien on all or a part of the personal
property subject to the judgment lien.
(b) A statement of release or subordination is sufficient if it is
signed by the judgment creditor and contains the name and address of
the judgment debtor, the file number of the notice of judgment lien,
and wording appropriate to bring the statement within one of the
paragraphs of subdivision (a). In the case of a release under
paragraph (3) of subdivision (a), the statement of release shall also
describe the property being released. In the case of a
subordination under paragraph (4) of subdivision (a), the statement
of subordination shall also describe the property on which the
judgment lien is being subordinated and describe the security
interest or other lien or encumbrance to which the judgment lien is
being subordinated.
(c) The filing officer shall treat the filing of a statement of
release pursuant to paragraph (1) of subdivision (a) of this section
in the same manner as a termination statement filed pursuant to
Sections 9513 and 9519 of the Commercial Code. The filing officer
shall treat the filing of a statement of release pursuant to
paragraph (2) of subdivision (a) of this section in the same manner
as a comparable amendment filed pursuant to Sections 9512 and 9519 of
the Commercial Code. The filing officer shall treat the filing of a
statement of release pursuant to paragraph (3) of subdivision (a) of
this section and the filing of a statement of subordination filed
pursuant to paragraph (4) of subdivision (a) of this section in the
same manner as a statement of release filed pursuant to Sections 9512
and 9519 of the Commercial Code.
(d) The fee for filing the statement is the same as that provided
in Section 9525 of the Commercial Code.

697.660. (a) If a notice of judgment lien on personal property
filed in the office of the Secretary of State appears to create a
judgment lien on personal property of a person who is not the
judgment debtor because the name of the property owner is the same as
or similar to that of the judgment debtor, the erroneously
identified property owner or a person having a security interest in
or a lien on the property may deliver to the judgment creditor a
written demand that the judgment creditor file in the office of the
Secretary of State a statement releasing the lien as to the property
of such owner. The demand shall be accompanied by proof to the
satisfaction of the judgment creditor that the property owner is not
the judgment debtor and that the property is not subject to
enforcement of the judgment against the judgment debtor.
(b) Within 15 days after receipt of the demand and proof
satisfactory to the judgment creditor that the property owner is not
the judgment debtor and that the property is not subject to
enforcement of the judgment, the judgment creditor shall file in the
office of the Secretary of State a statement releasing the lien on
the property of such owner. If the judgment creditor improperly
fails to file the statement of release within the time allowed, the
judgment creditor is liable to the person who made the demand for all
damages sustained by reason of such failure and shall also forfeit
one hundred dollars ($100) to such person.
(c) If the judgment creditor does not file a statement of release
pursuant to subdivision (b), the person who made the demand may apply
to the court on noticed motion for an order releasing the judgment
lien on the property of such owner. Notice of motion shall be served
on the judgment creditor. Service shall be made personally or by
mail. Upon presentation of evidence to the satisfaction of the court
that the property owner is not the judgment debtor and that the
property is not subject to enforcement of the judgment, the court
shall order the judgment creditor to prepare and file the statement
of release or shall itself order the release of the judgment lien on
the property of such owner. The court order may be filed in the
office of the Secretary of State with the same effect as the
statement of release demanded under subdivision (a).
(d) The court shall award reasonable attorney's fees to the
prevailing party in any action or proceeding maintained pursuant to
this section.
(e) The damages provided by this section are not in derogation of
any other damages or penalties to which an aggrieved person may be
entitled by law.
(f) The fee for filing a statement of release or court order under
this section is the same as that provided in Section 9525 of the
Commercial Code.


697.670. (a) The Secretary of State may prescribe, provided that a
cost-savings would be achieved thereby:
(1) The forms for the notice of judgment lien on personal property
and the statement of release or subordination provided for in this
article.
(2) The form for the statement provided for in Section 697.640 and
the situations when that form is required or is not required.
(b) A form prescribed by the Secretary of State for a notice or
statement pursuant to subdivision (a) is deemed to comply with this
article and supersedes any requirements specified in this article for
the notice or statement.


697.710. A levy on property under a writ of execution creates an
execution lien on the property from the time of levy until the
expiration of two years after the date of issuance of the writ unless
the judgment is sooner satisfied.


697.720. Subject to Section 701.630, if an interest in real
property subject to an execution lien is transferred or encumbered,
the interest transferred or encumbered remains subject to the lien
after the transfer or encumbrance.


697.730. (a) Subject to Section 701.630 and except as provided in
subdivision (b), if tangible personal property subject to an
execution lien is in the custody of a levying officer and is
transferred or encumbered, the property remains subject to the lien
after the transfer or encumbrance.
(b) If a levy upon tangible personal property of a going business
is made by the levying officer placing a keeper in charge of the
business, a purchaser or lessee of property subject to the execution
lien takes the property free of the execution lien if the purchaser
or lessee is one of the following:
(1) A buyer in ordinary course of business (as defined in Section
1201 of the Commercial Code) who, under Section 9320 of the
Commercial Code, would take free of a security interest created by
his or her seller.
(2) A lessee in ordinary course of business (as defined in
paragraph (15) of subdivision (a) of Section 10103 of the Commercial
Code) who, under Section 9321 of the Commercial Code, would take free
of a security interest created by the lessor.

697.740. Except as provided in Sections 9617 and 9622 of the
Commercial Code and in Section 701.630, if personal property subject
to an execution lien is not in the custody of a levying officer and
the property is transferred or encumbered, the property remains
subject to the lien after the transfer or encumbrance except where
the transfer or encumbrance is made to one of the following persons:

(a) A person who acquires an interest in the property under the
law of this state for reasonably equivalent value without knowledge
of the lien. For purposes of this subdivision, value is given for a
transfer or encumbrance if, in exchange for the transfer or
encumbrance, property is transferred or an antecedent debt is secured
or satisfied.
(b) A buyer in ordinary course of business (as defined in Section
1201 of the Commercial Code) who, under Section 9320 of the
Commercial Code, would take free of a security interest created by
the seller or encumbrancer.
(c) A lessee in ordinary course of business (as defined in
paragraph (15) of subdivision (a) of Section 10103 of the Commercial
Code) or a licensee in the ordinary course of business (as defined in
subdivision (a) of Section 9321 of the Commercial Code) who, under
Section 9321 of the Commercial Code, would take free of a security
interest created by the lessor or the licensor.
(d) A holder in due course (as defined in Section 3302 of the
Commercial Code) of a negotiable instrument within the meaning of
Section 3104 of the Commercial Code.
(e) A holder to whom a negotiable document of title has been duly
negotiated within the meaning of Section 7501 of the Commercial Code.

(f) A protected purchaser (as defined in Section 8303 of the
Commercial Code) of a security or a person entitled to the benefits
of Section 8502 or 8510 of the Commercial Code.
(g) A purchaser of chattel paper who gives new value and takes
possession of the chattel paper in good faith and in the ordinary
course of the purchaser's business or a purchaser of an instrument
who gives value and takes possession of the instrument in good faith.

(h) A holder of a purchase money security interest (as defined in
Section 9103 of the Commercial Code).
(i) A collecting bank holding a security interest in items being
collected, accompanying documents and proceeds, pursuant to Section
4210 of the Commercial Code.
(j) A person who acquires any right or interest in letters of
credit, advices of credit, or money.
(k) A person who acquires any right or interest in property
subject to a certificate of title statute of another jurisdiction
under the law of which indication of a security interest on the
certificate of title is required as a condition of perfection of the
security interest.


697.750. Notwithstanding Section 697.740, except as provided in
Section 9617 of the Commercial Code and in Section 701.630, if (1)
growing crops, (2) timber to be cut, or (3) minerals or the like
(including oil or gas) to be extracted or accounts receivable
resulting from the sale thereof at wellhead or minehead are subject
to an execution lien and are transferred or encumbered, the property
remains subject to the execution lien after the transfer or
encumbrance.

697.910. This article applies to liens created by any of the
following:
(a) An examination proceeding as provided in Section 708.110,
708.120, or 708.205.
(b) A creditor's suit as provided in Section 708.250.
(c) A charging order as provided in Section 708.320.

697.920. Except as provided in Section 9617 of the Commercial Code
and in Section 701.630, a lien described in Section 697.910 continues
on property subject to the lien, notwithstanding the transfer or
encumbrance of the property subject to the lien, unless the transfer
or encumbrance is made to a person listed in Section 697.740.


699.010. Except as otherwise provided by statute, this chapter
governs enforcement of a money judgment by a writ of execution.

699.020. At any time after delivery of a writ of execution to a
levying officer and before its return, a person indebted to the
judgment debtor may pay to the levying officer the amount of the debt
or so much thereof as is necessary to satisfy the money judgment.
The levying officer shall give a receipt for the amount paid and such
receipt is a discharge for the amount paid.

699.030. If personal property sought to be levied upon is located
in a private place of the judgment debtor:
(a) The levying officer making the levy shall demand delivery of
the property by the judgment debtor and shall advise the judgment
debtor that the judgment debtor may be liable for costs and attorney'
s fees incurred in any further proceedings to obtain delivery of the
property. If the judgment debtor does not deliver the property, the
levying officer shall make no further effort to obtain custody of the
property and shall promptly notify the judgment creditor of the
failure to obtain custody of the property.
(b) The judgment creditor may apply to the court ex parte, or on
noticed motion if the court so directs or a court rule so requires,
for an order directing the levying officer to seize the property in
the private place. The application may be made whether or not a writ
has been issued and whether or not demand has been made pursuant to
subdivision (a). The application for the order shall describe with
particularity both the property sought to be levied upon, and the
place where it is to be found, according to the best knowledge,
information, and belief of the judgment creditor. The court may not
issue the order unless the judgment creditor establishes that there
is probable cause to believe that property sought to be levied upon
is located in the place described. The levying officer making the
levy, at the time delivery of the property pursuant to the order is
demanded, shall announce his or her identity, purpose, and authority.
If the property is not voluntarily delivered, the levying officer
may cause the building or enclosure where the property is believed to
be located to be broken open in such manner as the levying officer
reasonably believes will cause the least damage, but if the levying
officer reasonably believes that entry and seizure of the property
will involve a substantial risk of death or serious bodily harm to
any person, the levying officer shall refrain from entering and shall
promptly make a return to the court setting forth the reasons for
believing that the risk exists. In such a case, the court shall make
such orders as may be appropriate.


699.040. (a) If a writ of execution is issued, the judgment
creditor may apply to the court ex parte, or on noticed motion if the
court so directs or a court rule so requires, for an order directing
the judgment debtor to transfer to the levying officer either or
both of the following:
(1) Possession of the property sought to be levied upon if the
property is sought to be levied upon by taking it into custody.
(2) Possession of documentary evidence of title to property of or
a debt owed to the judgment debtor that is sought to be levied upon.
An order pursuant to this paragraph may be served when the property
or debt is levied upon or thereafter.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to arrest and
punishment for contempt of court.

699.060. (a) The levying officer shall release property levied
upon when the levying officer receives a written direction to release
the property from the judgment creditor's attorney of record or, if
the judgment creditor does not have an attorney of record, from the
judgment creditor or when the levying officer receives a certified
copy of a court order for release or when otherwise required to
release the property. The release extinguishes any execution lien or
attachment lien in favor of the judgment creditor on the property
released.
(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on such person a notice of
where possession of the property may be obtained. Service shall be
made personally or by mail. If the person does not claim the
property within 30 days after the notice is served, the levying
officer shall sell the property (other than cash which does not have
a value exceeding its face value) in the manner provided by Article 6
(commencing with Section 701.510). The levying officer shall
deposit the proceeds of sale and cash, after first deducting the
levying officer's costs, with the county treasurer of the county
where the property is located, payable to the order of the person.
If the amount deposited is not claimed by the person, or the legal
representative of the person, within five years after the deposit is
made, by making application to the treasurer or other official
designated by the county, it shall be paid into the general fund of
the county.
(c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the property by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of levy to create the
lien. Service shall be made personally or by mail.
(d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of levy, the levying officer
shall record or file a written notice of release in the same office.

(e) The levying officer is not liable for releasing property in
accordance with this section nor is any other person liable for
acting in conformity with the release.


699.070. (a) The court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of property levied upon, including but not limited
to selling the property, if the court determines that the property
is perishable or will greatly deteriorate or greatly depreciate in
value or that for some other reason the interests of the parties will
be best served by the order. An order may be made under this
subdivision upon application of the judgment creditor, the judgment
debtor, or a person who has filed a third-party claim pursuant to
Division 4 (commencing with Section 720.010). The application shall
be made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) If the levying officer determines that property levied upon is
extremely perishable or will greatly deteriorate or greatly
depreciate in value before a court order pursuant to subdivision (a)
could be obtained, the levying officer may take any action necessary
to preserve the value of the property or may sell the property. The
levying officer is not liable for a determination made in good faith
under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of
property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) and the
proceeds shall be applied to the satisfaction of the money judgment
in the manner provided by Article 7 (commencing with Section
701.810). Notwithstanding subdivisions (b) and (d) of Section
701.530, notice of sale shall be posted and served at a reasonable
time before the sale, considering the character and condition of the
property.
(d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the judgment creditor to pay the fees
and expenses of the receiver in advance or may direct that the whole
or any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and
Chapter 5a (commencing with Section 571) of Title 7 govern the
appointment, qualifications, powers, rights, and duties of a receiver
appointed under this section.

699.080. (a) A registered process server may levy under a writ of
execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(2) Growing crops, timber to be cut, or minerals or the like
(including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead, pursuant
to Section 700.020.
(3) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered
process server shall deposit a copy of the writ with the levying
officer and pay the fee provided by Section 26721 of the Government
Code.
(c) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 701.030
on a form provided by the registered process server.
(d) Within five days after levy under this section, all of the
following shall be filed with the levying officer:
(1) The writ of execution.
(2) An affidavit of the registered process server stating the
manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on
other persons, as required by Article 4 (commencing with Section
700.010).
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code
has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ
and shall return the writ to the court. If the registered process
server does not comply with subdivisions (b) and (d), the levy is
ineffective and the levying officer is not required to perform any
duties under the writ and may issue a release for any property sought
to be levied upon.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.
(g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.

699.090. If property that is required by law to be registered or
recorded in the name of the owner is levied upon under a writ of
execution and it appears at the time of the levy that the judgment
debtor was the registered or record owner of the property and the
judgment creditor caused the levy to be made and the lien maintained
in good faith and in reliance upon such registered or recorded
ownership, neither the judgment creditor, the levying officer, nor
the sureties on an undertaking given by the judgment creditor
pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3
(commencing with Section 720.210) of Division 4 is liable to a third
person for the levy itself.

699.510. (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court upon application of the judgment creditor and shall be directed
to the levying officer in the county where the levy is to be made
and to any registered process server. The clerk of the court shall
give priority to the application for, and issuance of, writs of
execution on orders or judgments for child support and spousal
support. A separate writ shall be issued for each county where a
levy is to be made. Writs may be issued successively until the money
judgment is satisfied, except that a new writ may not be issued for
a county until the expiration of 180 days after the issuance of a
prior writ for that county unless the prior writ is first returned.
(b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.
(c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment and may include the
additional name or names by which the judgment debtor is known as set
forth in the affidavit of identity, as defined in Section 680.135,
filed by the judgment creditor with the application for issuance of
the writ of execution. Prior to the clerk of the court issuing a
writ of execution containing any additional name or names by which
the judgment debtor is known that are not listed on the judgment, the
court shall approve the affidavit of identity. If the court
determines, without a hearing or a notice, that the affidavit of
identity states sufficient facts upon which the judgment creditor has
identified the additional names of the judgment debtor, the court
shall authorize the issuance of the writ of execution with the
additional name or names.
(2) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer.
The levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property to
pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.
(3) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding based
upon an affidavit of identity, the person shall be entitled to the
recovery of reasonable attorney's fees and costs from the judgment
creditor incurred in releasing the person's property from a writ of
execution, in addition to any other damages or penalties to which an
aggrieved person may be entitled to by law, including the provisions
of Division 4 (commencing with Section 720.010).

699.520. The writ of execution shall require the levying officer to
whom it is directed to enforce the money judgment and shall include
the following information:
(a) The date of issuance of the writ.
(b) The title of the court where the judgment is entered and the
cause and number of the action.
(c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor.
(d) The date of the entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
(e) The total amount of the money judgment as entered or renewed,
together with costs thereafter added to the judgment pursuant to
Section 685.090 and the accrued interest on the judgment from the
date of entry or renewal of the judgment to the date of issuance of
the writ, reduced by any partial satisfactions and by any amounts no
longer enforceable.
(f) The amount required to satisfy the money judgment on the date
the writ is issued.
(g) The amount of interest accruing daily on the principal amount
of the judgment from the date the writ is issued.
(h) Whether any person has requested notice of sale under the
judgment and, if so, the name and mailing address of such person.
(i) The sum of the fees and costs added to the judgment pursuant
to Section 6103.5 or 68511.3 of the Government Code and which is in
addition to the amount owing to the judgment creditor on the
judgment.
(j) Whether the writ of execution includes any additional names of
the judgment debtor pursuant to an affidavit of identity, as defined
in Section 680.135.

699.530. (a) Upon delivery of the writ of execution to the levying
officer to whom the writ is directed, together with the written
instructions of the judgment creditor, the levying officer shall
execute the writ in the manner prescribed by law.
(b) The levying officer may not levy upon any property under the
writ after the expiration of 180 days from the date the writ was
issued.


699.540. The notice of levy required by Article 4 (commencing with
Section 700.010) shall inform the person notified of all of the
following:
(a) The capacity in which the person is notified.
(b) The property that is levied upon.
(c) The person's rights under the levy, including the right to
claim an exemption pursuant to Chapter 4 (commencing with Section
703.010) and the right to make a third-party claim pursuant to
Division 4 (commencing with Section 720.010).
(d) The person's duties under the levy.
(e) All names listed in the writ of execution pursuant to an
affidavit of identity, as defined in Section 680.135, if any.


699.545. A copy of the original notice of levy which has been
served upon a third party holding the property sought to be levied
upon and the affidavit of identity, as defined in Section 680.135, if
any, if served upon the judgment debtor or any other party, shall
suffice as the notice of levy to that person.

699.550. In any case where property has been levied upon and,
pursuant to a levy, a copy of the writ of execution and a notice of
levy are required by statute to be posted or to be served on or
mailed to the judgment debtor or other person, failure to post,
serve, or mail the copy of the writ and the notice does not affect
the execution lien created by the levy. Failure to serve on or mail
to the judgment debtor a list of exemptions does not affect the
execution lien created by the levy.

699.560. (a) Except as provided in subdivisions (b) and (c), the
levying officer to whom the writ of execution is delivered shall
return the writ to the court, together with a report of the levying
officer's actions and an accounting of amounts collected and costs
incurred, at the earliest of the following times:
(1) Two years from the date of issuance of the writ.
(2) Promptly after all of the duties under the writ are performed.

(3) When return is requested in writing by the judgment creditor.

(4) If no levy takes place under the writ within 180 days after
its issuance, promptly after the expiration of the 180-day period.
(5) Upon expiration of the time for enforcement of the money
judgment.
(b) If a levy has been made under Section 700.200 upon an interest
in personal property in the estate of a decedent, the writ shall be
returned within the time prescribed in Section 700.200.
(c) If a levy has been made under Section 5103 of the Family Code
on the judgment debtor's right to the payment of benefits from an
employee pension benefit plan, the writ shall be returned within the
time prescribed in that section.
(d) If a levy has been made under the Wage Garnishment Law
(Chapter 5 (commencing with Section 706.010)), and the earnings
withholding order remains in effect, the writ of execution shall be
returned as provided in subdivision (a) and a supplemental return
shall be made as provided in Section 706.033.

699.710. Except as otherwise provided by law, all property that is
subject to enforcement of a money judgment pursuant to Article 1
(commencing with Section 695.010) of Chapter 1 is subject to levy
under a writ of execution to satisfy a money judgment.


699.720. (a) The following types of property are not subject to
execution:
(1) An alcoholic beverage license that is transferable under
Article 5 (commencing with Section 24070) of Chapter 6 of Division 9
of the Business and Professions Code.
(2) The interest of a partner in a partnership or member in a
limited liability company if the partnership or the limited liability
company is not a judgment debtor.
(3) A cause of action that is the subject of a pending action or
special proceeding.
(4) A judgment in favor of the judgment debtor prior to the
expiration of the time for appeal from the judgment or, if an appeal
is filed, prior to the final determination of the appeal.
(5) A debt (other than earnings) owing and unpaid by a public
entity.
(6) The loan value of an unmatured life insurance, endowment, or
annuity policy.
(7) A franchise granted by a public entity and all the rights and
privileges of the franchise.
(8) The interest of a trust beneficiary.
(9) A contingent remainder, executory interest, or other interest
in property that is not vested.
(10) Property in a guardianship or conservatorship estate.
(b) Nothing in subdivision (a) affects or limits the right of the
judgment creditor to apply property to the satisfaction of a money
judgment pursuant to any applicable procedure other than execution.


700.010. (a) At the time of levy pursuant to this article or
promptly thereafter, the levying officer shall serve a copy of the
following on the judgment debtor:
(1) The writ of execution.
(2) A notice of levy.
(3) If the judgment debtor is a natural person, a copy of the form
listing exemptions prepared by the Judicial Council pursuant to
subdivision (c) of Section 681.030 and the list of exemption amounts
published pursuant to subdivision (d) of Section 703.150.
(4) Any affidavit of identity, as defined in Section 680.135, for
names of the debtor listed on the writ of execution.
(b) Service under this section shall be made personally or by
mail.


700.015. (a) To levy upon real property, the levying officer shall
record with the recorder of the county where the real property is
located a copy of the writ of execution and a notice of levy that
describes the property levied upon and states that the judgment
debtor's interest in the described property has been levied upon. If
the judgment debtor's interest in the real property stands upon the
records of the county in the name of a person other than the judgment
debtor, the notice of levy shall identify the third person and the
recorder shall index the copy of the writ and notice of levy in the
names of both the judgment debtor and the third person.
(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on any
third person in whose name the judgment debtor's interest in the real
property stands upon the records of the county. Service shall be
made personally or by mail. If service on the third person is by
mail, it shall be sent to the person at the address for such person,
if any, shown by the records of the office of the tax assessor of the
county where the real property is located or, if no address is so
shown, to the person at the address used by the county recorder for
the return of the instrument creating the interest of the third
person in the property.
(c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on one
occupant of the real property. Service on the occupant shall be made
by leaving the copy of the writ and a notice of levy with the
occupant personally or, in the occupant's absence, with a person of
suitable age and discretion found upon the real property when service
is attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If unable to serve such an
occupant at the time service is attempted, the levying officer shall
post the copy of the writ and the notice of levy in a conspicuous
place on the real property. If the real property described in the
notice of levy consists of more than one distinct lot, parcel, or
governmental subdivision and any of the lots, parcels, or
governmental subdivisions lies with relation to any of the others so
as to form one or more continuous, unbroken tracts, only one service
or posting need be made under this subdivision as to each continuous,
unbroken tract.

700.020. (a) To levy upon (1) growing crops, (2) timber to be cut,
or (3) minerals or the like (including oil and gas) to be extracted
or accounts receivable resulting from the sale thereof at the
wellhead or minehead, the levying officer shall record with the
recorder of the county where those crops, timber, or minerals or the
like are located a copy of the writ of execution and a notice of levy
that describes the property levied upon and states that the judgment
debtor's interest in the described property has been levied upon and
describes the real property where the crops, timber, or minerals or
the like are located. If the judgment debtor's interest in the
crops, timber, minerals or the like, or if the real property where
the crops, timber, or minerals or the like are located, stands upon
the records of the county in the name of a person other than the
judgment debtor, the notice of levy shall identify the third person
and the recorder shall index the copy of the writ and notice of levy
in the names of both the judgment debtor and the third person.
(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy
personally or by mail on the following persons:
(1) Any third person in whose name the judgment debtor's interest
in the crops, timber, minerals or the like stands upon the records of
the county and any third person in whose name the real property
stands upon the records of the county. If service on the third
person is by mail, it shall be sent to the person at the address for
the person, if any, shown by the records of the office of the
assessor of the county where the real property is located or, if no
address is so shown, to the person at the address used by the county
recorder for the return of the instrument creating the interest of
the third person in the property.
(2) Any secured party who has filed a financing statement with
respect to the crops, timber, or minerals or the like or the
accounts receivable, prior to the date of levy on the property.
(c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on one
occupant of the real property where the crops, timber, or minerals or
the like are located. Service on the occupant shall be made by
leaving the copy of the writ and a notice of levy with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the real property when service is
attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If he or she is unable to serve
an occupant or suitable person at the time service is attempted, the
levying officer shall post the copy of the writ and the notice of
levy in a conspicuous place on the real property. However, the
posting requirement of the preceding sentence shall not apply where
the levy is made upon minerals or the like (but not including oil or
gas) and no dwelling is located on the real property. If the real
property described in the notice of levy consists of more than one
distinct lot, parcel, or governmental subdivision and any of the
lots, parcels, or governmental subdivisions lies with relation to any
of the others so as to form one or more continuous, unbroken tracts,
only one service or posting need be made under this subdivision as
to each continuous, unbroken tract.

700.030. Unless another method of levy is provided by this article,
to levy upon tangible personal property in the possession or under
the control of the judgment debtor, the levying officer shall take
the property into custody.


700.040. (a) Unless another method of levy is provided by this
article, to levy upon tangible personal property in the possession or
under the control of a third person, the levying officer shall
personally serve a copy of the writ of execution and a notice of levy
on the third person.
(b) If goods are in the possession of a bailee who has issued a
negotiable document of title therefor, the goods may not be levied
upon but the negotiable document of title may be levied upon in the
manner provided by Section 700.120. If goods are in the possession
of a bailee other than one who has issued a negotiable document of
title therefor, the goods may be levied upon in the manner provided
by Section 700.060. As used in this subdivision, "bailee" means
"bailee" as defined in Section 7102 of the Commercial Code.


700.050. (a) To levy upon personal property in the custody of a
levying officer:
(1) If the writ of execution is directed to the levying officer
having custody of the property, the judgment creditor shall deliver
the writ to the levying officer.
(2) If the writ of execution is directed to a levying officer
other than the levying officer having custody of the property, the
levying officer to whom the writ is directed shall serve a copy of
the writ and a notice of levy on the levying officer having custody.
Service shall be made personally or by mail.
(b) The levying officer having custody of the property shall
comply with the writs in the order they are received and is not
subject to the provisions of Article 5 (commencing with Section
701.010) (duties and liabilities of third persons after levy).

700.060. (a) To levy upon goods in the possession of a bailee (as
defined in Section 7102 of the Commercial Code) other than one who
has issued a negotiable document of title therefor, the levying
officer shall personally serve a copy of the writ of execution and a
notice of levy on the bailee.
(b) If the goods described in subdivision (a) are subject to a
security interest, the levying officer shall, if so instructed by the
judgment creditor, serve a copy of the writ of execution and a
notice of levy on the secured party. Service shall be made
personally or by mail.

700.070. To levy upon tangible personal property of a going
business in the possession or under the control of the judgment
debtor, the levying officer shall comply with Section 700.030, except
to the extent that the judgment creditor instructs that levy be made
in the following manner:
(a) The levying officer shall place a keeper in charge of the
business for the period requested by the judgment creditor. During
the period, the business may continue to operate in the ordinary
course of business provided that all sales are final and are for cash
or its equivalent. For the purpose of this subdivision, a check is
the equivalent of cash. The levying officer is not liable for
accepting payment in the form of a cash equivalent. The keeper shall
take custody of the proceeds from all sales unless otherwise
directed by the judgment creditor.
(b) The levying officer shall take the tangible personal property
into exclusive custody at the earliest of the following times:
(1) At any time the judgment debtor objects to placement of a
keeper in charge of the business.
(2) At any time when requested by the judgment creditor.
(3) At the end of 10 days from the time the keeper is placed in
charge of the business.
(c) Where a keeper is placed in a business for the purpose of
taking into custody tangible personal property consisting solely of
money or equivalent proceeds of sales, the provisions of subdivision
(b) shall not apply, and the levying officer shall take such property
into exclusive custody at the end of each daily keeper period.

700.080. (a) To levy upon personal property used as a dwelling, the
levying officer shall serve a copy of the writ of execution and a
notice of levy on one occupant of the property. Service on the
occupant shall be made by leaving the copy of the writ and the notice
of levy with the occupant personally or, in the occupant's absence,
with a person of suitable age and discretion found at the property
when service is attempted who is a member of the occupant's family or
household. If unable to serve the occupant at the time service is
attempted, the levying officer shall make the levy by posting the
copy of the writ and the notice of levy in a conspicuous place on the
property.
(b) If the judgment creditor so instructs, the levying officer
shall place a keeper in charge of the property for a period requested
by the judgment creditor.
(c) The judgment creditor may apply to the court on noticed motion
for an order directing the levying officer to remove the occupants.
The notice of motion shall be served on any legal owner and any
junior lienholder who was served pursuant to Section 700.090, on the
occupant, and, if the judgment debtor is not the occupant, on the
judgment debtor. Service shall be made personally or by mail. At
the hearing on the motion the court shall determine the occupant's
right to possession and shall make an order including terms and
conditions that are appropriate under the circumstances of the case.

(d) Personal property used as a dwelling shall include a
mobilehome, whether the mobilehome is occupied or unoccupied at the
time of the levy.

700.090. If a vehicle or vessel is levied upon and a certificate of
ownership has been issued by the Department of Motor Vehicles for
such vehicle or vessel and the certificate of ownership is still in
effect, or if a manufactured home, mobilehome, or commercial coach
is levied upon and a permanent title record has been established by
the Department of Housing and Community Development for such
manufactured home, mobilehome, or commercial coach the levying
officer shall determine from the appropriate department the name and
address of the legal owner and each junior lienholder of the
property levied upon. If the legal owner or junior lienholder is not
the judgment debtor and is not in possession of the vehicle, vessel,
manufactured home, mobilehome, or commercial coach, the levying
officer shall at the time of levy or promptly thereafter serve a copy
of the writ of execution and a notice of levy on the legal owner or
junior lienholder. Service shall be made personally or by mail.

700.100. (a) To levy upon chattel paper, the levying officer shall:

(1) If the chattel paper is in the possession of the judgment
debtor, take the chattel paper into custody.
(2) If the chattel paper is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of levy
on the third person.
(b) If the levying officer obtains custody of the chattel paper or
if pursuant to a security agreement the judgment debtor has liberty
to collect or compromise the chattel paper or to accept the return of
goods or make repossessions, the levying officer shall, if so
instructed by the judgment creditor, serve a copy of the writ of
execution and a notice of levy on the account debtor. Service shall
be made personally or by mail.
(c) In addition to any other rights created by a levy on chattel
paper, the levy creates a lien on the judgment debtor's rights in
specific goods subject to the chattel paper.


700.110. (a) To levy upon an instrument, the levying officer shall:

(1) If the instrument is in the possession of the judgment debtor,
take the instrument into custody.
(2) If the instrument is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of levy
on the third person.
(b) If the levying officer obtains custody of the instrument, the
levying officer shall, if the judgment creditor so instructs, serve a
copy of the writ of execution and a notice of levy on the obligor.
Service shall be made personally or by mail.

700.120. To levy upon a negotiable document of title, the levying
officer shall:
(a) If the negotiable document of title is in the possession of
the judgment debtor, take the negotiable document of title into
custody.
(b) If the negotiable document of title is in the possession of a
third person, personally serve a copy of the writ of execution and a
notice of levy on the third person.

700.130. To levy upon a security, the levying officer shall comply
with Section 8112 of the Commercial Code. The legal process referred
to in Section 8112 of the Commercial Code means the legal process
required by the state in which the chief executive office of the
issuer of the security is located and, where that state is
California, means personal service by the levying officer of a copy
of the writ of execution and notice of levy on the person who is to
be served.


700.140. (a) Subject to Section 700.160, to levy upon a deposit
account, the levying officer shall personally serve a copy of the
writ of execution and a notice of levy on the financial institution
with which the deposit account is maintained, or shall personally
serve the writ of execution and notice of levy to a centralized
location within the county designated by the financial institution.
If the writ of execution is received at the designated central
location, it shall apply to all deposit accounts held by the
financial institution regardless of the location of that property.
The execution lien reaches only amounts in the deposit account at the
time of service on the financial institution, including any item in
the deposit account that is in the process of being collected, unless
the item is returned unpaid to the financial institution. This
section does not require a financial institution to designate a
central location for personal service of the writ of execution and
notice of levy.
(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on any third person in whose name the deposit account stands.
Service shall be made personally or by mail.
(c) During the time the execution lien is in effect, the financial
institution shall not honor a check or other order for the payment
of money drawn against, and shall not pay a withdrawal from, the
deposit account that would reduce the deposit account to an amount
that is less than the amount levied upon. For the purposes of this
subdivision, in determining the amount of the deposit account, the
financial institution shall not include the amount of items deposited
to the credit of the deposit account that are in the process of
being collected.
(d) During the time the execution lien is in effect, the financial
institution is not liable to any person for any of the following:
(1) Performance of the duties of a garnishee under the levy.
(2) Nonpayment of a check or other order for the payment of money
drawn or presented against the deposit account if the nonpayment is
pursuant to the requirements of subdivision (c).
(3) Refusal to pay a withdrawal from the deposit account if the
refusal is pursuant to the requirements of subdivision (c).
(e) When the amount levied upon pursuant to this section is paid
to the levying officer, the execution lien on the deposit account
levied upon terminates.
(f) For the purposes of this section, neither of the following is
a third person in whose name the deposit account stands:
(1) A person who is only a person named as the beneficiary of a
Totten trust account.
(2) A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 18318.5 of the Financial
Code or Section 5140 of the Probate Code, or other similar provision.

700.150. (a) Subject to Section 700.160, to levy upon property in a
safe-deposit box, the levying officer shall personally serve a copy
of the writ of execution and a notice of levy on the financial
institution with which the safe-deposit box is maintained.
(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on any third person in whose name the safe-deposit box stands.
Service shall be made personally or by mail.
(c) During the time the execution lien is in effect, the financial
institution may not permit the removal of any of the contents of the
safe-deposit box except as directed by the levying officer.
(d) Upon receipt of a garnishee's memorandum from the financial
institution, as required by Section 701.030, indicating a
safe-deposit box is under levy, the levying officer shall promptly
mail a written notice to the judgment creditor demanding an
additional fee as required by Section 26723 of the Government Code,
plus the costs to open the safe-deposit box and seize and store the
contents. The levying officer shall release the levy on the
safe-deposit box if the judgment creditor does not pay the required
fee, plus costs, within three business days plus the extended time
period specified in subdivision (a) of Section 1013 for service by
mail by the levying officer.
(e) The levying officer may first give the person in whose name
the safe-deposit box stands an opportunity to open the safe-deposit
box to permit the removal pursuant to the levy of the property levied
upon. The financial institution may refuse to permit the forcible
opening of the safe-deposit box to permit the removal of the property
levied upon unless the judgment creditor pays in advance the cost of
forcibly opening the safe-deposit box and of repairing any damage
caused thereby.
(f) During the time the execution lien is in effect, the financial
institution is not liable to any person for any of the following:
(1) Performance of the duties of a garnishee under the levy.
(2) Refusal to permit access to the safe-deposit box by the person
in whose name it stands.
(3) Removal of any of the contents of the safe-deposit box
pursuant to the levy.

700.160. (a) Except as provided in subdivision (b), a deposit
account or safe-deposit box standing in the name of a person other
than the judgment debtor, either alone or together with other third
persons, is not subject to levy under Section 700.140 or 700.150
unless the levy is authorized by court order. The levying officer
shall serve a copy of the court order on the third person at the time
the copy of the writ of execution and the notice of levy are served
on the third person.
(b) A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any of
the following:
(1) The judgment debtor, whether alone or together with third
persons.
(2) The judgment debtor's spouse, whether alone or together with
other third persons. An affidavit showing that the person in whose
name the account stands is the judgment debtor's spouse shall be
delivered to the financial institution at the time of levy.
(3) A fictitious business name if an unexpired fictitious business
name statement filed pursuant to Chapter 5 (commencing with Section
17900) of Part 3 of Division 7 of the Business and Professions Code
lists as the persons doing business under the fictitious business
name either (A) the judgment debtor or (B) the judgment debtor's
spouse or (C) the judgment debtor and the judgment debtor's spouse,
but does not list any other person. A copy of a fictitious business
name statement, certified as provided in Section 17926 of the
Business and Professions Code, that satisfies these requirements
shall be delivered to the financial institution at the time of levy,
and if a person other than the defendant is listed in the statement,
an affidavit showing that the other person is the judgment debtor's
spouse shall also be delivered to the financial institution at the
time of levy.
(4) The additional name of a judgment debtor listed on the writ of
execution pursuant to an affidavit of identity as provided by
Section 680.135, whether alone or together with third persons.
(c) In any case where a deposit account in the name of a person
other than the judgment debtor, whether alone or together with the
judgment debtor, is levied upon, the financial institution shall not
pay to the levying officer the amount levied upon until being
notified to do so by the levying officer. The levying officer may
not require the financial institution to pay the amount levied upon
until the expiration of 15 days after service of notice of levy on
the third person.


700.170. (a) Unless another method of levy is provided by this
article, to levy upon an account receivable or general intangible,
the levying officer shall personally serve a copy of the writ of
execution and a notice of levy on the account debtor.
(b) If a levy is made under subdivision (a) and payments on the
account receivable or general intangible are made to a person other
than the judgment debtor (whether pursuant to a security agreement,
assignment for collection, or otherwise), the levying officer shall,
if so instructed by the judgment creditor, personally serve a copy of
the writ of execution and a notice of levy on such third person.
Service of the copy of the writ and notice of levy on such third
person is a levy on any amounts owed to the judgment debtor by such
third person.

700.180. (a) The following property may be levied upon pursuant to
this article notwithstanding that the property levied upon is the
subject of a pending action or special proceeding:
(1) Real property.
(2) Growing crops, timber to be cut, or minerals or the like
(including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead.
(3) Tangible personal property in the possession or under the
control of the judgment debtor or in the custody of a levying
officer.
(4) The interest of a judgment debtor in personal property in the
estate of a decedent, whether the interest arises by testate or
intestate succession.
(b) Except as provided in subdivision (a), a levy upon property
that is the subject of an action or special proceeding pending at the
time of the levy is not effective.
(c) If a levy is attempted but is ineffective under subdivision
(b) and the levying officer has requested a garnishee's memorandum
under Section 701.030 in connection with the ineffective levy, the
garnishee's memorandum shall include the following information in
addition to that required by Section 701.030:
(1) A statement that the levy on the property is not effective
because the property is the subject of a pending action or special
proceeding.
(2) The title of the court, cause, and number of the pending
action or proceeding.
(d) For the purpose of this section, an action or proceeding is
pending from the time the action or proceeding is commenced until
judgment has been entered and the time for appeal has expired or, if
an appeal is filed, until the appeal has been finally determined.
(e) Nothing in this section affects or limits the right of the
judgment creditor to obtain a lien pursuant to Article 5 (commencing
with Section 708.410) of Chapter 6.

700.190. (a) As used in this section, "final money judgment" means
a money judgment after the time for appeal from the judgment has
expired or, if an appeal is filed, after the appeal has been finally
determined.
(b) To levy upon a final money judgment, the levying officer shall
file a copy of the writ of execution and a notice of levy with the
clerk of the court that entered the final money judgment. The court
clerk shall endorse upon the judgment a statement of the existence of
the execution lien and the time it was created. If an abstract of
the judgment is issued, it shall include a statement of the execution
lien in favor of the judgment creditor.
(c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on the judgment debtor obligated to pay the final money judgment
levied upon. Service shall be made personally or by mail.

700.200. (a) To levy upon the interest of the judgment debtor in
personal property in the estate of a decedent, whether the interest
arises by testate or intestate succession, the levying officer shall
personally serve a copy of the writ and a notice of levy on the
personal representative of the decedent. The levy does not impair
the powers of the representative over the property for the purposes
of administration.
(b) The personal representative shall report the levy to the court
in which the estate is being administered when any petition for
distribution is filed. If a decree orders distribution to the
judgment debtor, the court making the decree shall order the property
levied upon to be delivered to the levying officer. The property
may not be delivered to the levying officer until the decree
distributing the property has become final. To the extent the
property delivered to the levying officer is not necessary to satisfy
the money judgment, it shall be released to the judgment debtor.
(c) Promptly after the property is delivered to the levying
officer pursuant to subdivision (b), the levying officer shall serve
a notice describing the property on the judgment debtor. Service
shall be made personally or by mail. Notwithstanding Section
703.520, a claim of exemption for the property described in the
notice may be made within 10 days after the notice was served on the
judgment debtor.
(d) Notwithstanding Section 697.710, an execution lien created by
a levy pursuant to this section continues for a period of one year
after the decree distributing the interest has become final unless
the judgment is sooner satisfied.
(e) A writ under which a levy is made pursuant to this section
shall be returned not later than one year after the date the decree
distributing the interest has become final.


701.010. (a) Except as otherwise provided by statute, when a levy
is made by service of a copy of the writ of execution and a notice of
levy on a third person, the third person at the time of levy or
promptly thereafter shall comply with this section.
(b) Unless the third person has good cause for failure or refusal
to do so:
(1) The third person shall deliver to the levying officer any of
the property levied upon that is in the possession or under the
control of the third person at the time of levy unless the third
person claims the right to possession of the property.
(2) To the extent that the third person does not deny an
obligation levied upon, or claim a priority over the judgment
creditor's lien, the third person shall pay to the levying officer
both of the following:
(A) The amount of the obligation levied upon that is due and
payable to the judgment debtor at the time of levy.
(B) Amounts that become due and payable to the judgment debtor on
the obligation levied upon during the period of the execution lien.
(3) If the third person makes a delivery or payment to the levying
officer pursuant to this section, the third person shall execute and
deliver any documents necessary to effect the transfer of the
property.
(c) For the purposes of this section, "good cause" includes, but
is not limited to, a showing that the third person did not know or
have reason to know of the levy from all the facts and circumstances
known to the third person.


701.020. (a) If a third person is required by this article to
deliver property to the levying officer or to make payments to the
levying officer and the third person fails or refuses without good
cause to do so, the third person is liable to the judgment creditor
for whichever of the following is the lesser amount:
(1) The value of the judgment debtor's interest in the property or
the amount of the payments required to be made.
(2) The amount required to satisfy the judgment pursuant to which
the levy is made.
(b) The third person's liability continues until the earliest of
the following times:
(1) The time when the property levied upon is delivered to the
levying officer or the payments are made to the levying officer.
(2) The time when the property levied upon is released pursuant to
Section 699. 060.
(3) The time when the judgment is satisfied or discharged.
(c) If the third person's liability is established, the court that
determines the liability may, in its discretion, require the third
person to pay the costs and reasonable attorney's fees incurred by
the judgment creditor in establishing the liability.

701.030. (a) At the time of service of a copy of the writ of
execution and a notice of levy on a third person, the levying officer
shall request the third person to give the levying officer a
garnishee's memorandum containing the information required by this
section. Within 10 days after the request is made, the third person
shall mail or deliver the garnishee's memorandum to the levying
officer whether or not the levy is effective.
(b) The garnishee's memorandum shall be executed under oath and
shall contain the following information:
(1) A description of any property of the judgment debtor sought to
be levied upon that is not delivered to the levying officer and the
reason for not delivering the property.
(2) A description of any property of the judgment debtor not
sought to be levied upon that is in the possession or under the
control of the third person at the time of levy.
(3) A statement of the amount and terms of any obligation to the
judgment debtor sought to be levied upon that is due and payable and
is not paid to the levying officer, and the reason for not paying the
obligation.
(4) A statement of the amount and terms of any obligation to the
judgment debtor sought to be levied upon that is not due and payable
at the time of levy.
(5) A statement of the amount and terms of any obligation to the
judgment debtor at the time of levy not sought to be levied upon.
(6) A description of claims and rights of other persons to the
property or obligation levied upon that are known to the third person
and the names and addresses of such other persons.
(c) If a garnishee's memorandum is received from the third person,
the levying officer shall promptly mail or deliver a copy of the
memorandum to the judgment creditor and attach the original to the
writ when it is returned to the court. If a garnishee's memorandum
is not received from the third person, the levying officer shall so
state in the return.
(d) Except as provided in subdivisions (e) and (f), if a third
person does not give the levying officer a garnishee's memorandum
within the time provided in subdivision (a) or does not provide
complete information, the third person may, in the court's
discretion, be required to pay the costs and reasonable attorney's
fees incurred in any proceedings to obtain the information required
in the garnishee's memorandum.
(e) Notwithstanding subdivision (a), when the levy is made upon a
deposit account or upon property in a safe deposit box, the financial
institution need not give a garnishee's memorandum to the levying
officer if the financial institution fully complies with the levy
and, if a garnishee's memorandum is required, the garnishee's
memorandum need provide information with respect only to property
which is carried on the records available at the office or branch
where the levy is made.
(f) Notwithstanding subdivision (a), the third person need not
give a garnishee's memorandum to the levying officer if both of the
following conditions are satisfied:
(1) The third person has delivered to the levying officer all of
the property sought to be levied upon.
(2) The third person has paid to the levying officer the amount
due at the time of levy on any obligation to the judgment debtor that
was levied upon and there is no additional amount that thereafter
will become payable on the obligation levied upon.

701.035. A third person who gives a garnishee's memorandum pursuant
to this title is not liable to any person for the disclosure in the
garnishee's memorandum of any information contained in the garnishee'
s memorandum.


701.040. (a) Except as otherwise ordered by the court upon a
determination that the judgment creditor's lien has priority over the
security interest, if property levied upon is subject to a security
interest that attached prior to levy, the property or obligation is
subject to enforcement of the security interest without regard to the
levy unless the property is in the custody of the levying officer;
but, if the execution lien has priority over the security interest,
the secured party is liable to the judgment creditor for any proceeds
received by the secured party from the property to the extent of the
execution lien.
(b) After the security interest is satisfied, the secured party
shall deliver any excess property, and pay any excess payments or
proceeds of property, remaining in the possession of the secured
party to the levying officer for the purposes of the levy, as
provided in Section 9615 of the Commercial Code, unless otherwise
ordered by the court or directed by the levying officer.

701.050. After service of a copy of the writ of execution and a
notice of levy on an account debtor obligated on an account
receivable, chattel paper, or general intangible:
(a) If the account debtor has been making payments or is required
to make payments to the judgment debtor, the account debtor shall
make payments to the levying officer as they become due unless
otherwise directed by court order or by the levying officer.
Payments made to the judgment debtor after the account debtor has
received notice of the levy do not discharge the obligation of the
account debtor to make payments as required by this subdivision.
(b) If the account debtor has been making payments to a third
person or is required to make payments to a third person (whether
pursuant to a security agreement, assignment for collection, or
otherwise), the account debtor shall continue to make such payments
to the third person notwithstanding the levy until the account debtor
receives notice that the obligation to the third person is satisfied
or is otherwise directed by court order or by the third person.
After the account debtor receives notice that the obligation to the
third person is satisfied, the account debtor shall make payments to
the levying officer as they become due unless otherwise directed by
court order or by the levying officer.
(c) If pursuant to a security agreement the judgment debtor has
liberty to accept the return of goods or make repossessions under the
account receivable or chattel paper, the account debtor shall
deliver to the levying officer property returnable to the judgment
debtor unless otherwise directed by court order or by the levying
officer.

701.060. If the levying officer obtains custody of an instrument
levied upon and serves the obligor under the instrument pursuant to
the levy, the obligor shall make payments to the levying officer as
they become due. Payments made to a person other than the levying
officer do not discharge the obligation of the obligor to make
payments as required by this section if the payments are made after
the obligor has received notice of the levy.

701.070. If a final money judgment has been levied upon and the
levying officer has served the judgment debtor under the final money
judgment levied upon, the judgment debtor shall make any payments due
under the judgment to the levying officer. Payments made to a
person other than the levying officer do not discharge the obligation
of the judgment debtor under the final money judgment levied upon if
the payments are made after the judgment debtor has received notice
of the levy.

701.510. Subject to Sections 687.020 and 701.520, the levying
officer shall sell all property that has been levied upon except:
(a) Tangible personal property may not be sold until the levying
officer obtains custody of the property.
(b) Cash may not be sold unless it has a value exceeding its face
value.


701.520. (a) Except as provided in this section, any of the
following property that has been levied upon shall be collected
rather than sold:
(1) Accounts receivable.
(2) Chattel paper.
(3) General intangibles.
(4) Final money judgments.
(5) Instruments that are not customarily transferred in an
established market.
(6) Instruments that represent an obligation arising out of the
sale or lease of property, a license to use property, the furnishing
of services, or the loan of money where the property sold or leased
or licensed for use, the services furnished, or the money loaned was
used by an individual primarily for personal, family, or household
purposes.
(b) At the time of levy on property described in subdivision (a)
or thereafter, the judgment creditor may serve a notice of intended
sale of the property on the judgment debtor. Service shall be made
personally or by mail. A copy of the notice of intended sale and
proof of service on the judgment debtor shall be filed with the court
and with the levying officer. The notice of intended sale shall
describe the property and state that it will be sold at an execution
sale unless, within the time allowed after service of the notice of
intended sale, the judgment debtor applies to the court on noticed
motion for an order that the property be collected rather than sold.

(c) Within 10 days after service of the notice of intended sale,
the judgment debtor may apply to the court on noticed motion for an
order that the property be collected rather than sold. A judgment
debtor who so applies shall, within the time allowed for the
application, serve a copy of the notice of motion on the judgment
creditor and file a copy of the notice of motion with the levying
officer. Service of the copy of the notice of motion on the judgment
creditor shall be made personally or by mail. If the copy of the
notice of motion is not filed with the levying officer within the
time allowed, the levying officer shall proceed to sell the property.
If a copy of the notice of motion is filed with the levying officer
within the time allowed, the levying officer shall continue to
collect the property until otherwise ordered by the court.
(d) At the hearing on the motion, the court may in its discretion
order that the property be sold or be collected depending on the
equities and circumstances of the particular case. If the court
orders that the property be sold, the order may specify terms and
conditions of sale. If the court orders that the property be
collected, the court may condition its order on an assignment of the
property by the judgment debtor to the judgment creditor pursuant to
Article 6 (commencing with Section 708.510) of Chapter 6.

701.530. (a) Notice of sale of personal property shall be in
writing, shall state the date, time, and place of sale, and shall
describe the property to be sold.
(b) Not less than 10 days before a sale of personal property,
notice of sale shall be posted and served on the judgment debtor by
the levying officer. Service shall be made personally or by mail.
(c) Posting under this section shall be in three public places in:

(1) The city in which the property is to be sold if it is to be
sold in a city.
(2) The county in which the property is to be sold if it is not to
be sold in a city.
(d) A sale of personal property of an individual may not take
place until the expiration of the time during which the judgment
debtor may make a claim of exemption under subdivision (a) of Section
703.520.

701.540. (a) Notice of sale of an interest in real property shall
be in writing, shall state the date, time, and place of sale, shall
describe the interest to be sold, and shall give a legal description
of the real property and its street address or other common
designation, if any. If the real property has no street address or
other common designation, the notice of sale shall include a
statement that directions to its location may be obtained from the
levying officer upon oral or written request or, in the discretion of
the levying officer, the notice of sale may contain directions to
its location. Directions are sufficient if information as to the
location of the real property is given by reference to the direction
and approximate distance from the nearest crossroads, frontage road,
or access road. If an accurate legal description of the real
property is given, the validity of the notice and sale is not
affected by the fact that the street address or other common
designation, or directions to its location, are erroneous or omitted.

(b) Not less than 20 days before the date of sale, notice of sale
of an interest in real property shall be served, mailed, and posted
by the levying officer as provided in subdivisions (c), (d), (e), and
(f).
(c) Notice of sale shall be served on the judgment debtor.
Service shall be made personally or by mail.
(d) Notice of sale shall be posted in the following places:
(1) One public place in the city in which the interest in the real
property is to be sold if it is to be sold in a city or, if not to
be sold in a city, one public place in the county in which the
interest in the real property is to be sold.
(2) A conspicuous place on the real property.
(e) At the time notice is posted pursuant to paragraph (2) of
subdivision (d), notice of sale shall be served or service shall be
attempted on one occupant of the real property. Service on the
occupant shall be made by leaving the notice with the occupant
personally or, in the occupant's absence, with any person of suitable
age and discretion found upon the real property at the time service
is attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If the levying officer is
unable to serve such an occupant at the time service is attempted,
the levying officer is not required to make any further attempts to
serve an occupant.
(f) If the property described in the notice of sale consists of
more than one distinct lot, parcel, or governmental subdivision and
any of the lots, parcels, or governmental subdivisions lies with
relation to any of the others so as to form one or more continuous,
unbroken tracts, only one service pursuant to subdivision (e) and
posting pursuant to paragraph (2) of subdivision (d) need be made as
to each continuous, unbroken tract.
(g) Notice of sale shall be published pursuant to Section 6063 of
the Government Code, with the first publication at least 20 days
prior to the time of sale, in a newspaper of general circulation
published in the city in which the real property or a part thereof is
situated if any part thereof is situated in a city or, if not, in a
newspaper of general circulation published in the judicial district
in which the real property or a part thereof is situated. If no
newspaper of general circulation is published in the city or judicial
district, notice of sale shall be published in a newspaper of
general circulation in the county in which the real property or a
part thereof is situated.
(h) Not earlier than 30 days after the date of levy, the judgment
creditor shall determine the names of all persons having liens on the
real property on the date of levy that are of record in the office
of the county recorder and shall instruct the levying officer to mail
notice of sale to each such person at the address used by the county
recorder for the return of the instrument creating the person's lien
after recording. The levying officer shall mail notice to each such
person, at the address given in the instructions, not less than 20
days before the date of sale.


701.545. Notice of sale of an interest in real property, other than
a leasehold estate with an unexpired term of less than two years at
the time of levy, may not be given pursuant to Section 701.540 until
the expiration of 120 days after the date notice of levy on the
interest in real property was served on the judgment debtor.


701.547. A notice of sale shall contain the substance of the
following statement: "Prospective bidders should refer to Sections
701.510 to 701.680, inclusive, of the Code of Civil Procedure for
provisions governing the terms, conditions, and effect of the sale
and the liability of defaulting bidders."

701.550. (a) In addition to the notice of sale required by this
article, the levying officer shall, at the time notice of sale is
posted pursuant to Section 701.530 or 701.540, mail notice of sale to
any person who has requested notice of the sale pursuant to this
section.
(b) A request for notice of sale under this section made prior to
the issuance of the writ shall be in writing and shall be filed with
the clerk of the court where the judgment is entered. The request
shall specify the title of the court, the cause and number of the
action in which the judgment was entered, and the date of entry
thereof, and shall state the address to which the notice of sale is
to be mailed. The name and address of the person requesting notice
of sale under this subdivision shall be noted on the writ.
(c) A person who desires notice of sale of particular property
that has been levied upon may file a request for notice of sale with
the levying officer who will conduct the sale. The request shall
contain the information specified by the levying officer as needed in
order to comply with the request.


701.555. In addition to the notice of sale required by this
article, the judgment creditor may advertise the sale in the
classified or other advertising section of a newspaper of general
circulation or other publication and may recover reasonable costs of
such advertising. The judgment debtor may also advertise the sale at
the judgment debtor's own expense.

701.560. (a) Failure to give notice of sale as required by this
article does not invalidate the sale.
(b) A levying officer who sells property without giving the
required notice is liable to the judgment creditor and the judgment
debtor for actual damages caused by failure to give notice.

701.570. (a) A sale of property shall be held at the date, time,
and place specified in the notice of sale, which shall be in the
county where the property or a part thereof is situated and between
the hours of nine in the morning and five in the afternoon. Subject
to subdivision (d), real property consisting of one parcel, or of two
or more contiguous parcels, situated in two or more counties may be
sold in one county as instructed by the judgment creditor.
(b) The sale shall be made at auction to the highest bidder.
(c) If personal property capable of manual delivery is to be sold,
it shall be within the view of those who attend the sale unless,
upon application of the judgment creditor or the judgment debtor, the
court orders otherwise.
(d) Property shall be sold separately or in such groups or lots as
are likely to bring the highest price. The judgment debtor may
request that the property be sold separately or together and may
request that the property be sold in a particular order. If the
judgment debtor is not present at the sale, the request may be made
in writing and delivered to the levying officer prior to the sale.
The levying officer shall honor the request if, in the opinion of the
levying officer, the requested manner of sale is likely to yield an
amount at least equal to any other manner of sale or the amount
required to satisfy the money judgment. The levying officer is not
liable for a decision made in good faith under this subdivision.
(e) After sufficient property has been sold to yield the amount
required to satisfy the money judgment, no more shall be sold.

701.580. The judgment debtor and judgment creditor together may
request in writing that a sale be postponed to an agreed day and
hour. The request shall be delivered to the levying officer
conducting the sale, and the levying officer shall, by public
declaration at the time and place originally fixed for the sale,
postpone the sale to the day and hour fixed in the request. Notice
of any additional postponements shall be given by public declaration
by the levying officer at the time and place last appointed for the
sale. No other notice of postponed sale need be given. A postponed
sale shall be held at the place originally fixed for the sale.


701.590. (a) Except as otherwise provided in this section, the
purchaser at a sale shall pay in cash or by certified check or
cashier's check.
(b) The judgment creditor may bid by giving the levying officer a
written receipt crediting all or part of the amount required to
satisfy the judgment, except that the levying officer's costs
remaining unsatisfied and the amount of preferred labor claims,
exempt proceeds, and any other claim that is required by statute to
be satisfied, shall be paid in cash or by certified check or cashier'
s check.
(c) If the highest bid for an interest in real property sold
exceeds five thousand dollars ($5,000), the highest bidder may elect
to treat the sale as a credit transaction. A person who makes the
election shall deposit at least five thousand dollars ($5,000) or 10
percent of the amount bid, whichever is greater, and within 10 days
after the date of the sale shall pay the balance due plus costs
accruing with regard to the property sold and interest accruing at
the rate on money judgments on the balance of the amount bid from the
date of sale until the date of payment.
(d) If the highest bid for an item, group, or lot of personal
property sold exceeds two thousand five hundred dollars ($2,500), the
highest bidder may elect to treat the sale as a credit transaction.
A person who makes the election shall deposit at least two thousand
five hundred dollars ($2,500) or 10 percent of the amount bid,
whichever is greater, and within 10 days after the date of the sale
shall pay the balance due plus costs accruing with regard to the
property sold and interest accruing at the rate on money judgments on
the balance of the amount bid from the date of sale until the date
of payment.
(e) A person who makes the election under subdivision (c) or (d)
is not entitled to possession of the property sold until the amount
bid, plus accruing costs and interest, have been paid.

701.600. If the highest bidder does not pay the amount bid as
prescribed by Section 701.590:
(a) The levying officer shall sell the property:
(1) If the default occurs at the sale, either to the next highest
bidder at the amount of the next highest bid if such bidder agrees or
to the highest bidder at a new sale held immediately.
(2) If the default occurs after the sale to a credit bidder
pursuant to subdivision (c) of Section 701.590, to the highest bidder
at a new sale.
(b) The levying officer shall apply the amount of any deposit made
pursuant to subdivision (c) of Section 701.590 in the following
order:
(1) To the satisfaction of costs accruing with regard to the
property sold from the date of the sale until the date the property
is resold, including costs of resale.
(2) To the satisfaction of interest at the rate on money judgments
on the amount bid from the date of the sale until the date the
property is resold.
(3) To the amount required to satisfy the money judgment in the
order of distribution prescribed by Section 701.810 or Section
704.850, whichever is applicable.
(c) If there is a sale to the next highest bidder or to the
highest bidder at a new sale, the defaulting bidder is liable for the
following amounts in an action by the judgment creditor or judgment
debtor:
(1) The amount bid, less the amount obtained from the resale of
the property and the amount of any deposit applied pursuant to
subdivision (b). The amount recovered pursuant to this paragraph
shall be distributed in the manner prescribed by Section 701.810 or
Section 704.850, whichever is applicable.
(2) Any costs accruing with regard to the property sold from the
date of sale until the date the property is resold, including costs
of resale.
(3) Interest at the rate on money judgments on the amount bid from
the date of the sale until the date the property is resold.
(4) Costs and attorney's fees incurred in the action under this
subdivision.
(d) The levying officer may, in the levying officer's discretion,
reject any subsequent bid of the defaulting bidder.

701.610. The levying officer may not be a purchaser or have an
interest in any purchase at a sale.

701.620. (a) Property may not be sold unless the amount bid exceeds
the total of the following amounts:
(1) The amount of all preferred labor claims that are required by
Section 1206 to be satisfied from the proceeds.
(2) The amount of any state tax lien (as defined in Section 7162
of the Government Code) that is superior to the judgment creditor's
lien.
(3) If the purchaser is not the judgment creditor, the amount of
any deposit made pursuant to Section 720.260 with interest thereon at
the rate on money judgments from the date of the deposit to the date
of the sale.
(b) Property for which a proceeds exemption is provided by Section
704.010 (motor vehicle), 704.020 (household furnishings and other
personal effects), or 704.060 (tools of trade), may not be sold
unless the amount bid exceeds the sum of any amount under subdivision
(a) and the amount of the proceeds exemption.
(c) If a minimum bid required for the sale of property pursuant to
this section is not received, the levying officer shall promptly
release the property.

701.630. If property is sold pursuant to this article, the lien
under which it is sold, any liens subordinate thereto, and any state
tax lien (as defined in Section 7162 of the Government Code) on the
property sold are extinguished.


701.640. The purchaser of property at an execution sale acquires
any interest of the judgment debtor in the property sold (1) that is
held on the effective date of the lien under which the property was
sold or (2) that is acquired between such effective date and the date
of sale.


701.650. (a) When the purchaser of personal property pays the
amount due:
(1) If the property is capable of manual delivery, the levying
officer shall deliver the property to the purchaser and, if the
purchaser so requests, shall execute and deliver a certificate of
sale to the purchaser.
(2) If the property is not tangible personal property or if it is
otherwise not capable of manual delivery, the levying officer shall
execute and deliver a certificate of sale to the purchaser.
(b) If property or a certificate is delivered pursuant to
subdivision (a), the levying officer shall sign or endorse any
document or instrument in the levying officer's possession relating
to the title to or the right to possession of the property and
deliver it to the purchaser.


701.660. When the purchaser of an interest in real property pays
the amount due, the levying officer conducting the sale shall execute
and deliver a deed of sale to the purchaser and record a duplicate
of the deed of sale in the office of the county recorder.

701.670. The certificate of sale or deed of sale shall contain all
of the following:
(a) The title of the court where the judgment was entered under
which the sale was made and the cause and number of the action.
(b) The date of entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
(c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor.
(d) A description of the property sold.
(e) The date of sale.

701.680. (a) Except as provided in paragraph (1) of subdivision
(c), a sale of property pursuant to this article is absolute and may
not be set aside for any reason.
(b) If the judgment is reversed, vacated, or otherwise set aside,
the judgment debtor may recover from the judgment creditor the
proceeds of a sale pursuant to the judgment with interest at the rate
on money judgments to the extent the proceeds were applied to the
satisfaction of the judgment.
(c) If the sale was improper because of irregularities in the
proceedings, because the property sold was not subject to execution,
or for any other reason:
(1) The judgment debtor, or the judgment debtor's successor in
interest, may commence an action within 90 days after the date of
sale to set aside the sale if the purchaser at the sale is the
judgment creditor. Subject to paragraph (2), if the sale is set
aside, the judgment of the judgment creditor is revived to reflect
the amount that was satisfied from the proceeds of the sale and the
judgment creditor is entitled to interest on the amount of the
judgment as so revived as if the sale had not been made. Any liens
extinguished by the sale of the property are revived and reattach to
the property with the same priority and effect as if the sale had not
been made.
(2) The judgment debtor, or the judgment debtor's successor in
interest, may recover damages caused by the impropriety. If damages
are recovered against the judgment creditor, they shall be offset
against the judgment to the extent the judgment is not satisfied. If
damages are recovered against the levying officer, they shall be
applied to the judgment to the extent the judgment is not satisfied.

(d) For the purposes of subdivision (c), the purchaser of the
property at the sale is not a successor in interest.


701.810. Except as otherwise provided by statute, the levying
officer shall distribute the proceeds of sale or collection in the
following order:
(a) To persons having preferred labor claims that are required by
Section 1206 to be satisfied from the proceeds, in the amounts
required by Section 1206 to be satisfied.
(b) To the state department or agency having a state tax lien (as
defined in Section 7162 of the Government Code) that is superior to
the judgment creditor's lien, in the amount of the lien.
(c) If a deposit has been made pursuant to Section 720.260 and the
purchaser at the sale is not the judgment creditor, to the judgment
creditor in the amount required to repay the deposit with interest
thereon at the rate on money judgments from the date of the deposit.

(d) To the judgment debtor in the amount of any applicable
exemption of proceeds pursuant to Section 704.010 (motor vehicle),
704.020 (household furnishings and other personal effects), or
704.060 (tools of trade), except that such proceeds shall be used to
satisfy all of the following in the order of their respective
priorities:
(1) Any consensual liens and encumbrances, and any liens for labor
or materials, that are subordinate to the judgment creditor's lien.

(2) Subject to Section 688.030, any state tax lien (as defined in
Section 7162 of the Government Code) on the property sold if the
notice of state tax lien on the property has been recorded or filed
pursuant to Section 7171 of the Government Code prior to the time the
levying officer received the proceeds of the sale or collection.
(e) To the levying officer for the reimbursement of the levying
officer's costs for which an advance has not been made.
(f) To the judgment creditor to satisfy the following:
(1) First, costs and interest accruing after issuance of the writ
pursuant to which the sale or collection is conducted.
(2) Second, the amount due on the judgment with costs and
interest, as entered on the writ.
(g) To any other judgment creditors who have delivered writs to
the levying officer, accompanied by instructions to levy upon the
judgment debtor's property or the proceeds of its sale or collection,
or any other persons actually known by the levying officer to have a
claim, lien, or other interest subordinate to the judgment creditor'
s lien that is extinguished by the sale and that is not otherwise
satisfied pursuant to this section, in the amounts to which they are
entitled in order of their respective priorities.
(h) To the judgment debtor in the amount remaining.

701.820. (a) Promptly after a sale or collection under this title,
the levying officer shall distribute the proceeds to the persons
entitled thereto or, in cases covered by Section 701.830, deposit
the proceeds with the court.
(b) Except as otherwise provided by statute, the proceeds shall be
paid to the persons entitled thereto within 30 days after they are
received by the levying officer.
(c) If the proceeds are not to be received by the levying officer
in one payment, the levying officer may accumulate proceeds received
during a 30-day period and the accumulated proceeds shall be paid to
the persons entitled thereto not later than 20 days after the
expiration of the 30-day period.
(d) When proceeds are received by the levying officer in the form
of a check or other form of noncash payment that is to be honored
upon presentation by the levying officer for payment, the proceeds
are not received for the purposes of this section until the check or
other form of noncash payment has actually been honored upon
presentation for payment.
(e) The provisions of Section 26680 of the Government Code apply
to the levying officer only if all of the following conditions are
satisfied:
(1) The levying officer has failed to pay the proceeds or deposit
them with the court as provided in this article within the time
provided in this section.
(2) Upon such failure, a person entitled to any of the proceeds
has filed with the levying officer a written demand for the payment
of the proceeds to the persons entitled thereto.
(3) The levying officer has failed within 10 days after the demand
is filed to pay to the person filing the demand the proceeds to
which that person is entitled.

701.830. (a) If there are conflicting claims to all or a portion of
the proceeds of sale or collection known to the levying officer
before the proceeds are distributed, the levying officer may deposit
with the court the proceeds that are the subject of the conflicting
claims instead of distributing such proceeds under Section 701.810.
Any interested person may apply on noticed motion for an order for
the distribution of the proceeds deposited with the court. A copy of
the notice of motion shall be served on such persons as the court
shall by order determine in such manner as the court prescribes. Any
interested person may request time for filing a response to the
motion for an order for the distribution of the proceeds, for
discovery proceedings in connection with the motion, or for other
preparation for the hearing on the motion, and the court shall grant
a continuance for a reasonable time for any of these purposes.
(b) Except as provided in subdivision (c), at the hearing on the
motion the court shall determine the issues presented by the motion
and make an order for the distribution of the proceeds deposited with
the court.
(c) The court shall not determine the issues presented by the
motion and instead shall abate the hearing until the issues presented
by the motion can be determined in a civil action in the following
cases if:
(1) The court is not the proper court under any other provision of
law for the trial of a civil action with respect to the subject
matter of the motion and any interested person at or prior to the
hearing objects to the determination of the issues presented by the
motion by the court.
(2) A civil action is pending with respect to the subject matter
of the motion and jurisdiction has been obtained in the court in
which the civil action is pending.
(3) The court determines that the matter should be determined in a
civil action.

703.010. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money judgment.

(b) The exemptions provided by this chapter or by any other
statute do not apply if the judgment to be enforced is for the
foreclosure of a mortgage, deed of trust, or other lien or
encumbrance on the property other than a lien created pursuant to
this division or pursuant to Title 6.5 (commencing with Section
481.010) (attachment).

703.020. (a) The exemptions provided by this chapter apply only to
property of a natural person.
(b) The exemptions provided in this chapter may be claimed by any
of the following persons:
(1) In all cases, by the judgment debtor or a person acting on
behalf of the judgment debtor.
(2) In the case of community property, by the spouse of the
judgment debtor, whether or not the spouse is also a judgment debtor
under the judgment.

703.030. (a) An exemption for property that is described in this
chapter or in any other statute as exempt may be claimed within the
time and in the manner prescribed in the applicable enforcement
procedure. If the exemption is not so claimed, the exemption is
waived and the property is subject to enforcement of a money
judgment.
(b) Except as otherwise specifically provided by statute,
property that is described in this chapter or in any other statute as
exempt without making a claim is not subject to any procedure for
enforcement of a money judgment.
(c) Nothing in this section limits the authority of the court
pursuant to Section 473 to relieve a person upon such terms as may be
just from failure to claim an exemption within the time and in the
manner prescribed in the applicable enforcement procedure.

703.040. A purported contractual or other prior waiver of the
exemptions provided by this chapter or by any other statute, other
than a waiver by failure to claim an exemption required to be
claimed or otherwise made at the time enforcement is sought, is
against public policy and void.

703.050. (a) The determination whether property is exempt or the
amount of an exemption shall be made by application of the exemption
statutes in effect (1) at the time the judgment creditor's lien on
the property was created or (2) if the judgment creditor's lien on
the property is the latest in a series of overlapping liens created
when an earlier lien on the property in favor of the judgment
creditor was in effect, at the time the earliest lien in the series
of overlapping liens was created.
(b) This section applies to all judgments, whether based upon
tort, contract, or other legal theory or cause of action that arose
before or after the operative date of this section, and whether the
judgment was entered before or after the operative date of this
section.
(c) Notwithstanding subdivision (a), in the case of a levy of
execution, the procedures to be followed in levying upon, selling, or
releasing property, claiming, processing, opposing, and determining
exemptions, and paying exemption proceeds, shall be governed by the
law in effect at the time the levy of execution is made on the
property.

703.060. (a) The Legislature finds and declares that generally
persons who enter into contracts do not do so in reliance on an
assumption that the exemptions in effect at the time of the contract
will govern enforcement of any judgment based on the contract, that
liens imposed on property are imposed not as a matter of right but as
a matter of privilege granted by statute for purposes of priority,
that no vested rights with respect to exemptions are created by the
making of a contract or imposition of a lien, that application of
exemptions and exemption procedures in effect at the time of
enforcement of a judgment is essential to the proper balance between
the rights of judgment debtors and judgment creditors and has a
minimal effect on the economic stability essential for the
maintenance of private and public faith in commercial matters, and
that it is the policy of the state to treat all judgment debtors
equally with respect to exemptions and exemption procedures in effect
at the time of enforcement of a money judgment. To this end, the
Legislature reserves the right to repeal, alter, or add to the
exemptions and the procedures therefor at any time and intends,
unless otherwise provided by statute, that any repeals, alterations,
or additions apply upon their operative date to enforcement of all
money judgments, whether based upon tort, contract, or other legal
theory or cause of action that arose before or after the operative
date of the repeals, alterations, or additions, whether the judgment
was entered before or after the operative date of the repeals,
alterations, or additions.
(b) All contracts shall be deemed to have been made and all liens
on property shall be deemed to have been created in recognition of
the power of the state to repeal, alter, and add to statutes
providing for liens and exemptions from the enforcement of money
judgments.


703.070. Except as otherwise provided by statute:
(a) The exemptions provided by this chapter or by any other
statute apply to a judgment for child, family, or spousal support.
(b) If property is exempt without making a claim, the property is
not subject to being applied to the satisfaction of a judgment for
child, family, or spousal support.
(c) Except as provided in subdivision (b), if property sought to
be applied to the satisfaction of a judgment for child, family, or
spousal support is shown to be exempt under subdivision (a) in
appropriate proceedings, the court shall, upon noticed motion of the
judgment creditor, determine the extent to which the exempt property
nevertheless shall be applied to the satisfaction of the judgment.
In making this determination, the court shall take into account the
needs of the judgment creditor, the needs of the judgment debtor and
all the persons the judgment debtor is required to support, and all
other relevant circumstances. The court shall effectuate its
determination by an order specifying the extent to which the
otherwise exempt property is to be applied to the satisfaction of the
judgment.


703.080. (a) Subject to any limitation provided in the particular
exemption, a fund that is exempt remains exempt to the extent that it
can be traced into deposit accounts or in the form of cash or its
equivalent.
(b) The exemption claimant has the burden of tracing an exempt
fund.
(c) The tracing of exempt funds in a deposit account shall be by
application of the lowest intermediate balance principle unless the
exemption claimant or the judgment creditor shows that some other
method of tracing would better serve the interests of justice and
equity under the circumstances of the case.

703.090. If a judgment creditor has failed to oppose a claim of
exemption within the time allowed by Section 703.550 or if property
has been determined by a court to be exempt, and the judgment
creditor thereafter levies upon or otherwise seeks to apply the
property toward the satisfaction of the same money judgment, the
judgment creditor is not entitled to recover the subsequent costs of
collection unless the property is applied to satisfaction of the
judgment.


703.100. (a) Subject to subdivision (b), the determination whether
property is exempt shall be made under the circumstances existing at
the earliest of the following times:
(1) The time of levy on the property.
(2) The time of the commencement of court proceedings for the
application of the property to the satisfaction of the money
judgment.
(3) The time a lien is created under Title 6.5 (commencing with
Section 481.010) (attachment) or under this title.
(b) The court, in its discretion, may take into consideration any
of the following changes that have occurred between the time of levy
or commencement of enforcement proceedings or creation of the lien
and the time of the hearing:
(1) A change in the use of the property if the exemption is based
upon the use of property and if the property was used for the exempt
purpose at the time of the levy or the commencement of enforcement
proceedings or the creation of the lien but is used for a nonexempt
purpose at the time of the hearing.
(2) A change in the value of the property if the exemption is
based upon the value of property.
(3) A change in the financial circumstances of the judgment debtor
and spouse and dependents of the judgment debtor if the exemption is
based upon their needs.

703.110. If the judgment debtor is married:
(a) The exemptions provided by this chapter or by any other
statute apply to all property that is subject to enforcement of a
money judgment, including the interest of the spouse of the judgment
debtor in community property. The fact that one or both spouses are
judgment debtors under the judgment or that property sought to be
applied to the satisfaction of the judgment is separate or community
does not increase or reduce the number or amount of the exemptions.
Where the property exempt under a particular exemption is limited to
a specified maximum dollar amount, unless the exemption provision
specifically provides otherwise, the two spouses together are
entitled to one exemption limited to the specified maximum dollar
amount, whether one or both of the spouses are judgment debtors under
the judgment and whether the property sought to be applied to the
satisfaction of the judgment is separate or community.
(b) If an exemption is required by statute to be applied first to
property not before the court and then to property before the court,
the application of the exemption to property not before the court
shall be made to the community property and separate property of both
spouses, whether or not such property is subject to enforcement of
the money judgment.
(c) If the same exemption is claimed by the judgment debtor and
the spouse of the judgment debtor for different property, and the
property claimed by one spouse, but not both, is exempt, the
exemption shall be applied as the spouses agree. If the spouses are
unable to agree, the exemption shall be applied as directed by the
court in its discretion.

703.115. In determining an exemption based upon the needs of the
judgment debtor and the spouse and dependents of the judgment debtor
or an exemption based upon the needs of the judgment debtor and the
family of the judgment debtor, the court shall take into account all
property of the judgment debtor and, to the extent the judgment
debtor has a spouse and dependents or family, all property of such
spouse and dependents or family, including community property and
separate property of the spouse, whether or not such property is
subject to enforcement of the money judgment.

703.120. (a) Ten years following the operative date of this title
and every 10 years thereafter, the California Law Revision Commission
shall review the exempt amounts provided in this chapter and in
other statutes and recommend to the Governor and the Legislature any
changes in exempt amounts that appear proper.
(b) Nothing in this section precludes the commission from making
recommendations concerning exempt amounts more frequently than
required by subdivision (a) or from making recommendations concerning
any other aspect of this title, and the commission is authorized to
maintain a continuing review of and submit recommendations
concerning enforcement of judgments.

703.130. Pursuant to the authority of paragraph (1) of subsection
(b) of Section 522 of Title 11 of the United States Code, the
exemptions set forth in subsection (d) of Section 522 of Title 11 of
the United States Code (Bankruptcy) are not authorized in this state.


703.140. (a) In a case under Title 11 of the United States Code,
all of the exemptions provided by this chapter, including the
homestead exemption, other than the provisions of subdivision (b) are
applicable regardless of whether there is a money judgment against
the debtor or whether a money judgment is being enforced by execution
sale or any other procedure, but the exemptions provided by
subdivision (b) may be elected in lieu of all other exemptions
provided by this chapter, as follows:
(1) If a husband and wife are joined in the petition, they jointly
may elect to utilize the applicable exemption provisions of this
chapter other than the provisions of subdivision (b), or to utilize
the applicable exemptions set forth in subdivision (b), but not both.

(2) If the petition is filed individually, and not jointly, for a
husband or a wife, the exemptions provided by this chapter other than
the provisions of subdivision (b) are applicable, except that, if
both the husband and the wife effectively waive in writing the right
to claim, during the period the case commenced by filing the petition
is pending, the exemptions provided by the applicable exemption
provisions of this chapter, other than subdivision (b), in any case
commenced by filing a petition for either of them under Title 11 of
the United States Code, then they may elect to instead utilize the
applicable exemptions set forth in subdivision (b).
(3) If the petition is filed for an unmarried person, that person
may elect to utilize the applicable exemption provisions of this
chapter other than subdivision (b), or to utilize the applicable
exemptions set forth in subdivision (b), but not both.
(b) The following exemptions may be elected as provided in
subdivision (a):
(1) The debtor's aggregate interest, not to exceed seventeen
thousand four hundred twenty-five dollars ($17,425) in value, in real
property or personal property that the debtor or a dependent of the
debtor uses as a residence, in a cooperative that owns property that
the debtor or a dependent of the debtor uses as a residence, or in a
burial plot for the debtor or a dependent of the debtor.
(2) The debtor's interest, not to exceed two thousand seven
hundred seventy-five dollars ($2,775) in value, in one motor vehicle.

(3) The debtor's interest, not to exceed four hundred fifty
dollars ($450) in value in any particular item, in household
furnishings, household goods, wearing apparel, appliances, books,
animals, crops, or musical instruments, that are held primarily for
the personal, family, or household use of the debtor or a dependent
of the debtor.
(4) The debtor's aggregate interest, not to exceed one thousand
one hundred fifty dollars ($1,150) in value, in jewelry held
primarily for the personal, family, or household use of the debtor or
a dependent of the debtor.
(5) The debtor's aggregate interest, not to exceed in value nine
hundred twenty-five dollars ($925) plus any unused amount of the
exemption provided under paragraph (1), in any property.
(6) The debtor's aggregate interest, not to exceed one thousand
seven hundred fifty dollars ($1,750) in value, in any implements,
professional books, or tools of the trade of the debtor or the trade
of a dependent of the debtor.
(7) Any unmatured life insurance contract owned by the debtor,
other than a credit life insurance contract.
(8) The debtor's aggregate interest, not to exceed in value nine
thousand three hundred dollars ($9,300), in any accrued dividend or
interest under, or loan value of, any unmatured life insurance
contract owned by the debtor under which the insured is the debtor or
an individual of whom the debtor is a dependent.
(9) Professionally prescribed health aids for the debtor or a
dependent of the debtor.
(10) The debtor's right to receive any of the following:
(A) A social security benefit, unemployment compensation, or a
local public assistance benefit.
(B) A veterans' benefit.
(C) A disability, illness, or unemployment benefit.
(D) Alimony, support, or separate maintenance, to the extent
reasonably necessary for the support of the debtor and any dependent
of the debtor.
(E) A payment under a stock bonus, pension, profit-sharing,
annuity, or similar plan or contract on account of illness,
disability, death, age, or length of service, to the extent
reasonably necessary for the support of the debtor and any dependent
of the debtor, unless all of the following apply:
(i) That plan or contract was established by or under the auspices
of an insider that employed the debtor at the time the debtor's
rights under the plan or contract arose.
(ii) The payment is on account of age or length of service.
(iii) That plan or contract does not qualify under Section 401(a),
403(a), 403(b), 408, or 408A of the Internal Revenue Code of 1986.
(11) The debtor's right to receive, or property that is traceable
to, any of the following:
(A) An award under a crime victim's reparation law.
(B) A payment on account of the wrongful death of an individual of
whom the debtor was a dependent, to the extent reasonably necessary
for the support of the debtor and any dependent of the debtor.
(C) A payment under a life insurance contract that insured the
life of an individual of whom the debtor was a dependent on the date
of that individual's death, to the extent reasonably necessary for
the support of the debtor and any dependent of the debtor.
(D) A payment, not to exceed seventeen thousand four hundred
twenty-five dollars ($17,425), on account of personal bodily injury,
not including pain and suffering or compensation for actual pecuniary
loss, of the debtor or an individual of whom the debtor is a
dependent.
(E) A payment in compensation of loss of future earnings of the
debtor or an individual of whom the debtor is or was a dependent, to
the extent reasonably necessary for the support of the debtor and any
dependent of the debtor.

703.150. (a) On April 1, 2004, and at each three-year interval
ending on April 1 thereafter, the dollar amounts of exemptions
provided in subdivision (b) of Section 703.140 in effect immediately
before that date shall be adjusted as provided in subdivision (c).
(b) On April 1, 2007, and at each three-year interval ending on
April 1 thereafter, the dollar amounts of exemptions provided in
Article 3 (commencing with Section 704.010) in effect immediately
before that date shall be adjusted as provided in subdivision (c).
(c) The Judicial Council shall determine the amount of the
adjustment based on the change in the annual California Consumer
Price Index for All Urban Consumers, published by the Department of
Industrial Relations, Division of Labor Statistics, for the most
recent three-year period ending on December 31 preceding the
adjustment, with each adjusted amount rounded to the nearest
twenty-five dollars ($25).
(d) Beginning April 1, 2004, the Judicial Council shall publish a
list of the current dollar amounts of exemptions provided in
subdivision (b) of Section 703.140 and in Article 3 (commencing with
Section 704.010), together with the date of the next scheduled
adjustment.
(e) Adjustments made under subdivision (a) do not apply with
respect to cases commenced before the date of the adjustment, subject
to any contrary rule applicable under the federal Bankruptcy Code.
The applicability of adjustments made under subdivision (b) is
governed by Section 703.050.


703.510. (a) Except as otherwise provided by statute, property that
has been levied upon may be claimed to be exempt as provided in this
article.
(b) If property that is exempt without making a claim is levied
upon, it may be released pursuant to the exemption procedure provided
in this article.


703.520. (a) The claimant may make a claim of exemption by filing
with the levying officer a claim of exemption together with a copy
thereof. The claim shall be made within 10 days after the date the
notice of levy on the property claimed to be exempt was served on the
judgment debtor.
(b) The claim of exemption shall be executed under oath and shall
include all of the following:
(1) The name of the claimant and the mailing address where service
of a notice of opposition to the claim may be made upon the
claimant.
(2) The name and last known address of the judgment debtor if the
claimant is not the judgment debtor.
(3) A description of the property claimed to be exempt. If an
exemption is claimed pursuant to Section 704.010 or 704.060, the
claimant shall describe all other property of the same type
(including exempt proceeds of property of the same type) owned by the
judgment debtor alone or in combination with others on the date of
levy and identify the property, whether or not levied upon, to which
the exemption is to be applied. If an exemption is claimed pursuant
to subdivision (b) of Section 704.100, the claimant shall state the
nature and amount of all other property of the same type owned by the
judgment debtor or the spouse of the judgment debtor alone or in
combination with others on the date of levy.
(4) A financial statement if required by Section 703.530.
(5) A citation of the provision of this chapter or other statute
upon which the claim is based.
(6) A statement of the facts necessary to support the claim.

703.530. (a) If property is claimed as exempt pursuant to a
provision exempting property to the extent necessary for the support
of the judgment debtor and the spouse and dependents of the judgment
debtor, the claim of exemption shall include a financial statement.
(b) The financial statement shall include all of the following
information:
(1) The name of the spouse of the judgment debtor.
(2) The name, age, and relationship of all persons dependent upon
the judgment debtor or the spouse of the judgment debtor for support.

(3) All sources and the amounts of earnings and other income of
the judgment debtor and the spouse and dependents of the judgment
debtor.
(4) A list of the assets of the judgment debtor and the spouse and
dependents of the judgment debtor and the value of such assets.
(5) All outstanding obligations of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) The financial statement shall be executed under oath by the
judgment debtor and, unless the spouses are living separate and
apart, by the spouse of the judgment debtor.


703.540. Promptly after the filing of the claim of exemption, the
levying officer shall serve both of the following on the judgment
creditor personally or by mail:
(a) A copy of the claim of exemption.
(b) A notice of claim of exemption stating that the claim of
exemption has been made and that the levying officer will release the
property unless, within the time allowed as specified in the notice,
both of the following are filed with the levying officer:
(1) A copy of the notice of opposition to the claim of exemption.

(2) A copy of the notice of motion for an order determining the
claim of exemption.


703.550. Within 10 days after service of the notice of claim of
exemption, a judgment creditor who opposes the claim of exemption
shall file with the court a notice of opposition to the claim of
exemption and a notice of motion for an order determining the claim
of exemption and shall file with the levying officer a copy of the
notice of opposition and a copy of the notice of motion. Upon the
filing of the copies of the notice of opposition and notice of
motion, the levying officer shall promptly file the claim of
exemption with the court. If copies of the notice of opposition and
notice of motion are not filed with the levying officer within the
time allowed, the levying officer shall immediately release the
property to the extent it is claimed to be exempt.

703.560. The notice of opposition to the claim of exemption shall
be executed under oath and shall include both of the following:
(a) An allegation either (1) that the property is not exempt under
the provision of this chapter or other statute relied upon or (2)
that the equity in the property claimed to be exempt is in excess of
the amount provided in the applicable exemption.
(b) A statement of the facts necessary to support the allegation.

703.570. (a) The hearing on the motion shall be held not later than
20 days from the date the notice of motion was filed with the court
unless continued by the court for good cause.
(b) Not less than 10 days prior to the hearing, the judgment
creditor shall serve a notice of the hearing and a copy of the notice
of opposition to the claim of exemption on the claimant and on the
judgment debtor, if other than the claimant. Service shall be made
personally or by mail.


703.580. (a) The claim of exemption and notice of opposition to the
claim of exemption constitute the pleadings, subject to the power of
the court to permit amendments in the interest of justice.
(b) At a hearing under this section, the exemption claimant has
the burden of proof.
(c) The claim of exemption is deemed controverted by the notice of
opposition to the claim of exemption and both shall be received in
evidence. If no other evidence is offered, the court, if satisfied
that sufficient facts are shown by the claim of exemption (including
the financial statement if one is required) and the notice of
opposition, may make its determination thereon. If not satisfied,
the court shall order the hearing continued for the production of
other evidence, oral or documentary.
(d) At the conclusion of the hearing, the court shall determine by
order whether or not the property is exempt in whole or in part.
Subject to Section 703.600, the order is determinative of the right
of the judgment creditor to apply the property to the satisfaction of
the judgment. No findings are required in a proceeding under this
section.
(e) The court clerk shall promptly transmit a certified copy of
the order to the levying officer. Subject to Section 703.610, the
levying officer shall, in compliance with the order, release the
property or apply the property to the satisfaction of the money
judgment.
(f) Unless otherwise ordered by the court, if an exemption is not
determined within the time provided by Section 703.570, the property
claimed to be exempt shall be released.

703.590. If the court extends the time allowed for an act to be
done under this article, written notice of the extension shall be
filed with the levying officer and, unless notice is waived, shall be
served promptly on the opposing party. Service shall be made
personally or by mail.

703.600. An appeal lies from any order made under this article.

703.610. (a) Except as otherwise provided by statute or ordered by
the court, the levying officer shall not release, sell, or otherwise
dispose of the property for which an exemption is claimed until an
appeal is waived, the time to file an appeal has expired, or the
exemption is finally determined.
(b) At any time while the exemption proceedings are pending, upon
motion of the judgment creditor or a claimant, or upon its own
motion, the court may make any orders for disposition of the property
that may be proper under the circumstances of the case. The order
may be modified or vacated by the court at any time during the
pendency of the exemption proceedings upon any terms that are just.
(c) If an appeal of the determination of a claim of exemption is
taken, notice of the appeal shall be given to the levying officer and
the levying officer shall hold, release, or dispose of the property
in accordance with the provisions governing enforcement and stay of
enforcement of money judgments pending appeal.

704.010. (a) Any combination of the following is exempt in the
amount of two thousand three hundred dollars ($2,300):
(1) The aggregate equity in motor vehicles.
(2) The proceeds of an execution sale of a motor vehicle.
(3) The proceeds of insurance or other indemnification for the
loss, damage, or destruction of a motor vehicle.
(b) Proceeds exempt under subdivision (a) are exempt for a period
of 90 days after the time the proceeds are actually received by the
judgment debtor.
(c) For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used car
price guides customarily used by California automobile dealers
unless the motor vehicle is not listed in such price guides.
(d) If the judgment debtor has only one motor vehicle and it is
sold at an execution sale, the proceeds of the execution sale are
exempt in the amount of two thousand three hundred dollars ($2,300)
without making a claim. The levying officer shall consult and may
rely upon the records of the Department of Motor Vehicles in
determining whether the judgment debtor has only one motor vehicle.
In the case covered by this subdivision, the exemption provided by
subdivision (a) is not available.


704.020. (a) Household furnishings, appliances, provisions, wearing
apparel, and other personal effects are exempt in the following
cases:
(1) If ordinarily and reasonably necessary to, and personally used
or procured for use by, the judgment debtor and members of the
judgment debtor's family at the judgment debtor's principal place of
residence.
(2) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if ordinarily and reasonably necessary to,
and personally used or procured for use by, the spouse and members of
the spouse's family at the spouse's principal place of residence.
(b) In determining whether an item of property is "ordinarily and
reasonably necessary" under subdivision (a), the court shall take
into account both of the following:
(1) The extent to which the particular type of item is ordinarily
found in a household.
(2) Whether the particular item has extraordinary value as
compared to the value of items of the same type found in other
households.
(c) If an item of property for which an exemption is claimed
pursuant to this section is an item of the type ordinarily found in
a household but is determined not to be exempt because the item has
extraordinary value as compared to the value of items of the same
type found in other households, the proceeds obtained at an execution
sale of the item are exempt in the amount determined by the court
to be a reasonable amount sufficient to purchase a replacement of
ordinary value if the court determines that a replacement is
reasonably necessary. Proceeds exempt under this subdivision are
exempt for a period of 90 days after the proceeds are actually
received by the judgment debtor.

704.030. Material that in good faith is about to be applied to the
repair or improvement of a residence is exempt if the equity in the
material does not exceed two thousand four hundred twenty-five
dollars ($2,425) in the following cases:
(a) If purchased in good faith for use in the repair or
improvement of the judgment debtor's principal place of residence.
(b) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if purchased in good faith for use in the
repair or improvement of the spouse's principal place of residence.


704.040. Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed six thousand
seventy-five dollars ($6,075).

704.050. Health aids reasonably necessary to enable the judgment
debtor or the spouse or a dependent of the judgment debtor to work or
sustain health, and prosthetic and orthopedic appliances, are
exempt.


704.060. (a) Tools, implements, instruments, materials, uniforms,
furnishings, books, equipment, one commercial motor vehicle, one
vessel, and other personal property are exempt to the extent that the
aggregate equity therein does not exceed:
(1) Six thousand seventy-five dollars $6,075), if reasonably
necessary to and actually used by the judgment debtor in the exercise
of the trade, business, or profession by which the judgment debtor
earns a livelihood.
(2) Six thousand seventy-five dollars ($6,075), if reasonably
necessary to and actually used by the spouse of the judgment debtor
in the exercise of the trade, business, or profession by which the
spouse earns a livelihood.
(3) Twice the amount of the exemption provided in paragraph (1),
if reasonably necessary to and actually used by the judgment debtor
and by the spouse of the judgment debtor in the exercise of the same
trade, business, or profession by which both earn a livelihood. In
the case covered by this paragraph, the exemptions provided in
paragraphs (1) and (2) are not available.
(b) If property described in subdivision (a) is sold at an
execution sale, or if it has been lost, damaged, or destroyed, the
proceeds of the execution sale or of insurance or other
indemnification are exempt for a period of 90 days after the proceeds
are actually received by the judgment debtor or the judgment debtor'
s spouse. The amount exempt under this subdivision is the amount
specified in subdivision (a) that applies to the particular case less
the aggregate equity of any other property to which the exemption
provided by subdivision (a) for the particular case has been applied.

(c) Notwithstanding subdivision (a), a motor vehicle is not exempt
under subdivision (a) if there is a motor vehicle exempt under
Section 704.010 which is reasonably adequate for use in the trade,
business, or profession for which the exemption is claimed under this
section.
(d) Notwithstanding subdivisions (a) and (b):
(1) The amount of the exemption for a commercial motor vehicle
under paragraph (1) or (2) of subdivision (a) is limited to four
thousand eight hundred fifty dollars ($4,850).
(2) The amount of the exemption for a commercial motor vehicle
under paragraph (3) of subdivision (a) is limited to twice the amount
of the exemption provided in paragraph (1) of this subdivision.

704.070. (a) As used in this section:
(1) "Earnings withholding order" means an earnings withholding
order under Chapter 5 (commencing with Section 706.010) (Wage
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending on the
date of the levy. For the purposes of this paragraph, where
earnings that have been paid to the employee are sought to be
subjected to the enforcement of a money judgment other than by a
levy, the date of levy is deemed to be the date the earnings were
otherwise subjected to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
the form of cash or its equivalent as provided in Section 703.080 are
exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
employee they were subject to an earnings withholding order or an
earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
or otherwise sought to be subjected to the enforcement of a money
judgment are exempt if prior to payment to the employee they were not
subject to an earnings withholding order or an earnings assignment
order for support.

704.080. (a) For the purposes of this section:
(1) "Deposit account" means a deposit account in which payments of
public benefits or social security benefits are directly deposited
by the government or its agent.
(2) "Social security benefits" means payments authorized by the
Social Security Administration for regular retirement and survivors'
benefits, supplemental security income benefits, coal miners' health
benefits, and disability insurance benefits. "Public benefits" means
aid payments authorized pursuant to subdivision (a) of Section 11450
of the Welfare and Institutions Code, payments for supportive
services as described in Section 11323.2 of the Welfare and
Institutions Code, and general assistance payments made pursuant to
Section 17000.5 of the Welfare and Institutions Code.
(b) A deposit account is exempt without making a claim in the
following amount:
(1) One thousand two hundred twenty-five dollars ($1,225) where
one depositor is the designated payee of the directly deposited
public benefits payments.
(2) Two thousand four hundred twenty-five dollars ($2,425) where
one depositor is the designated payee of directly deposited social
security payments.
(3) One thousand eight hundred twenty-five dollars ($1,825) where
two or more depositors are the designated payees of the directly
deposited public benefits payments, unless those depositors are joint
payees of directly deposited payments that represent a benefit to
only one of the depositors, in which case the exemption under
paragraph (1) applies.
(4) Three thousand six hundred fifty dollars ($3,650) where two or
more depositors are the designated payees of directly deposited
social security payments, unless those depositors are joint payees of
directly deposited payments that represent a benefit to only one of
the depositors, in which case the exemption under paragraph (2)
applies.
(c) The amount of a deposit account that exceeds the exemption
provided in subdivision (b) is exempt to the extent that it consists
of payments of public benefits or social security benefits.
(d) Notwithstanding Article 5 (commencing with Section 701.010) of
Chapter 3, when a deposit account is levied upon or otherwise sought
to be subjected to the enforcement of a money judgment, the
financial institution that holds the deposit account shall either
place the amount that exceeds the exemption provided in subdivision
(b) in a suspense account or otherwise prohibit withdrawal of that
amount pending notification of the failure of the judgment creditor
to file the affidavit required by this section or the judicial
determination of the exempt status of the amount. Within 10 business
days after the levy, the financial institution shall provide the
levying officer with a written notice stating (1) that the deposit
account is one in which payments of public benefits or social
security benefits are directly deposited by the government or its
agent and (2) the balance of the deposit account that exceeds the
exemption provided by subdivision (b). Promptly upon receipt of the
notice, the levying officer shall serve the notice on the judgment
creditor. Service shall be made personally or by mail.
(e) Notwithstanding the procedure prescribed in Article 2
(commencing with Section 703.510), whether there is an amount exempt
under subdivision (c) shall be determined as follows:
(1) Within five days after the levying officer serves the notice
on the judgment creditor under subdivision (d), a judgment creditor
who desires to claim that the amount is not exempt shall file with
the court an affidavit alleging that the amount is not exempt and
file a copy with the levying officer. The affidavit shall be in the
form of the notice of opposition provided by Section 703.560, and a
hearing shall be set and held, and notice given, as provided by
Sections 703.570 and 703.580. For the purpose of this subdivision,
the "notice of opposition to the claim of exemption" in Sections
703.570 and 703.580 means the affidavit under this subdivision.
(2) If the judgment creditor does not file the affidavit with the
levying officer and give notice of hearing pursuant to Section
703.570 within the time provided in paragraph (1), the levying
officer shall release the deposit account and shall notify the
financial institution.
(3) The affidavit constitutes the pleading of the judgment
creditor, subject to the power of the court to permit amendments in
the interest of justice. The affidavit is deemed controverted and no
counteraffidavit is required.
(4) At a hearing under this subdivision, the judgment debtor has
the burden of proving that the excess amount is exempt.
(5) At the conclusion of the hearing, the court by order shall
determine whether or not the amount of the deposit account is exempt
pursuant to subdivision (c) in whole or in part and shall make an
appropriate order for its prompt disposition. No findings are
required in a proceeding under this subdivision.
(6) Upon determining the exemption claim for the deposit account
under subdivision (c), the court shall immediately transmit a
certified copy of the order of the court to the financial institution
and to the levying officer. If the order determines that all or
part of the excess is exempt under subdivision (c), with respect to
the amount of the excess which is exempt, the financial institution
shall transfer the exempt excess from the suspense account or
otherwise release any restrictions on its withdrawal by the judgment
debtor. The transfer or release shall be effected within three
business days of the receipt of the certified copy of the court order
by the financial institution.
(f) If the judgment debtor claims that a portion of the amount is
exempt other than pursuant to subdivision (c), the claim of exemption
shall be made pursuant to Article 2 (commencing with Section
703.510). If the judgment debtor also opposes the judgment creditor'
s affidavit regarding an amount exempt pursuant to subdivision (c),
both exemptions shall be determined at the same hearing, provided the
judgment debtor has complied with Article 2 (commencing with Section
703.510).


704.090. (a) The funds of a judgment debtor confined in a prison or
facility under the jurisdiction of the Department of Corrections or
the Department of the Youth Authority or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, held in trust for or to the credit of the judgment debtor,
in an inmate's trust account or similar account by the state, county,
or city, or any agency thereof, are exempt without making a claim in
the amount of one thousand two hundred twenty-five dollars ($1,225).
If the judgment debtor is married, each spouse is entitled to a
separate exemption under this section or the spouses may combine
their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a
restitution fine or order imposed pursuant to subdivision (a) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, or Section 1203.04 of the Penal Code, as
operative on or before August 2, 1995, or Section 1202.4 of the Penal
Code, the funds held in trust for, or to the credit of, a judgment
debtor described in subdivision (a) are exempt in the amount of three
hundred dollars ($300) without making a claim. The exemption
provided in this subdivision is not subject to adjustment under
Section 703.150.

704.100. (a) Unmatured life insurance policies (including endowment
and annuity policies), but not the loan value of such policies, are
exempt without making a claim.
(b) The aggregate loan value of unmatured life insurance policies
(including endowment and annuity policies) is subject to the
enforcement of a money judgment but is exempt in the amount of nine
thousand seven hundred dollars ($9,700). If the judgment debtor is
married, each spouse is entitled to a separate exemption under this
subdivision, and the exemptions of the spouses may be combined,
regardless of whether the policies belong to either or both spouses
and regardless of whether the spouse of the judgment debtor is also a
judgment debtor under the judgment. The exemption provided by this
subdivision shall be first applied to policies other than the policy
before the court and then, if the exemption is not exhausted, to the
policy before the court.
(c) Benefits from matured life insurance policies (including
endowment and annuity policies) are exempt to the extent reasonably
necessary for the support of the judgment debtor and the spouse and
dependents of the judgment debtor.

704.110. (a) As used in this section:
(1) "Public entity" means the state, or a city, city and county,
county, or other political subdivision of the state, or a public
trust, public corporation, or public board, or the governing body of
any of them, but does not include the United States except where
expressly so provided.
(2) "Public retirement benefit" means a pension or an annuity, or
a retirement, disability, death, or other benefit, paid or payable by
a public retirement system.
(3) "Public retirement system" means a system established pursuant
to statute by a public entity for retirement, annuity, or pension
purposes or payment of disability or death benefits.
(b) All amounts held, controlled, or in process of distribution by
a public entity derived from contributions by the public entity or
by an officer or employee of the public entity for public retirement
benefit purposes, and all rights and benefits accrued or accruing to
any person under a public retirement system, are exempt without
making a claim.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraphs (2) and (3), the amount is
exempt only to the extent that the court determines under subdivision
(c) of Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011,
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052. The paying
entity may deduct from the payment being made to the judgment debtor,
for each payment made pursuant to an earnings assignment order under
this paragraph, an amount reflecting the actual cost of
administration caused by the assignment order of up to two dollars
($2) for each payment.
(3) If the intercept procedure provided for in Section 11357 of
the Welfare and Institutions Code is used for benefits that are
payable periodically, the amount to be withheld shall not exceed the
amount permitted to be withheld on an earnings withholding order for
support under Section 706.052.
(4) If the amount sought to be applied to the satisfaction of the
judgment is payable as a lump-sum distribution, the amount payable is
subject to the intercept procedure provided in Section 11357 of the
Welfare and Institutions Code or any other applicable enforcement
procedure.
(d) All amounts received by any person, a resident of the state,
as a public retirement benefit or as a return of contributions and
interest thereon from the United States or a public entity or from a
public retirement system are exempt.


704.113. (a) As used in this section, "vacation credits" means
vacation credits accumulated by a state employee pursuant to Section
18050 of the Government Code or by any other public employee pursuant
to any law for the accumulation of vacation credits applicable to
the employee.
(b) All vacation credits are exempt without making a claim.
(c) Amounts paid periodically or as a lump sum representing
vacation credits are subject to any earnings withholding order served
under Chapter 5 (commencing with Section 706.010) or any earnings
assignment order for support as defined in Section 706.011 and are
exempt to the same extent as earnings of a judgment debtor.

704.114. (a) Notwithstanding any other provision of law, service of
an earnings assignment order for support, or an order or notice to
withhold income for child support on any public entity described in
Section 704.110, other than the United States government, creates a
lien on all employee contributions in the amount necessary to satisfy
a support judgment as determined under Section 695.210 to the extent
that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order or notice
to withhold by delivering the contributions to the clerk of the
court in which the support order was awarded or last registered,
unless the entity has received a certified copy of an order or
administrative notice terminating the earnings assignment order for
support.
(c) Upon receipt of moneys pursuant to this section, the clerk of
the court, within 10 days, shall send written notice of the receipt
of the deposit to the parties and to the local child support agency
enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any
procedure available to enforce an order for support, but if no
enforcement procedure is commenced after 30 days have elapsed from
the date the notice of receipt is sent, the clerk shall, upon
request, return the moneys to the public entity that delivered the
moneys to the court unless the public entity has informed the court
in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the terms or
conditions of, any order for support upon the making of a request for
the return of employee contributions by an employee.


704.115. (a) As used in this section, "private retirement plan"
means:
(1) Private retirement plans, including, but not limited to, union
retirement plans.
(2) Profit-sharing plans designed and used for retirement
purposes.
(3) Self-employed retirement plans and individual retirement
annuities or accounts provided for in the Internal Revenue Code of
1986, as amended, including individual retirement accounts qualified
under Section 408 or 408A of that code, to the extent the amounts
held in the plans, annuities, or accounts do not exceed the maximum
amounts exempt from federal income taxation under that code.
(b) All amounts held, controlled, or in process of distribution by
a private retirement plan, for the payment of benefits as an
annuity, pension, retirement allowance, disability payment, or death
benefit from a private retirement plan are exempt.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraph (2), the amount is exempt only
to the extent that the court determines under subdivision (c) of
Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052.
(d) After payment, the amounts described in subdivision (b) and
all contributions and interest thereon returned to any member of a
private retirement plan are exempt.
(e) Notwithstanding subdivisions (b) and (d), except as provided
in subdivision (f), the amounts described in paragraph (3) of
subdivision (a) are exempt only to the extent necessary to provide
for the support of the judgment debtor when the judgment debtor
retires and for the support of the spouse and dependents of the
judgment debtor, taking into account all resources that are likely to
be available for the support of the judgment debtor when the
judgment debtor retires. In determining the amount to be exempt
under this subdivision, the court shall allow the judgment debtor
such additional amount as is necessary to pay any federal and state
income taxes payable as a result of the applying of an amount
described in paragraph (3) of subdivision (a) to the satisfaction of
the money judgment.
(f) Where the amounts described in paragraph (3) of subdivision
(a) are payable periodically, the amount of the periodic payment that
may be applied to the satisfaction of a money judgment is the amount
that may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law). To the
extent a lump-sum distribution from an individual retirement account
is treated differently from a periodic distribution under this
subdivision, any lump-sum distribution from an account qualified
under Section 408A of the Internal Revenue Code shall be treated the
same as a lump-sum distribution from an account qualified under
Section 408 of the Internal Revenue Code for purposes of determining
whether any of that payment may be applied to the satisfaction of a
money judgment.

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

704.130. (a) Before payment, benefits from a disability or health
insurance policy or program are exempt without making a claim. After
payment, the benefits are exempt.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or local child support agency may seek to apply the
benefit payments to satisfy the judgment by an earnings assignment
order for support, as defined in Section 706.011, or any other
applicable enforcement procedure, but the amount to be withheld
pursuant to the earnings assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
assignment order for support under Section 706.052.

704.140. (a) Except as provided in Article 5 (commencing with
Section 708.410) of Chapter 6, a cause of action for personal injury
is exempt without making a claim.
(b) Except as provided in subdivisions (c) and (d), an award of
damages or a settlement arising out of personal injury is exempt to
the extent necessary for the support of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) Subdivision (b) does not apply if the judgment creditor is a
provider of health care whose claim is based on the providing of
health care for the personal injury for which the award or settlement
was made.
(d) Where an award of damages or a settlement arising out of
personal injury is payable periodically, the amount of such periodic
payment that may be applied to the satisfaction of a money judgment
is the amount that may be withheld from a like amount of earnings
under Chapter 5 (commencing with Section 706.010) (Wage Garnishment
Law).

704.150. (a) Except as provided in Article 5 (commencing with
Section 708.410) of Chapter 6, a cause of action for wrongful death
is exempt without making a claim.
(b) Except as provided in subdivision (c), an award of damages or
a settlement arising out of the wrongful death of the judgment debtor'
s spouse or a person on whom the judgment debtor or the judgment
debtor's spouse was dependent is exempt to the extent reasonably
necessary for support of the judgment debtor and the spouse and
dependents of the judgment debtor.
(c) Where an award of damages or a settlement arising out of the
wrongful death of the judgment debtor's spouse or a person on whom
the judgment debtor or the judgment debtor's spouse was dependent is
payable periodically, the amount of such a periodic payment that may
be applied to the satisfaction of a money judgment is the amount that
may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law).

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

704.170. Before payment, aid provided pursuant to Division 9
(commencing with Section 10000) of the Welfare and Institutions Code
or similar aid provided by a charitable organization or a fraternal
benefit society as defined in Section 10990 of the Insurance Code, is
exempt without making a claim. After payment, the aid is exempt.


704.180. Before payment, relocation benefits for displacement from
a dwelling which are to be paid pursuant to Chapter 16 (commencing
with Section 7260) of Division 7 of Title 1 of the Government Code or
the federal "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as
amended, are exempt without making a claim. After payment, the
benefits are exempt.

704.190. (a) As used in this section, "institution of higher
education" means "institution of higher education" as defined in
Section 1141(a) of Title 20 of the United States Code, as amended.
(b) Before payment, financial aid for expenses while attending
school provided to a student by an institution of higher education is
exempt without making a claim. After payment, the aid is exempt.

704.200. (a) As used in this section:
(1) "Cemetery" has the meaning provided by Section 7003 of the
Health and Safety Code.
(2) "Family plot" is a plot that satisfies the requirements of
Section 8650 of the Health and Safety Code.
(3) "Plot" has the meaning provided by Section 7022 of the Health
and Safety Code.
(b) A family plot is exempt without making a claim.
(c) Except as provided in subdivision (d), a cemetery plot for the
judgment debtor and the spouse of the judgment debtor is exempt.
(d) Land held for the purpose of sale or disposition as cemetery
plots or otherwise is not exempt.


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

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

704.720. (a) A homestead is exempt from sale under this division to
the extent provided in Section 704.800.
(b) If a homestead is sold under this division or is damaged or
destroyed or is acquired for public use, the proceeds of sale or of
insurance or other indemnification for damage or destruction of the
homestead or the proceeds received as compensation for a homestead
acquired for public use are exempt in the amount of the homestead
exemption provided in Section 704.730. The proceeds are exempt for a
period of six months after the time the proceeds are actually
received by the judgment debtor, except that, if a homestead
exemption is applied to other property of the judgment debtor or the
judgment debtor's spouse during that period, the proceeds thereafter
are not exempt.
(c) If the judgment debtor and spouse of the judgment debtor
reside in separate homesteads, only the homestead of one of the
spouses is exempt and only the proceeds of the exempt homestead are
exempt.


704.730. (a) The amount of the homestead exemption is one of the
following:
(1) Fifty thousand dollars ($50,000) unless the judgment debtor or
spouse of the judgment debtor who resides in the homestead is a
person described in paragraph (2) or (3).
(2) Seventy-five thousand dollars ($75,000) if the judgment debtor
or spouse of the judgment debtor who resides in the homestead is at
the time of the attempted sale of the homestead a member of a family
unit, and there is at least one member of the family unit who owns no
interest in the homestead or whose only interest in the homestead is
a community property interest with the judgment debtor.
(3) One hundred fifty thousand dollars ($150,000) if the judgment
debtor or spouse of the judgment debtor who resides in the homestead
is at the time of the attempted sale of the homestead any one of the
following:
(A) A person 65 years of age or older.
(B) A person physically or mentally disabled and as a result of
that disability is unable to engage in substantial gainful
employment. There is a rebuttable presumption affecting the burden
of proof that a person receiving disability insurance benefit
payments under Title II or supplemental security income payments
under Title XVI of the federal Social Security Act satisfies the
requirements of this paragraph as to his or her inability to engage
in substantial gainful employment.
(C) A person 55 years of age or older with a gross annual income
of not more than fifteen thousand dollars ($15,000) or, if the
judgment debtor is married, a gross annual income, including the
gross annual income of the judgment debtor's spouse, of not more than
twenty thousand dollars ($20,000) and the sale is an involuntary
sale.
(b) Notwithstanding any other provision of this section, the
combined homestead exemptions of spouses on the same judgment shall
not exceed the amount specified in paragraph (2) or (3), whichever is
applicable, of subdivision (a), regardless of whether the spouses
are jointly obligated on the judgment and regardless of whether the
homestead consists of community or separate property or both.
Notwithstanding any other provision of this article, if both spouses
are entitled to a homestead exemption, the exemption of proceeds of
the homestead shall be apportioned between the spouses on the basis
of their proportionate interests in the homestead.


704.740. (a) Except as provided in subdivision (b), the interest of
a natural person in a dwelling may not be sold under this division
to enforce a money judgment except pursuant to a court order for sale
obtained under this article and the dwelling exemption shall be
determined under this article.
(b) If the dwelling is personal property or is real property in
which the judgment debtor has a leasehold estate with an unexpired
term of less than two years at the time of levy:
(1) A court order for sale is not required and the procedures
provided in this article relating to the court order for sale do not
apply.
(2) An exemption claim shall be made and determined as provided in
Article 2 (commencing with Section 703.510).

704.750. (a) Promptly after a dwelling is levied upon (other than a
dwelling described in subdivision (b) of Section 704.740), the
levying officer shall serve notice on the judgment creditor that the
levy has been made and that the property will be released unless the
judgment creditor complies with the requirements of this section.
Service shall be made personally or by mail. Within 20 days after
service of the notice, the judgment creditor shall apply to the court
for an order for sale of the dwelling and shall file a copy of the
application with the levying officer. If the judgment creditor does
not file the copy of the application for an order for sale of the
dwelling within the allowed time, the levying officer shall release
the dwelling.
(b) If the dwelling is located in a county other than the county
where the judgment was entered:
(1) The judgment creditor shall apply to the superior court of the
county where the dwelling is located.
(2) The judgment creditor shall file with the application an
abstract of judgment in the form prescribed by Section 674 or, in the
case of a judgment described in Section 697.320, a certified copy of
the judgment.
(3) The judgment creditor shall pay the filing fee for a motion as
provided in subdivision (a) of Section 70617 of the Government Code.

704.760. The judgment creditor's application shall be made under
oath, shall describe the dwelling, and shall contain all of the
following:
(a) A statement whether or not the records of the county tax
assessor indicate that there is a current homeowner's exemption or
disabled veteran's exemption for the dwelling and the person or
persons who claimed any such exemption.
(b) A statement, which may be based on information and belief,
whether the dwelling is a homestead and the amount of the homestead
exemption, if any, and a statement whether or not the records of the
county recorder indicate that a homestead declaration under Article
5 (commencing with Section 704.910) that describes the dwelling has
been recorded by the judgment debtor or the spouse of the judgment
debtor.
(c) A statement of the amount of any liens or encumbrances on the
dwelling, the name of each person having a lien or encumbrance on the
dwelling, and the address of such person used by the county recorder
for the return of the instrument creating such person's lien or
encumbrance after recording.

704.770. (a) Upon the filing of the application by the judgment
creditor, the court shall set a time and place for hearing and order
the judgment debtor to show cause why an order for sale should not be
made in accordance with the application. The time set for hearing
shall be not later than 45 days after the application is filed or
such later time as the court orders upon a showing of good cause.
(b) Not later than 30 days before the time set for hearing, the
judgment creditor shall do both of the following:
(1) Serve on the judgment debtor a copy of the order to show
cause, a copy of the application of the judgment creditor, and a copy
of the notice of the hearing in the form prescribed by the Judicial
Council. Service shall be made personally or by mail.
(2) Personally serve a copy of each document listed in paragraph
(1) on an occupant of the dwelling or, if there is no occupant
present at the time service is attempted, post a copy of each
document in a conspicuous place at the dwelling.

704.780. (a) The burden of proof at the hearing is determined in
the following manner:
(1) If the records of the county tax assessor indicate that there
is a current homeowner's exemption or disabled veteran's exemption
for the dwelling claimed by the judgment debtor or the judgment
debtor's spouse, the judgment creditor has the burden of proof that
the dwelling is not a homestead. If the records of the county tax
assessor indicate that there is not a current homeowner's exemption
or disabled veteran's exemption for the dwelling claimed by the
judgment debtor or the judgment debtor's spouse, the burden of proof
that the dwelling is a homestead is on the person who claims that the
dwelling is a homestead.
(2) If the application states the amount of the homestead
exemption, the person claiming the homestead exemption has the burden
of proof that the amount of the exemption is other than the amount
stated in the application.
(b) The court shall determine whether the dwelling is exempt. If
the court determines that the dwelling is exempt, the court shall
determine the amount of the homestead exemption and the fair market
value of the dwelling. The court shall make an order for sale of the
dwelling subject to the homestead exemption, unless the court
determines that the sale of the dwelling would not be likely to
produce a bid sufficient to satisfy any part of the amount due on the
judgment pursuant to Section 704.800. The order for sale of the
dwelling subject to the homestead exemption shall specify the amount
of the proceeds of the sale that is to be distributed to each person
having a lien or encumbrance on the dwelling and shall include the
name and address of each such person. Subject to the provisions of
this article, the sale is governed by Article 6 (commencing with
Section 701.510) of Chapter 3. If the court determines that the
dwelling is not exempt, the court shall make an order for sale of the
property in the manner provided in Article 6 (commencing with
Section 701.510) of Chapter 3.
(c) The court clerk shall transmit a certified copy of the court
order (1) to the levying officer and (2) if the court making the
order is not the court in which the judgment was entered, to the
clerk of the court in which the judgment was entered.
(d) The court may appoint a qualified appraiser to assist the
court in determining the fair market value of the dwelling. If the
court appoints an appraiser, the court shall fix the compensation of
the appraiser in an amount determined by the court to be reasonable,
not to exceed similar fees for similar services in the community
where the dwelling is located.

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


704.800. (a) If no bid is received at a sale of a homestead
pursuant to a court order for sale that exceeds the amount of the
homestead exemption plus any additional amount necessary to satisfy
all liens and encumbrances on the property, including but not limited
to any attachment or judgment lien, the homestead shall not be sold
and shall be released and is not thereafter subject to a court order
for sale upon subsequent application by the same judgment creditor
for a period of one year.
(b) If no bid is received at the sale of a homestead pursuant to a
court order for sale that is 90 percent or more of the fair market
value determined pursuant to Section 704.780, the homestead shall not
be sold unless the court, upon motion of the judgment creditor, does
one of the following:
(1) Grants permission to accept the highest bid that exceeds the
amount of the minimum bid required by subdivision (a).
(2) Makes a new order for sale of the homestead.

704.810. Levy on a homestead that is subject to a lien or
encumbrance is not by itself grounds for acceleration of the
obligation secured by the lien or encumbrance, notwithstanding any
provision of the obligation, lien, or encumbrance and if the
homestead is sold pursuant to court order under this article the
amount payable to satisfy a lien or encumbrance shall not include any
penalty for prepayment.

704.820. If the dwelling is owned by the judgment debtor as a joint
tenant or tenant in common or if the interest of the judgment debtor
in the dwelling is a leasehold or other interest less than a fee
interest:
(a) At an execution sale of a dwelling, the interest of the
judgment debtor in the dwelling and not the dwelling shall be sold.
If there is more than one judgment debtor of the judgment creditor,
the interests of the judgment debtors in the dwelling shall be sold
together and each of the judgment debtors entitled to a homestead
exemption is entitled to apply his or her exemption to his or her own
interest.
(b) For the purposes of this section, all references in this
article to the "dwelling" or "homestead" are deemed to be references
to the interest of the judgment debtor in the dwelling or homestead.

704.830. The provisions of Sections 703.590 and 703.600 apply to
proceedings under this article.

704.840. (a) Except as provided in subdivision (b), the judgment
creditor is entitled to recover reasonable costs incurred in a
proceeding under this article.
(b) If no bid is received at a sale of a homestead pursuant to a
court order for sale that exceeds the amount of the homestead
exemption plus any additional amount necessary to satisfy all liens
and encumbrances on the property, the judgment creditor is not
entitled to recover costs incurred in a proceeding under this article
or costs of sale.

704.850. (a) The levying officer shall distribute the proceeds of
sale of a homestead in the following order:
(1) To the discharge of all liens and encumbrances, if any, on the
property.
(2) To the judgment debtor in the amount of any applicable
exemption of proceeds pursuant to Section 704.720.
(3) To the levying officer for the reimbursement of the levying
officer's costs for which an advance has not been made.
(4) To the judgment creditor to satisfy the following:
(A) First, costs and interest accruing after issuance of the writ
pursuant to which the sale is conducted.
(B) Second, the amount due on the judgment with costs and
interest, as entered on the writ.
(5) To the judgment debtor in the amount remaining.
(b) Sections 701.820 and 701.830 apply to distribution of proceeds
under this section.


704.910. As used in this article:
(a) "Declared homestead" means the dwelling described in a
homestead declaration.
(b) "Declared homestead owner" includes both of the following:
(1) The owner of an interest in the declared homestead who is
named as a declared homestead owner in a homestead declaration
recorded pursuant to this article.
(2) The declarant named in a declaration of homestead recorded
prior to July 1, 1983, pursuant to former Title 5 (commencing with
Section 1237) of Part 4 of Division 2 of the Civil Code and the
spouse of such declarant.
(c) "Dwelling" means any interest in real property (whether
present or future, vested or contingent, legal or equitable) that is
a "dwelling" as defined in Section 704.710, but does not include a
leasehold estate with an unexpired term of less than two years or the
interest of the beneficiary of a trust.
(d) "Homestead declaration" includes both of the following:
(1) A homestead declaration recorded pursuant to this article.
(2) A declaration of homestead recorded prior to July 1, 1983,
pursuant to former Title 5 (commencing with former Section 1237) of
Part 4 of Division 2 of the Civil Code.
(e) "Spouse" means a "spouse" as defined in Section 704.710.

704.920. A dwelling in which an owner or spouse of an owner resides
may be selected as a declared homestead pursuant to this article by
recording a homestead declaration in the office of the county
recorder of the county where the dwelling is located. From and after
the time of recording, the dwelling is a declared homestead for the
purposes of this article.

704.930. (a) A homestead declaration recorded pursuant to this
article shall contain all of the following:
(1) The name of the declared homestead owner. A husband and wife
both may be named as declared homestead owners in the same homestead
declaration if each owns an interest in the dwelling selected as the
declared homestead.
(2) A description of the declared homestead.
(3) A statement that the declared homestead is the principal
dwelling of the declared homestead owner or such person's spouse, and
that the declared homestead owner or such person's spouse resides in
the declared homestead on the date the homestead declaration is
recorded.
(b) The homestead declaration shall be executed and acknowledged
in the manner of an acknowledgment of a conveyance of real property
by at least one of the following persons:
(1) The declared homestead owner.
(2) The spouse of the declared homestead owner.
(3) The guardian or conservator of the person or estate of either
of the persons listed in paragraph (1) or (2). The guardian or
conservator may execute, acknowledge, and record a homestead
declaration without the need to obtain court authorization.
(4) A person acting under a power of attorney or otherwise
authorized to act on behalf of a person listed in paragraph (1) or
(2).
(c) The homestead declaration shall include a statement that the
facts stated in the homestead declaration are known to be true as of
the personal knowledge of the person executing and acknowledging the
homestead declaration. If the homestead declaration is executed and
acknowledged by a person listed in paragraph (3) or (4) of
subdivision (b), it shall also contain a statement that the person
has authority to so act on behalf of the declared homestead owner or
the spouse of the declared homestead owner and the source of the
person's authority.

704.940. A homestead declaration does not restrict or limit any
right to convey or encumber the declared homestead. A homestead
declaration, when properly recorded, is prima facie evidence of the
facts therein stated, and conclusive evidence thereof in favor of a
purchaser or encumbrancer in good faith and for a valuable
consideration.

704.950. (a) Except as provided in subdivisions (b) and (c), a
judgment lien on real property created pursuant to Article 2
(commencing with Section 697.310) of Chapter 2 does not attach to a
declared homestead if both of the following requirements are
satisfied:
(1) A homestead declaration describing the declared homestead was
recorded prior to the time the abstract or certified copy of the
judgment was recorded to create the judgment lien.
(2) The homestead declaration names the judgment debtor or the
spouse of the judgment debtor as a declared homestead owner.
(b) This section does not apply to a judgment lien created under
Section 697.320 by recording a certified copy of a judgment for
child, family, or spousal support.
(c) A judgment lien attaches to a declared homestead in the amount
of any surplus over the total of the following:
(1) All liens and encumbrances on the declared homestead at the
time the abstract of judgment or certified copy of the judgment is
recorded to create the judgment lien.
(2) The homestead exemption set forth in Section 704.730.

704.960. (a) If a declared homestead is voluntarily sold, the
proceeds of sale are exempt in the amount provided by Section 704.730
for a period of six months after the date of sale.
(b) If the proceeds of a declared homestead are invested in a new
dwelling within six months after the date of a voluntary sale or
within six months after proceeds of an execution sale or of insurance
or other indemnification for damage or destruction are received, the
new dwelling may be selected as a declared homestead by recording a
homestead declaration within the applicable six-month period. In
such case, the homestead declaration has the same effect as if it had
been recorded at the time the prior homestead declaration was
recorded.

704.965. If a homestead declaration is recorded prior to the
operative date of an amendment to Section 704.730 which increases the
amount of the homestead exemption, the amount of the exemption for
the purposes of subdivision (c) of Section 704.950 and Section
704.960 is the increased amount, except that, if the judgment
creditor obtained a lien on the declared homestead prior to the
operative date of the amendment to Section 704.730, the exemption for
the purposes of subdivision (c) of Section 704.950 and Section
704.960 shall be determined as if that amendment to Section 704.730
had not been enacted.

704.970. Whether or not a homestead declaration has been recorded:

(a) Nothing in this article affects the right of levy pursuant to
a writ of execution.
(b) Any levy pursuant to a writ of execution on a dwelling (as
defined in Section 704.710) and the sale pursuant thereto shall be
made in compliance with Article 4 (commencing with Section 704.710)
and the judgment debtor and the judgment creditor shall have all the
rights and benefits provided by that article.


704.980. (a) A declared homestead may be abandoned by a declaration
of abandonment under this section, whether the homestead declaration
was recorded pursuant to this article or pursuant to former Title 5
(commencing with former Section 1237) of Part 4 of Division 2 of the
Civil Code.
(b) A declaration of abandonment shall be executed and
acknowledged in the manner of an acknowledgment of a conveyance of
real property. It shall be executed and acknowledged by a declared
homestead owner or by a person authorized to act on behalf of a
declared homestead owner. If it is executed and acknowledged by a
person authorized to act on behalf of a declared homestead owner, the
declaration shall contain a statement that the person has authority
to act on behalf of the declared homestead owner and the source of
the person's authority.
(c) The declaration of abandonment does not affect the declared
homestead of any person other than the declared homestead owner named
in the declaration of abandonment.

704.990. (a) A declared homestead is abandoned by operation of law
as to a declared homestead owner if the declared homestead owner or a
person authorized to act on behalf of the declared homestead owner
executes, acknowledges, and records a new homestead declaration for
the declared homestead owner on different property. An abandonment
under this subdivision does not affect the declared homestead of any
person other than the declared homestead owner named in the new
homestead declaration.
(b) Notwithstanding subdivision (a), if a homestead declaration is
recorded which includes property described in a previously recorded
homestead declaration, to the extent that the prior homestead
declaration is still valid, the new homestead declaration shall not
be considered an abandonment of the prior declared homestead.

704.995. (a) The protection of the declared homestead from any
creditor having an attachment lien, execution lien, or judgment lien
on the dwelling continues after the death of the declared homestead
owner if, at the time of the death, the dwelling was the principal
dwelling of one or more of the following persons to whom all or part
of the interest of the deceased declared homestead owner passes:
(1) The surviving spouse of the decedent.
(2) A member of the family of the decedent.
(b) The protection of the declared homestead provided by
subdivision (a) continues regardless of whether the decedent was the
sole owner of the declared homestead or owned the declared homestead
with the surviving spouse or a member of the decedent's family and
regardless of whether the surviving spouse or the member of the
decedent's family was a declared homestead owner at the time of the
decedent's death.
(c) The amount of the homestead exemption is determined pursuant
to Section 704.730 depending on the circumstances of the case at the
time the amount is required to be determined.


706.010. This chapter shall be known and may be cited as the "Wage
Garnishment Law."

706.011. As used in this chapter:
(a) "Earnings" means compensation payable by an employer to an
employee for personal services performed by such employee, whether
denominated as wages, salary, commission, bonus, or otherwise.
(b) "Earnings assignment order for support" means an order, made
pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of
Division 9 of the Family Code or Section 3088 of the Probate Code,
which requires an employer to withhold earnings for support.
(c) "Employee" means a public officer and any individual who
performs services subject to the right of the employer to control
both what shall be done and how it shall be done.
(d) "Employer" means a person for whom an individual performs
services as an employee.
(e) "Judgment creditor," as applied to the state, means the
specific state agency seeking to collect a judgment or tax liability.

(f) "Judgment debtor" includes a person from whom the state is
seeking to collect a tax liability under Article 4 (commencing with
Section 706.070), whether or not a judgment has been obtained on such
tax liability.
(g) "Person" includes an individual, a corporation, a partnership
or other unincorporated association, a limited liability company, and
a public entity.

706.020. Except for an earning assignment order for support, the
earnings of an employee shall not be required to be withheld by an
employer for payment of a debt by means of any judicial procedure
other than pursuant to this chapter.


706.021. Notwithstanding any other provision of this title, a levy
of execution upon the earnings of an employee shall be made by
service of an earnings withholding order upon the employer in
accordance with this chapter.


706.022. (a) As used in this section, "withholding period" means
the period which commences on the 10th day after service of an
earnings withholding order upon the employer and which continues
until the earliest of the following dates:
(1) The date the employer has withheld the full amount required
to satisfy the order.
(2) The date of termination specified in a court order served on
the employer.
(3) The date of termination specified in a notice of termination
served on the employer by the levying officer.
(4) The date of termination of a dormant or suspended earnings
withholding order as determined pursuant to Section 706.032.
(b) Except as otherwise provided by statute, an employer shall
withhold the amounts required by an earnings withholding order from
all earnings of the employee payable for any pay period of the
employee which ends during the withholding period.
(c) An employer is not liable for any amounts withheld and paid
over to the levying officer pursuant to an earnings withholding order
prior to service upon the employer pursuant to paragraph (2) or (3)
of subdivision (a).

706.023. Except as otherwise provided in this chapter:
(a) An employer shall comply with the first earnings withholding
order served upon the employer.
(b) If the employer is served with two or more earnings
withholding orders on the same day, the employer shall comply with
the order issued pursuant to the judgment first entered. If two or
more orders served on the same day are based on judgments entered
upon the same day, the employer shall comply with whichever one of
such orders the employer selects.
(c) If an earnings withholding order is served while an employer
is required to comply with another earnings withholding order with
respect to the earnings of the same employee, the subsequent order is
ineffective and the employer shall not withhold earnings pursuant to
the subsequent order.

706.024. (a) The amount required to satisfy an earnings withholding
order is the total amount required to satisfy the writ of execution
on the date the order is issued, with the following additions and
subtractions:
(1) The addition of the statutory fee for service of the order and
any other statutory fees for performing duties under the order.
(2) The addition of costs added to the order pursuant to Section
685.090.
(3) The subtraction of the amount of any partial satisfactions.
(4) The addition of daily interest accruing after issuance of the
order, as adjusted for partial satisfactions.
(b) From time to time the levying officer, in the levying officer'
s discretion, may give written notice to the employer of the amount
required to satisfy the earnings withholding order and the employer
shall determine the total amount to withhold based upon the levying
officer's notice, notwithstanding a different amount stated in the
order originally served on the employer.
(c) If the full amount required to satisfy the earnings
withholding order as stated in the order or in the levying officer's
notice under subdivision (b) is withheld from the judgment debtor's
earnings, interest ceases to accrue on that amount.

706.025. (a) Except as provided in subdivision (b), the amount
required to be withheld pursuant to an earnings withholding order
shall be paid monthly to the levying officer not later than the 15th
day of each month. The initial monthly payment shall include all
amounts required to be withheld from the earnings of the employee
during the preceding calendar month up to the close of the employee's
pay period ending closest to the last day of that month, and
thereafter each monthly payment shall include amounts withheld from
the employee's earnings for services rendered in the interim up to
the close of the employee's pay period ending closest to the last day
of the preceding calendar month.
(b) The employer may elect to pay the amounts withheld to the
levying officer more frequently than monthly. If the employer so
elects, payment of the amount withheld from the employee's earnings
for each pay period shall be made not later than 10 days after the
close of the pay period.

706.026. (a) The levying officer shall receive and account for all
amounts paid by the employer pursuant to Section 706.025 and shall
pay the amounts so received over to the person entitled thereto at
least once every 30 days.
(b) At least once every two years, the levying officer shall file
an account with the court for all amounts collected under the
earnings withholding order, including costs and interest added to the
amount due.

706.027. If the judgment pursuant to which the earnings withholding
order is issued is satisfied before the order otherwise terminates
pursuant to Section 706.022, the judgment creditor shall promptly
notify the levying officer who shall promptly terminate the order by
serving a notice of termination on the employer.


706.028. (a) "Final earnings withholding order for costs and
interest" means an earnings withholding order for the collection only
of unsatisfied costs and interest, which is issued after an earlier
earnings withholding order has been returned satisfied.
(b) After the amount stated as owing in a prior earnings
withholding order is paid, the judgment creditor may obtain a final
earnings withholding order for costs and interest to collect amounts
of costs and interest that were not collected under the prior
earnings withholding order.
(c) A final earnings withholding order for costs and interest
shall be enforced in the same manner as other earnings withholding
orders.
(d) Satisfaction of the amount stated as owing in a final earnings
withholding order for costs and interest is equivalent to
satisfaction of the money judgment. For this purpose, interest
ceases to accrue on the date of issuance of the final earnings
withholding order and no additional costs may be added after that
date, except for the statutory fee for service of the order and any
other statutory fees for performing duties under the order.


706.029. Service of an earnings withholding order creates a lien
upon the earnings of the judgment debtor that are required to be
withheld pursuant to the order and upon all property of the employer
subject to the enforcement of a money judgment in the amount required
to be withheld pursuant to such order. The lien continues for a
period of one year from the date the earnings of the judgment debtor
become payable unless the amount required to be withheld pursuant to
the order is paid as required by law.

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

(7) Earnings withheld pursuant to an earnings withholding order
for support shall be credited toward satisfaction of a support
judgment as specified in Section 695.221.

706.031. (a) Nothing in this chapter affects an earnings assignment
order for support.
(b) An earnings assignment order for support shall be given
priority over any earnings withholding order. An employer upon whom
an earnings assignment order for support is served shall withhold and
pay over the earnings of the employee pursuant to the assignment
order notwithstanding the requirements of any earnings withholding
order. When an employer is required to cease withholding earnings
pursuant to an earnings withholding order, the employer shall notify
the levying officer who served the earnings withholding order that a
supervening earnings assignment order for support is in effect.
(c) Subject to subdivisions (b), (d), and (e), an employer shall
withhold earnings of an employee pursuant to both an earnings
assignment order for support and an earnings withholding order.
(d) The employer shall withhold pursuant to an earnings
withholding order only to the extent that the sum of the amount
withheld pursuant to any earnings assignment order for support and
the amount withheld pursuant to the earnings withholding order does
not exceed the amount that may be withheld under Article 3
(commencing with Section 706.050).
(e) The employer shall withhold pursuant to an earnings
withholding order for taxes only to the extent that the sum of the
amount withheld pursuant to any earnings assignment order for support
and the amount withheld pursuant to the earnings withholding order
for taxes does not exceed the amount that may be withheld under
Article 4 (commencing with Section 706.070).

706.032. (a) Except as otherwise provided by statute:
(1) If withholding under an earnings withholding order ceases
because the judgment debtor's employment has terminated, the earnings
withholding order terminates at the conclusion of a continuous
180-day period during which no amounts are withheld under the order.

(2) If withholding under an earnings withholding order ceases
because the judgment debtor's earnings are subject to an order or
assignment with higher priority, the earnings withholding order
terminates at the conclusion of a continuous two-year period during
which no amounts are withheld under the order.
(b) If an earnings withholding order has terminated pursuant to
subdivision (a), the employer shall return the order to the levying
officer along with a statement of the reasons for returning the
order.


706.033. If the writ is returned before the earnings withholding
order terminates, on termination of the earnings withholding order
the levying officer shall make a supplemental return on the writ.
The supplemental return shall contain the same information as an
original return pursuant to Section 699.560.

706.034. The employer may deduct from the earnings of the employee
the sum of one dollar and fifty cents ($1.50) for each payment made
in accordance with an earnings withholding order issued pursuant to
this chapter.

706.050. Except as otherwise provided in this chapter, the amount
of earnings of a judgment debtor exempt from the levy of an earnings
withholding order shall be that amount that may not be withheld from
the judgment debtor's earnings under federal law in Section 1673(a)
of Title 15 of the United States Code.


706.051. (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the judgment
debtor.
(b) Except as provided in subdivision (c), the portion of the
judgment debtor's earnings which the judgment debtor proves is
necessary for the support of the judgment debtor or the judgment
debtor's family supported in whole or in part by the judgment debtor
is exempt from levy under this chapter.
(c) The exemption provided in subdivision (b) is not available if
any of the following exceptions applies:
(1) The debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.
(2) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section
706.030.
(4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).

706.052. (a) Except as provided in subdivision (b), one-half of the
disposable earnings (as defined by Section 1672 of Title 15 of the
United States Code) of the judgment debtor, plus any amount withheld
from the judgment debtor's earnings pursuant to any earnings
assignment order for support, is exempt from levy under this chapter
where the earnings withholding order is a withholding order for
support under Section 706.030.
(b) Except as provided in subdivision (c), upon motion of any
interested party, the court shall make an equitable division of the
judgment debtor's earnings that takes into account the needs of all
the persons the judgment debtor is required to support and shall
effectuate such division by an order determining the amount to be
withheld from the judgment debtor's earnings pursuant to the
withholding order for support.
(c) An order made under subdivision (b) may not authorize the
withholding of an amount in excess of the amount that may be withheld
for support under federal law under Section 1673 of Title 15 of the
United States Code.


706.070. As used in this article:
(a) "State" means the State of California and includes any
officer, department, board, or agency thereof.
(b) "State tax liability" means an amount for which the state has
a state tax lien as defined in Section 7162 of the Government Code
excluding a state tax lien created pursuant to the Fish and Game
Code.

706.071. This chapter does not limit the state's right to collect a
state tax liability except that (a) no levy upon earnings of an
employee held by an employer is effective unless such levy is made in
accordance with the provisions of this chapter and (b) other methods
of collection may not be used to require an employer to withhold
earnings of an employee in payment of a state tax liability.

706.072. (a) A "withholding order for taxes" is an earnings
withholding order issued pursuant to this article to collect a state
tax liability and shall be denoted as a withholding order for taxes
on its face.
(b) A withholding order for taxes may only be issued under one of
the following circumstances:
(1) The existence of the state tax liability appears on the face
of the taxpayer's return, including a case where such tax liability
is disclosed from the taxpayer's return after errors in mathematical
computations in the return have been corrected.
(2) The state tax liability has been assessed or determined as
provided by statute and the taxpayer had notice of the proposed
assessment or determination and had available an opportunity to have
the proposed assessment or determination reviewed by appropriate
administrative procedures. If the taxpayer makes a timely request
for review of the assessment or determination, the state shall not
issue a withholding order for taxes until the administrative review
procedure is completed. If the taxpayer is given notice of the
proposed assessment or determination but does not make a timely
request for review, the state may issue a withholding order for
taxes.
(c) In any case where a state tax liability has been assessed or
determined prior to July 1, 1983, and the state determines that the
requirement of subdivision (b) may not have been satisfied, the state
may send a "Notice of Proposed Issuance of Withholding Order for
Taxes" to the taxpayer at the taxpayer's last known address by
first-class mail, postage prepaid. The notice shall advise the
taxpayer that the taxpayer may have the assessment or determination
reviewed by appropriate administrative procedures and state how such
a review may be obtained. If the taxpayer is sent such a notice and
requests such a review within 30 days from the date the notice was
mailed to the taxpayer, the state shall provide appropriate
administrative procedures for review of the assessment or
determination and shall not issue the withholding order for taxes
until the administrative review procedure is completed. If the
taxpayer is sent such a notice and does not request such a review
within 30 days from the date the notice was mailed to the taxpayer,
the state may issue the withholding order for taxes.
(d) A withholding order for taxes may be issued whether or not the
state tax liability has been reduced to judgment.

706.073. Except as otherwise provided in this article, the
provisions of this chapter govern the procedures and proceedings
concerning a withholding order for taxes. For the purposes of this
article, a reference in this chapter to a "levying officer" shall be
deemed to mean the specific state agency seeking to collect a state
tax liability under this article.

706.074. (a) The state may itself issue a withholding order for
taxes under this section to collect a state tax liability. The order
shall specify the total amount required to be withheld pursuant to
the order (unpaid tax liability including any penalties, accrued
interest, and costs).
(b) Unless a lesser amount is specified in the order, the amount
to be withheld by the employer each pay period pursuant to an order
issued under this section is the amount required to be withheld under
Section 1673(a) of Title 15 of the United States Code, and is not
subject to the exception provided in Section 1673(b) of Title 15 of
the United States Code.

706.075. (a) This section applies to any withholding order for
taxes issued under this article.
(b) Together with the withholding order for taxes, the state shall
serve upon the employer an additional copy of the order and a notice
informing the taxpayer of the effect of the order and of his right
to hearings and remedies provided in this chapter. Within 10 days
from the date of service, the employer shall deliver to the taxpayer
a copy of the order and the notice, except that immediate delivery
shall be made where a jeopardy withholding order for taxes has been
served. If the taxpayer is no longer employed by the employer and
the employer does not owe the taxpayer any earnings, the employer is
not required to make such delivery.
(c) The state shall provide for an administrative hearing to
reconsider or modify the amount to be withheld pursuant to the
withholding order for taxes, and the taxpayer may request such a
hearing at any time after service of the order. If the taxpayer
requests a hearing, the hearing shall be provided, and the matter
shall be determined, within 15 days after the request is received by
the state. The determination of the amount to be withheld is subject
to the standard provided in subdivision (b) of Section 706.051.
Judicial review of the determination made pursuant to this
subdivision by the state may be had only if a petition for a writ of
mandate pursuant to Section 1094.5 is filed within 90 days from the
date that written notice of the state's determination was delivered
or mailed to the taxpayer.
(d) The employer is not subject to any civil liability for failure
to comply with subdivision (b). Nothing in this subdivision limits
the power of a court to hold the employer in contempt of court for
failure to comply with subdivision (b).

706.076. (a) A withholding order for taxes may be issued pursuant
to this section requiring the employer of the taxpayer to withhold an
amount in excess of the amount that may be required to be withheld
pursuant to an order issued under Section 706.074.
(b) The state may, at any time, apply to a court of record in the
county where the taxpayer was last known to reside for the issuance
of a withholding order for taxes under this section to collect a
state tax liability.
(c) The application for the order shall include a statement under
oath that the state has served upon the taxpayer both of the
following:
(1) A copy of the application.
(2) A notice informing the taxpayer of the purpose of the
application and the right of the taxpayer to appear at the court
hearing on the application.
(d) Upon the filing of the application, the court shall
immediately set the matter for hearing and the court clerk shall send
a notice of the time and place of the hearing by first-class mail,
postage prepaid, to the state and the taxpayer. The notice shall be
deposited in the mail at least 10 days before the day set for the
hearing.
(e) After hearing, the court shall issue a withholding order for
taxes which shall require the taxpayer's employer to withhold and pay
over all earnings of the taxpayer other than that amount which the
taxpayer proves is exempt under subdivision (b) of Section 706.051,
but in no event shall the amount to be withheld be less than that
permitted to be withheld under Section 706.050.
(f) The state may issue a temporary earnings holding order, which
shall be denoted as such on its face, in any case where the state
intends to apply for a withholding order for taxes under this section
and has determined that the collection of the state tax liability
will be jeopardized in whole or in part if the temporary earnings
holding order is not issued. The temporary earnings holding order
shall be directed to the taxpayer's employer and shall require the
employer to retain in the employer's possession or under the employer'
s control all or such portion of the earnings of the taxpayer then or
thereafter due as is specified in the order. Together with the
temporary earnings holding order, the state shall serve upon the
employer an additional copy of the order and a notice informing the
taxpayer of the effect of the order and of the right to the remedies
provided in this chapter. Upon receipt of the order, the employer
shall deliver to the taxpayer a copy of the order and notice. If the
taxpayer is no longer employed by the employer and the employer does
not owe the taxpayer any earnings, the employer is not required to
make such delivery. The temporary earnings holding order expires 15
days from the date it is served on the employer unless it is extended
by the court on ex parte application for good cause shown. If a
temporary earnings holding order is served on an employer, the state
may not thereafter, for a period of six months, serve on the same
employer another temporary earnings holding order for the same
employee unless the court for good cause shown otherwise orders.
Sections 706.153 and 706.154 apply to temporary earnings holding
orders issued under this section.


706.077. (a) Subject to subdivision (b), an employer upon whom a
withholding order for taxes is served shall withhold and pay over
earnings of the employee pursuant to such order and shall cease to
withhold earnings pursuant to any prior earnings withholding order
except that a withholding order for support shall be given priority
as provided in Section 706.030. When an employer is required to
cease withholding earnings pursuant to an earlier earnings
withholding order, the employer shall notify the levying officer who
served the earlier earnings withholding order that a supervening
withholding order for taxes is in effect.
(b) An employer shall not withhold earnings of an employee
pursuant to a withholding order for taxes if a prior withholding
order for taxes is in effect, and, in such case, the subsequent
withholding order for taxes is ineffective.

706.078. (a) Except as provided in subdivision (b), the employer
shall not withhold pursuant to a withholding order for taxes from
earnings of the employee payable for any pay period of such employee
that ends prior to the 10th day after service of the order.
(b) A "jeopardy withholding order for taxes," which shall be
denoted as such on its face, is a withholding order for taxes that
requires that the employer withhold pursuant to the order from
earnings due to the employee at the time of service of the order on
the employer and from earnings thereafter due. A jeopardy
withholding order for taxes may be issued only where the state has
determined that the collection of a state tax liability will be
jeopardized in whole or in part by delaying the time when withholding
from earnings commences.
(c) An employer shall continue to withhold pursuant to a
withholding order for taxes until the amount specified in the order
has been paid in full or the order is withdrawn, except that the
order automatically terminates one year after the employment of the
employee by the employer terminates. The state shall promptly serve
on the employer a notice terminating the withholding order for taxes
if the state tax liability for which the withholding order for taxes
was issued is satisfied before the employer has withheld the full
amount specified in the order, and the employer shall discontinue
withholding in compliance with such notice.

706.080. Service of a withholding order for taxes or of any other
notice or document required under this chapter in connection with a
withholding order for taxes may be made by the state by first-class
mail, postage prepaid, or by any authorized state employee. Service
of a withholding order for taxes is complete when it is received by
the employer or a person described in paragraph (1) or (2) of
subdivision (a) of Section 706.101. Service of, or the providing of,
any other notice or document required to be served or provided under
this chapter in connection with a withholding order for taxes is
complete when the notice or document is deposited in the mail
addressed to the last known address of the person on whom it is
served or to whom it is to be provided.

706.081. Except for the forms referred to in Section 706.076, the
state shall prescribe the form of any order, notice, or other
document required by this chapter in connection with a withholding
order for taxes notwithstanding Sections 706.100 and 706.120, and any
form so prescribed is deemed to comply with this chapter.


706.082. No review of the taxpayer's tax liability shall be
permitted in any court proceedings under this chapter.

706.084. Where a warrant, notice of levy, or notice or order to
withhold is served on the employer to enforce a state tax liability
of a person who is an employee of that employer, it shall be deemed
to be a withholding order for taxes as to any earnings that are
subject to the provisions of this chapter if both of the following
requirements are satisfied:
(a) The form provides notice on its face that it is to be treated
as a withholding order for taxes as to any earnings that are subject
to the provisions of this chapter.
(b) The form provides all the information provided in a
withholding order for taxes.

706.100. Notwithstanding any other provision of law, the Judicial
Council may provide by rule for the practice and procedure in
proceedings under this chapter except for the state's administrative
hearings provided by Article 4 (commencing with Section 706.070).


706.101. (a) An earnings withholding order shall be served by the
levying officer upon the employer by delivery of the order to any of
the following:
(1) The managing agent or person in charge, at the time of
service, of the branch or office where the employee works or the
office from which the employee is paid. In the case of a state
employee, the office from which the employee is paid does not include
the Controller's office unless the employee works directly for the
Controller's office.
(2) Any person to whom a copy of the summons and of the complaint
may be delivered to make service on the employer under Article 4
(commencing with Section 416.10) of Chapter 4 of Title 5.
(b) Service of an earnings withholding order shall be made by
personal delivery as provided in Section 415.10 or 415.20 or by
delivery by registered or certified mail, postage prepaid, with
return receipt requested. When service is made by mail, service is
complete at the time the return receipt is executed by or on behalf
of the recipient. If the levying officer attempts service by mail
under this subdivision and does not receive a return receipt within
15 days from the date of deposit in the mail of the earnings
withholding order, the levying officer shall make service as provided
in Article 3 (commencing with Section 415.10) of Chapter 4 of Title
5.
(c) The state may issue an earnings withholding order directly,
without the use of a levying officer, for purposes of collecting
overpayments of unemployment compensation or disability benefits
pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of
Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2
of Part 2 of, Division 1 of the Unemployment Insurance Code. The
earnings withholding order shall be served by registered or certified
mail, postage prepaid, with return receipt requested. Service is
deemed complete at the time the return receipt is executed by, or on
behalf of, the recipient. If the state does not receive a return
receipt within 15 days from the date of deposit in the mail of the
withholding order, the state shall refer the earnings withholding
order to a levying officer for service in accordance with subdivision
(b).
(d) Except as provided in subdivision (b) or (c), service of any
notice or document under this chapter may be made by first-class
mail, postage prepaid. If service is made on the employer after the
employer's return has been received by the levying officer, the
service shall be made by first-class mail, postage prepaid, on the
person designated in the employer's return to receive notices and at
the address indicated in the employer's return, whether or not that
address is within the county. This subdivision does not preclude
service by personal delivery (1) on the employer before the employer'
s return has been received by the levying officer or (2) on the
person designated in the employer's return after its receipt.
(e) Notwithstanding subdivision (b), if the judgment creditor so
requests, the levying officer shall make service of the earnings
withholding order by personal delivery as provided in Section 415.10
or 415.20.


706.102. (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may apply for
the issuance of an earnings withholding order by filing an
application with a levying officer in such county who shall promptly
issue an earnings withholding order.
(b) This section does not apply where the earnings withholding
order is a withholding order for taxes.

706.103. (a) The levying officer shall serve upon the designated
employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to employee of earnings withholding order.
(b) At the time the levying officer makes service pursuant to
subdivision (a), the levying officer shall provide the employer with
a copy of the employer's instructions referred to in Section 706.127.
The Judicial Council may adopt rules prescribing the circumstances
when compliance with this subdivision is not required.
(c) No earnings withholding order shall be served upon the
employer after the time specified in subdivision (b) of Section
699.530.

706.104. Any employer who is served with an earnings withholding
order shall:
(a) Deliver to the judgment debtor a copy of the earnings
withholding order and the notice to employee of earnings withholding
within 10 days from the date of service. If the judgment debtor is
no longer employed by the employer and the employer does not owe the
employee any earnings, the employer is not required to make such
delivery. The employer is not subject to any civil liability for
failure to comply with this subdivision. Nothing in this subdivision
limits the power of a court to hold the employer in contempt of
court for failure to comply with this subdivision.
(b) Complete the employer's return on the form provided by the
levying officer and mail it by first-class mail, postage prepaid, to
the levying officer within 15 days from the date of service. If the
earnings withholding order is ineffective, the employer shall state
in the employer's return that the order will not be complied with for
this reason and shall return the order to the levying officer with
the employer's return.


706.105. (a) A judgment debtor may claim an exemption under Section
706.051 under either of the following circumstances:
(1) No prior hearing has been held with respect to the earnings
withholding order.
(2) There has been a material change in circumstances since the
time of the last prior hearing on the earnings withholding order.
(b) A claim of exemption shall be made by filing with the levying
officer an original and one copy of (1) the judgment debtor's claim
of exemption and (2) the judgment debtor's financial statement.
(c) Upon filing of the claim of exemption, the levying officer
shall promptly send to the judgment creditor, at the address stated
in the application for the earnings withholding order, by first-class
mail, postage prepaid, all of the following:
(1) A copy of the claim of exemption.
(2) A copy of the financial statement.
(3) A notice of claim of exemption. The notice shall state that
the claim of exemption has been filed and that the earnings
withholding order will be terminated, or modified to reflect the
amount of earnings claimed to be exempt in the claim of exemption,
unless a notice of opposition to the claim of exemption is filed with
the levying officer by the judgment creditor within 10 days after
the date of the mailing of the notice of claim of exemption.
(d) A judgment creditor who desires to contest a claim of
exemption shall, within 10 days after the date of the mailing of the
notice of claim of exemption, file with the levying officer a notice
of opposition to the claim of exemption.
(e) If a notice of opposition to the claim of exemption is filed
with the levying officer within the 10-day period, the judgment
creditor is entitled to a hearing on the claim of exemption. If the
judgment creditor desires a hearing on the claim of exemption, the
judgment creditor shall file a notice of motion for an order
determining the claim of exemption with the court within 10 days
after the date the levying officer mailed the notice of claim of
exemption. If the notice of motion is so filed, the hearing on the
motion shall be held not later than 30 days from the date the notice
of motion was filed unless continued by the court for good cause. At
the time prescribed by subdivision (b) of Section 1005, the judgment
creditor shall give written notice of the hearing to the levying
officer and shall serve a notice of the hearing and a copy of the
notice of opposition to the claim of exemption on the judgment debtor
and, if the claim of exemption so requested, on the attorney for the
judgment debtor. Service is deemed made when the notice of the
hearing and a copy of the notice of opposition to the claim of
exemption are deposited in the mail, postage prepaid, addressed to
the judgment debtor at the address stated in the claim of exemption
and, if service on the attorney for the judgment debtor was requested
in the claim of exemption, to the attorney at the address stated in
the claim of exemption. The judgment creditor shall file proof of
the service with the court. After receiving the notice of the
hearing and before the date set for the hearing, the levying officer
shall file the claim of exemption and the notice of opposition to the
claim of exemption with the court.
(f) If the levying officer does not receive a notice of opposition
to the claim of exemption within the 10-day period after the date of
mailing of the notice of claim of exemption and a notice of the
hearing not later than 10 days after the filing of the notice of
opposition to the claim of exemption, the levying officer shall serve
on the employer one of the following:
(1) A notice that the earnings withholding order has been
terminated if all of the judgment debtor's earnings were claimed to
be exempt.
(2) A modified earnings withholding order that reflects the amount
of earnings claimed to be exempt in the claim of exemption if only a
portion of the judgment debtor's earnings was claimed to be exempt.

(g) If, after hearing, the court orders that the earnings
withholding order be modified or terminated, the clerk shall promptly
transmit a certified copy of the order to the levying officer who
shall promptly serve on the employer of the judgment debtor (1) a
copy of the modified earnings withholding order or (2) a notice that
the earnings withholding order has been terminated. The court may
order that the earnings withholding order be terminated as of a date
that precedes the date of hearing. If the court determines that any
amount withheld pursuant to the earnings withholding order shall be
paid to the judgment debtor, the court shall make an order directing
the person who holds that amount to pay it promptly to the judgment
debtor.
(h) If the earnings withholding order is terminated by the court,
unless the court otherwise orders or unless there is a material
change of circumstances since the time of the last prior hearing on
the earnings withholding order, the judgment creditor may not apply
for another earnings withholding order directed to the same employer
with respect to the same judgment debtor for a period of 100 days
following the date of service of the earnings withholding order or 60
days after the date of the termination of the order, whichever is
later.
(i) If an employer has withheld and paid over amounts pursuant to
an earnings withholding order after the date of termination of the
order but prior to the receipt of notice of its termination, the
judgment debtor may recover those amounts only from the levying
officer if the levying officer still holds those amounts or, if
those amounts have been paid over to the judgment creditor, from the
judgment creditor. If the employer has withheld amounts pursuant to
an earnings withholding order after termination of the order but has
not paid over those amounts to the levying officer, the employer
shall promptly pay those amounts to the judgment debtor.
(j) An appeal lies from any court order under this section denying
a claim of exemption or modifying or terminating an earnings
withholding order. An appeal by the judgment creditor from an order
modifying or terminating the earnings withholding order does not stay
the order from which the appeal is taken. Notwithstanding the
appeal, until the order modifying or terminating the earnings
withholding order is set aside or modified, the order allowing the
claim of exemption in whole or in part shall be given the same
effect as if the appeal had not been taken.
(k) This section does not apply to a withholding order for support
or a withholding order for taxes.

706.106. No findings are required in court proceedings under this
chapter.


706.108. (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may deliver an
application for issuance of an earnings withholding order to a
registered process server who may then issue an earnings withholding
order.
(b) If the registered process server has issued the earnings
withholding order, the registered process server, before serving the
earnings withholding order, shall deposit with the levying officer a
copy of the writ of execution, the application for issuance of an
earnings withholding order, and a copy of the earnings withholding
order, and shall pay the fee provided by Section 26750 of the
Government Code.
(c) A registered process server may serve an earnings withholding
order on an employer whether the earnings withholding order was
issued by a levying officer or by a registered process server, but no
earnings withholding order may be served after the time specified in
subdivision (b) of Section 699.530. In performing this function,
the registered process server shall serve upon the designated
employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to the employee of the earnings withholding order.

(4) A copy of the employer's instructions referred to in Section
706.127, except as otherwise prescribed in rules adopted by the
Judicial Council.
(d) Within five days after service under this section, all of the
following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of
the levying officer.
(2) Proof of service on the employer of the papers listed in
subdivision (c).
(3) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code
has been paid, the levying officer shall perform all other duties
required by this chapter as if the levying officer had served the
earnings withholding order. If the registered process server does
not comply with subdivisions (b), where applicable, and (d), the
service of the earnings withholding order is ineffective and the
levying officer is not required to perform any duties under the order
and may terminate the order and may release any withheld earnings to
the judgment debtor.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.


706.109. An earnings withholding order may not be issued against
the earnings of the spouse of the judgment debtor except by court
order upon noticed motion.


706.120. Except as provided in Section 706.081, the Judicial
Council shall prescribe the form of the applications, notices, claims
of exemption, orders, and other documents required by this chapter
as provided in Section 681.030, and only such forms may be used to
implement this chapter.

706.121. The "application for issuance of earnings withholding
order" shall be executed under oath and shall include all of the
following:
(a) The name, the last known address, and, if known, the social
security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The court where the judgment was entered and the date the
judgment was entered.
(d) The date of issuance of a writ of execution to the county
where the earnings withholding order is sought.
(e) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(f) The name and address of the employer to whom the order will be
directed.
(g) The name and address of the person to whom the withheld money
is to be paid by the levying officer.

706.122. The "notice to employee of earnings withholding order"
shall contain a statement that informs the employee in simple terms
of the nature of a wage garnishment, the right to an exemption, the
procedure for claiming an exemption, and any other information the
Judicial Council determines would be useful to the employee and
appropriate for inclusion in the notice, including all of the
following:
(a) The named employer has been ordered to withhold from the
earnings of the judgment debtor the amounts required to be withheld
under Section 706.050, or such other amounts as are specified in the
earnings withholding order, and to pay these amounts over to the
levying officer for transmittal to the person specified in the order
in payment of the judgment described in the order.
(b) The manner of computing the amounts required to be withheld
pursuant to Section 706.050.
(c) The judgment debtor may be able to keep more or all of the
judgment debtor's earnings if the judgment debtor proves that the
additional earnings are necessary for the support of the judgment
debtor or the judgment debtor's family supported in whole or in part
by the judgment debtor.
(d) If the judgment debtor wishes a court hearing to prove that
amounts should not be withheld from the judgment debtor's earnings
because they are necessary for the support of the judgment debtor or
the judgment debtor's family supported in whole or in part by the
judgment debtor, the judgment debtor shall file with the levying
officer an original and one copy of the "judgment debtor's claim of
exemption" and an original and one copy of the "judgment debtor's
financial statement." The notice shall also advise the judgment
debtor that the claim of exemption form and the financial statement
form may be obtained without charge at the office of the levying
officer.

706.123. The "judgment debtor's claim of exemption" shall be
executed under oath. The claim of exemption shall indicate how much
the judgment debtor believes should be withheld from the judgment
debtor's earnings each pay period by the employer pursuant to the
earnings withholding order and shall state the judgment debtor's
present mailing address.

706.124. The "judgment debtor's financial statement" shall be
executed as provided in Section 703.530 and contain all of the
information required by that section and the following additional
information:
(a) Whether any earnings withholding orders are in effect with
respect to the earnings of the judgment debtor or the spouse or
dependents of the judgment debtor.
(b) Whether any earnings assignment orders for support are in
effect with respect to the earnings of the judgment debtor or the
spouse or dependents of the judgment debtor.

706.125. The "earnings withholding order" shall include all of the
following:
(a) The name, address, and, if known, the social security number
of the judgment debtor.
(b) The name and address of the employer to whom the order is
directed.
(c) The court where the judgment was entered, the date the
judgment was entered, and the name of the judgment creditor.
(d) The date of issuance of the writ of execution to the county
where the earnings withholding order is sought.
(e) The total amount required to satisfy the order on the date of
issuance (which may not exceed the amount required to satisfy the
writ of execution on the date of issuance of the order plus the
levying officer's statutory fee for service of the order).
(f) A description of the withholding period and an order to the
employer to withhold from the earnings of the judgment debtor for
each pay period the amount required to be withheld under Section
706.050 or the amount specified in the order subject to Section
706.024, as the case may be, for the pay periods ending during the
withholding period.
(g) An order to the employer to pay over to the levying officer at
a specified address the amount required to be withheld and paid over
pursuant to the order in the manner and within the times provided by
law.
(h) An order that the employer fill out the "employer's return"
and return it by first-class mail, postage prepaid, to the levying
officer at a specified address within 15 days after service of the
earnings withholding order.
(i) An order that the employer deliver to the judgment debtor a
copy of the earnings withholding order and the "notice to employee of
earnings withholding order" within 10 days after service of the
earnings withholding order; but, if the judgment debtor is no longer
employed by the employer and the employer does not owe the employee
any earnings, the employer is not required to make such delivery.
(j) The name and address of the levying officer.


706.126. (a) The "employer's return" shall be executed under oath.
The form for the return provided to the employer shall state all of
the following information:
(1) The name and address of the levying officer to whom the form
is to be returned.
(2) A direction that the form be mailed to the levying officer by
first-class mail, postage prepaid, no later than 15 days after the
date of service of the earnings withholding order.
(3) The name, the address, and, if known, the social security
number of the judgment debtor.
(b) In addition, the employer's return form shall require the
employer to supply all of the following information:
(1) The date the earnings withholding order was served on the
employer.
(2) Whether the judgment debtor is employed by the employer or
whether the employer otherwise owes earnings to the employee.
(3) If the judgment debtor is employed by the employer or the
employer otherwise owes earnings to the employee, the amount of the
employee's earnings for the last pay period and the length of this
pay period.
(4) Whether the employer was required on the date of service to
comply with an earlier earnings withholding order and, if so, the
name of the judgment creditor who secured the earlier order, the
levying officer who served such order, the date it was issued, the
date it was served, the expiration date of such order, and which of
the earnings withholding orders the employer is required to comply
with under the applicable statutory rules concerning the priority of
such orders.
(5) Whether the employer was required on the date of service to
comply with an earnings assignment order for support and, if so, the
court which issued such assignment order and the date it was issued
and any other information the Judicial Council determines is needed
to identify the order.
(6) The name and address of the person to whom notices to the
employer are to be sent.

706.127. (a) The Judicial Council shall prepare "employer's
instructions" for employers and revise or supplement these
instructions to reflect changes in the law or rules regulating the
withholding of earnings.
(b) Except to the extent that they are included in the forms
required to be provided by the employer to the levying officer, the
Judicial Council shall publish and provide to the levying officers
copies of the employer's instructions.

706.128. The "judgment creditor's notice of opposition to the claim
of exemption" shall be executed under oath and shall include all of
the following:
(a) The name, last known address, and, if known, the social
security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The date of mailing of the notice of claim of exemption.
(d) The amount of the judgment debtor's claim of exemption which
the judgment creditor claims is not exempt.
(e) The factual and legal grounds for the judgment creditor's
opposition to the claim of exemption.

706.129. The levying officer shall have copies of the forms for the
"judgment debtor's claim of exemption" and "judgment debtor's
financial statement" available at the levying officer's office for
distribution without charge to a person who desires to make a claim
of exemption under Section 706.051.

706.151. The Judicial Council may perform all acts required by the
Administrator of the Wage and Hour Division of the United States
Department of Labor as conditions to exemption of this state from the
earnings garnishment provisions of the Consumer Credit Protection
Act of 1968 (15 U.S.C. Secs. 1671 -1677), including, but not limited
to:
(a) Representing and acting on behalf of the state in relation to
the Administrator of the Wage and Hour Division and the administrator'
s representatives with regard to any matter relating to, or arising
out of, the application, interpretation, and enforcement of the laws
of this state regulating withholding of earnings.
(b) Submitting to the Administrator of the Wage and Hour Division
in duplicate and on a current basis, a certified copy of every
statute of this state affecting earnings withholding, and a certified
copy of any decision in any case involving any of those statutes,
made by the Supreme Court of this state.
(c) Submitting to the Administrator of the Wage and Hour Division
any information relating to the enforcement of earnings withholding
laws of this state which the administrator may request.

706.152. If an employer withholds earnings pursuant to this chapter
and, with the intent to defraud either the judgment creditor or the
judgment debtor, fails to pay such withheld earnings over to the
levying officer, the employer is guilty of a misdemeanor.

706.153. (a) No employer shall defer or accelerate any payment of
earnings to an employee with the intent to defeat or diminish the
judgment creditor's rights under an earnings withholding order issued
pursuant to the procedures provided by this chapter.
(b) If an employer violates this section, the judgment creditor
may bring a civil action against the employer to recover the amount
that would have been withheld and paid over pursuant to this chapter
had the employer not violated this section. The remedy provided by
this subdivision is not exclusive.

706.154. (a) If an employer fails to withhold or to pay over the
amount the employer is required to withhold and pay over pursuant to
this chapter, the judgment creditor may bring a civil action against
the employer to recover such amount. The remedy provided by this
subdivision is not exclusive.
(b) Notwithstanding subdivision (a), an employer who complies with
any written order or written notice which purports to be given or
served in accordance with the provisions of this chapter is not
subject to any civil or criminal liability for such compliance unless
the employer has actively participated in a fraud.

708.010. (a) Except as provided in this section and in subdivision
(b) of Section 708.020, the procedure in this article may be used at
any time a money judgment is enforceable.
(b) If enforcement of the judgment is stayed on appeal by the
giving of a sufficient undertaking under Chapter 2 (commencing with
Section 916) of Title 13, all proceedings under this article are
stayed. In any other case where the enforcement of the judgment is
stayed, all proceedings under this article are stayed unless the
court otherwise expressly orders.


708.020. (a) The judgment creditor may propound written
interrogatories to the judgment debtor, in the manner provided in
Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4,
requesting information to aid in enforcement of the money judgment.
The judgment debtor shall answer the interrogatories in the manner
and within the time provided by Chapter 13 (commencing with Section
2030.010) of Title 4 of Part 4.
(b) The judgment creditor may not serve interrogatories pursuant
to this section within 120 days after the judgment debtor has
responded to interrogatories previously served pursuant to this
section or within 120 days after the judgment debtor has been
examined pursuant to Article 2 (commencing with Section 708.110), and
the judgment debtor is not required to respond to any
interrogatories so served.
(c) Interrogatories served pursuant to this section may be
enforced, to the extent practicable, in the same manner as
interrogatories in a civil action.
(d) The limitation provided by Chapter 13 (commencing with Section
2030.010) of Title 4 of Part 4 on the number of interrogatories that
may be propounded applies to each set of interrogatories propounded
from time to time pursuant to this section, but does not apply
cumulatively to interrogatories propounded by the judgment creditor
to the judgment debtor.


708.030. (a) The judgment creditor may demand that any judgment
debtor produce and permit the party making the demand, or someone
acting on that party's behalf, to inspect and to copy a document that
is in the possession, custody, or control of the party on whom the
demand is made in the manner provided in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4, if the demand requests
information to aid in enforcement of the money judgment. The
judgment debtor shall respond and comply with the demand in the
manner and within the time provided by Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4.
(b) The judgment creditor may not serve interrogatories or
inspection demands pursuant to this section or Section 708.020 within
120 days after the judgment debtor has responded to the
interrogatories or demands previously served pursuant to this section
or Section 708.020, or within 120 days after the judgment debtor has
been examined pursuant to Article 2 (commencing with Section
708.110), and the judgment debtor is not required to respond to any
discovery so served.
(c) Inspection demands served pursuant to this section may be
enforced to the extent practicable, in the same manner as inspection
demands in a civil action.

708.110. (a) The judgment creditor may apply to the proper court
for an order requiring the judgment debtor to appear before the
court, or before a referee appointed by the court, at a time and
place specified in the order, to furnish information to aid in
enforcement of the money judgment.
(b) If the judgment creditor has not caused the judgment debtor to
be examined under this section during the preceding 120 days, the
court shall make the order upon ex parte application of the judgment
creditor.
(c) If the judgment creditor has caused the judgment debtor to be
examined under this section during the preceding 120 days, the court
shall make the order if the judgment creditor by affidavit or
otherwise shows good cause for the order. The application shall be
made on noticed motion if the court so directs or a court rule so
requires. Otherwise, it may be made ex parte.
(d) The judgment creditor shall personally serve a copy of the
order on the judgment debtor not less than 10 days before the date
set for the examination. Service shall be made in the manner
specified in Section 415.10. Service of the order creates a lien on
the personal property of the judgment debtor for a period of one year
from the date of the order unless extended or sooner terminated by
the court.
(e) The order shall contain the following statement in 14-point
boldface type if printed or in capital letters if typed: "NOTICE TO
JUDGMENT DEBTOR. If you fail to appear at the time and place
specified in this order, you may be subject to arrest and punishment
for contempt of court and the court may make an order requiring you
to pay the reasonable attorney's fees incurred by the judgment
creditor in this proceeding."

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


708.130. (a) Witnesses may be required to appear and testify before
the court or referee in an examination proceeding under this article
in the same manner as upon the trial of an issue.
(b) The privilege prescribed by Article 4 (commencing with Section
970) of Chapter 4 of Division 8 of the Evidence Code does not apply
in an examination proceeding under this article.

708.140. (a) The examination proceedings authorized by this article
may be conducted by a referee appointed by the court. The referee
may issue, modify, or vacate an order authorized by Section 708.205,
may make a protective order authorized by Section 708.200, and may
issue a warrant authorized by Section 708.170, and has the same power
as the court to grant adjournments, to preserve order, and to
subpoena witnesses to attend the examination, but only the court that
ordered the reference has power to do the following:
(1) Punish for contempt for disobeying an order of the referee.
(2) Make an award of attorney's fees pursuant to Section 708.170.

(3) Determine a contested claim of exemption or determine a
third-party claim under Section 708.180.
(b) Only a member of the State Bar of California is eligible for
appointment as a referee pursuant to this article. A person who was
duly appointed as a referee prior to July 1, 1983, pursuant to the
law in operation at the time of appointment, and who is available to
perform the duties of a referee on July 1, 1983, shall be exempt from
the requirements of this subdivision.
(c) Nothing in subdivision (a) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI of the
California Constitution.

708.150. (a) If a corporation, partnership, association, trust, or
other organization is served with an order to appear for an
examination, it shall designate to appear and be examined one or more
officers, directors, managing agents, or other persons who are
familiar with its property and debts.
(b) If the order to appear for an examination requires the
appearance of a specified individual, the specified individual shall
appear for the examination and may be accompanied by one or more
officers, directors, managing agents, or other persons familiar with
the property and debts of the corporation, partnership, association,
trust, or other organization.
(c) If the order to appear for the examination does not require
the appearance of a specified individual, the order shall advise the
corporation, partnership, association, trust, or other organization
of its duty to make a designation under subdivision (a).
(d) A corporation, partnership, association, trust, or other
organization, whether or not a party, may appear at an examination
through any authorized officer, director, or employee, whether or not
the person is an attorney.

708.160. (a) Except as otherwise provided in this section, the
proper court for examination of a person under this article is the
court in which the money judgment is entered.
(b) A person sought to be examined may not be required to attend
an examination before a court located outside the county in which the
person resides or has a place of business unless the distance from
the person's place of residence or place of business to the place of
examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a
place of business in the county where the judgment is entered, the
superior court in the county where the person resides or has a place
of business is a proper court for examination of the person.
(d) If the judgment creditor seeks an examination of a person
before a court other than the court in which the judgment is entered,
the judgment creditor shall file an application that shall include
all of the following:
(1) An abstract of judgment in the form prescribed by Section
674.
(2) An affidavit in support of the application stating the place
of residence or place of business of the person sought to be
examined.
(3) Any necessary affidavit or showing for the examination as
required by Section 708.110 or 708.120.
(4) The filing fee for a motion as provided in subdivision (a) of
Section 70617 of the Government Code.

708.170. (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:
(1) The court may, pursuant to a warrant, have the person brought
before the court to answer for the failure to appear and may punish
the person for contempt.
(2) If the person's failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney's fees
incurred in the examination proceeding. Attorney's fees awarded
against the judgment debtor shall be added to and become part of the
principal amount of the judgment.
(b) A person who willfully makes an improper service of an order
for an examination which subsequently results in the arrest pursuant
to subdivision (a) of the person who fails to appear is guilty of a
misdemeanor.

708.180. (a) Subject to subdivision (b), if a third person examined
pursuant to Section 708.120 claims an interest in the property
adverse to the judgment debtor or denies the debt, the court may, if
the judgment creditor so requests, determine the interests in the
property or the existence of the debt. The determination is
conclusive as to the parties to the proceeding and the third person,
but an appeal may be taken from the determination. The court may
grant a continuance for a reasonable time for discovery proceedings,
the production of evidence, or other preparation for the hearing.
(b) The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith and
any of the following conditions is satisfied:
(1) The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the
determination of the interests in the property or the existence of
the debt, and the third person objects to the determination of the
matter under subdivision (a).
(2) At the time an order for examination pursuant to Section
708.120 is served on the third person a civil action (including a
creditor's suit) is pending with respect to the interests in the
property or the existence of the debt.
(3) The court determines that the interests in the property or the
existence of the debt should be determined in a creditor's suit.
(c) Upon application of the judgment creditor made ex parte, the
court may make an order forbidding transfer of the property to the
judgment debtor or payment of the debt to the judgment debtor until
the interests in the property or the existence of the debt is
determined pursuant to subdivision (a) or until a creditor's suit may
be commenced and an order obtained pursuant to Section 708.240. An
undertaking may be required in the discretion of the court. The
court may modify or vacate the order at any time with or without a
hearing on such terms as are just.
(d) Upon application of the judgment creditor upon noticed motion,
the court may, if it determines that the judgment debtor probably
owns an interest in the property or that the debt probably is owed to
the judgment debtor, make an order forbidding the transfer or other
disposition of the property to any person or forbidding payment of
the debt until the interests in the property or the existence of the
debt is determined pursuant to subdivision (a) or until a creditor's
suit may be commenced and an order obtained pursuant to Section
708.240. The court shall require the judgment creditor to furnish an
undertaking as provided in Section 529. The court may modify or
vacate the order at any time after notice and hearing on such terms
as are just.


708.190. The court may permit a person claiming an interest in the
property or debt sought to be applied in an examination proceeding to
intervene in the proceeding and may determine the person's rights in
the property or debt pursuant to Section 708.180.

708.200. In any proceeding under this article, the court may, on
motion of the person to be examined or on its own motion, make such
protective orders as justice may require.

708.205. (a) Except as provided in subdivision (b), at the
conclusion of a proceeding pursuant to this article, the court may
order the judgment debtor's interest in the property in the
possession or under the control of the judgment debtor or the third
person or a debt owed by the third person to the judgment debtor to
be applied toward the satisfaction of the money judgment if the
property is not exempt from enforcement of a money judgment. Such an
order creates a lien on the property or debt.
(b) If a third person examined pursuant to Section 708.120 claims
an interest in the property adverse to the judgment debtor or denies
the debt and the court does not determine the matter as provided in
subdivision (a) of Section 708.180, the court may not order the
property or debt to be applied toward the satisfaction of the money
judgment but may make an order pursuant to subdivision (c) or (d) of
Section 708.180 forbidding transfer or payment to the extent
authorized by that section.

708.210. If a third person has possession or control of property in
which the judgment debtor has an interest or is indebted to the
judgment debtor, the judgment creditor may bring an action against
the third person to have the interest or debt applied to the
satisfaction of the money judgment.

708.220. The judgment debtor shall be joined in an action brought
pursuant to this article but is not an indispensable party. The
residence of the judgment debtor may not be considered in the
determination of proper venue unless otherwise provided by contract
between the judgment debtor and the third person.

708.230. (a) Except as provided in subdivision (b), an action
shall be commenced pursuant to this article before the expiration of
the later of the following times:
(1) The time when the judgment debtor may bring an action against
the third person concerning the property or debt.
(2) One year after creation of a lien on the property or debt
pursuant to this title if the lien is created at the time when the
judgment debtor may bring an action against the third person
concerning the property or debt.
(b) An action may not be commenced pursuant to this article after
the period for enforcement of the money judgment has expired.
(c) Notwithstanding Section 683.020, if an action is commenced
pursuant to this article within the time permitted in this section,
the action may be prosecuted to judgment.

708.240. The judgment creditor may apply to the court in which an
action under this article is pending for either or both of the
following:
(a) An order restraining the third person from transferring to the
judgment debtor the property in which the judgment debtor is claimed
to have an interest or from paying to the judgment debtor the
alleged debt. The order shall be made on noticed motion if the court
so directs or a court rule so requires. Otherwise, the order may be
made on ex parte application. The order shall remain in effect
until judgment is entered in the action or until such earlier time as
the court may provide in the order. An undertaking may be required
in the discretion of the court. The court may modify or vacate the
order at any time with or without a hearing on such terms as are
just.
(b) A temporary restraining order or a preliminary injunction or
both, restraining the third person from transferring to any person or
otherwise disposing of the property in which the judgment debtor is
claimed to have an interest, pursuant to Chapter 3 (commencing with
Section 525) of Title 7, and the court may make, dissolve, and modify
such orders as provided therein.

708.250. Service of summons on the third person creates a lien on
the interest of the judgment debtor in the property or on the debt
owed to the judgment debtor that is the subject of an action under
this article.


708.260. (a) In an action brought pursuant to this article, the
judgment debtor may claim that all or any portion of the property or
debt is exempt from enforcement of a money judgment. The claim shall
be made by application to the court on noticed motion, filed with
the court and served on the judgment creditor not later than 30 days
before the date set for trial. Service shall be made personally or
by mail. The judgment debtor shall execute an affidavit in support
of the application that includes all of the matters set forth in
subdivision (b) of Section 703.520. No notice of opposition to the
claim of exemption is required. If the judgment debtor has not been
named as a party to the action, the judgment debtor may obtain an
order under Section 389 that the judgment debtor be made a party.
Except as provided in subdivision (b), failure of the judgment debtor
to make a claim of exemption is a waiver of the exemption.
(b) Failure of the judgment debtor to make a claim of exemption in
an action brought pursuant to this article is not a waiver of the
exemption if both of the following conditions are satisfied:
(1) The judgment debtor has not been served with process in the
action that contains a description of the property or debt reasonably
adequate to permit it to be identified.
(2) The judgment debtor does not have actual notice of the
pendency of the action and the identity of the property or the nature
of the debt in issue.

708.270. There is no right to a jury trial in an action under this
article.


708.280. (a) The court shall determine any exemption claim made in
the action. If the judgment debtor establishes to the satisfaction
of the court that the property or debt is exempt from enforcement of
a money judgment, the court shall so adjudge and may not make the
orders referred to in subdivisions (b), (c), and (d).
(b) If the judgment creditor establishes that the third person has
property in which the judgment debtor has an interest or is indebted
to the judgment debtor, the court shall render judgment accordingly.
The property or debt may be applied to the satisfaction of the
judgment creditor's judgment against the judgment debtor as ordered
by the court.
(c) If the court determines that the third person has property in
which the judgment debtor has an interest, the court may order the
third person not to transfer the property until it can be levied upon
or otherwise applied to the satisfaction of the judgment.
(d) If the court determines that the third person has transferred
property that was subject to a lien in favor of the judgment creditor
or, contrary to court order of which the third person has notice,
has paid the debt to the judgment debtor or has transferred the
property, the court shall render judgment against the third person in
an amount equal to the lesser of the following:
(1) The value of the judgment debtor's interest in the property or
the amount of the debt.
(2) The amount of the judgment creditor's judgment against the
judgment debtor remaining unsatisfied.

708.290. Costs incurred by or taxed against the judgment creditor
in an action under this article may not be recovered from the
judgment debtor as a cost of enforcing the judgment.

708.310. If a money judgment is rendered against a partner or
member but not against the partnership or limited liability company,
the judgment debtor's interest in the partnership or limited
liability company may be applied toward the satisfaction of the
judgment by an order charging the judgment debtor's interest pursuant
to Section 15673, 16504, or 17302 of the Corporations Code.

708.320. (a) A lien on a judgment debtor's interest in a
partnership or limited liability company is created by service of a
notice of motion for a charging order on the judgment debtor and on
either of the following:
(1) All partners or the partnership.
(2) All members or the limited liability company.
(b) If a charging order is issued, the lien created pursuant to
subdivision (a) continues under the terms of the order. If issuance
of the charging order is denied, the lien is extinguished.


708.410. (a) A judgment creditor who has a money judgment against
a judgment debtor who is a party to a pending action or special
proceeding may obtain a lien under this article, to the extent
required to satisfy the judgment creditor's money judgment, on both
of the following:
(1) Any cause of action of such judgment debtor for money or
property that is the subject of the action or proceeding.
(2) The rights of such judgment debtor to money or property under
any judgment subsequently procured in the action or proceeding.
(b) To obtain a lien under this article, the judgment creditor
shall file a notice of lien and an abstract or certified copy of the
judgment creditor's money judgment in the pending action or special
proceeding.
(c) At the time of the filing under subdivision (b) or promptly
thereafter, the judgment creditor shall serve on all parties who,
prior thereto, have made an appearance in the action or special
proceeding a copy of the notice of lien and a statement of the date
when the notice of lien was filed in the action or special
proceeding. Service shall be made personally or by mail. Failure to
serve all parties as required by this subdivision does not affect
the lien created by the filing under subdivision (b), but the rights
of a party are not affected by the lien until the party has notice
of the lien.
(d) For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the judgment has
expired or, if an appeal is filed, until the appeal has been finally
determined.


708.420. The notice of lien under Section 708.410 shall contain all
of the following:
(a) A statement that a lien has been created under this article
and the title of the court and the cause and number of the pending
action or proceeding in which the notice of lien is filed.
(b) The name and last known address of the judgment debtor.
(c) The name and address of the judgment creditor.
(d) The title of the court where the judgment creditor's money
judgment is entered and the cause and number of the action, the date
of entry of the judgment, and the date of any subsequent renewals,
and where entered in the records of the court.
(e) The amount required to satisfy the judgment creditor's money
judgment at the time the notice of lien is filed in the action or
proceeding.
(f) A statement that the lien attaches to any cause of action of
the judgment debtor that is the subject of the action or proceeding
and to the judgment debtor's rights to money or property under any
judgment subsequently procured in the action or proceeding.
(g) A statement that no compromise, dismissal, settlement, or
satisfaction of the pending action or proceeding or any of the
judgment debtor's rights to money or property under any judgment
procured therein may be entered into by or on behalf of the judgment
debtor, and that the judgment debtor may not enforce the judgment
debtor's rights to money or property under any judgment procured in
the action or proceeding by a writ or otherwise, unless one of the
following requirements is satisfied:
(1) The prior approval by order of the court in which the action
or proceeding is pending has been obtained.
(2) The written consent of the judgment creditor has been obtained
or the judgment creditor has released the lien.
(3) The money judgment of the judgment creditor has been
satisfied.
(h) A statement that the judgment debtor may claim an exemption
for all or any portion of the money or property within 30 days after
the judgment debtor has notice of the creation of the lien and a
statement that, if the exemption is not claimed within the time
allowed, the exemption is waived.

708.430. (a) The court in which the action or special proceeding
is pending may permit a judgment creditor who has obtained a lien
under this article to intervene in the action or proceeding pursuant
to Section 387.
(b) For the purposes of Sections 708.450 and 708.470, a judgment
creditor shall be deemed to be a party to the action or special
proceeding even though the judgment creditor has not become a party
to the action or proceeding under subdivision (a).

708.440. (a) Except as provided in subdivision (c) of Section
708.410, unless the judgment creditor's money judgment is first
satisfied or the lien is released, the judgment recovered in the
action or special proceeding in favor of the judgment debtor may not
be enforced by a writ or otherwise, and no compromise, dismissal,
settlement, or satisfaction of the pending action or special
proceeding or the judgment procured therein may be entered into by or
on behalf of the judgment debtor, without the written consent of the
judgment creditor or authorization by order of the court obtained
under subdivision (b).
(b) Upon application by the judgment debtor, the court in which
the action or special proceeding is pending or the judgment procured
therein is entered may, in its discretion, after a hearing, make an
order described in subdivision (a) that may include such terms and
conditions as the court deems necessary. The application for an
order under this subdivision shall be made on noticed motion. The
notice of motion shall be served on the judgment creditor. Service
shall be made personally or by mail.

708.450. (a) If a lien is created under this article, the judgment
debtor may claim that all or any portion of the money or property
that the judgment debtor may recover in the action or special
proceeding is exempt from enforcement of a money judgment. The claim
shall be made by application on noticed motion to the court in which
the action or special proceeding is pending, filed and served on the
judgment creditor not later than 30 days after the judgment debtor
has notice of the creation of the lien. Service shall be made
personally or by mail. The judgment debtor shall execute an
affidavit in support of the application that includes all the matters
set forth in subdivision (b) of Section 703.520. No notice of
opposition to the claim of exemption is required. The failure of the
judgment debtor to make a claim of exemption under this section
constitutes a waiver of the exemption.
(b) The court may determine the exemption claim at any time prior
to the entry of judgment in the action or special proceeding or may
consolidate the exemption hearing with the hearing on a motion
pursuant to Section 708.470.
(c) If the judgment debtor establishes to the satisfaction of the
court that the right of the judgment debtor to money or property
under the judgment in the action or special proceeding is all or
partially exempt from enforcement of a money judgment, the court
shall order the termination of the lien created under this article on
the exempt portion of the money or property.

708.460. (a) If a lien is created pursuant to this article, the
court clerk shall endorse upon the judgment recovered in the action
or special proceeding a statement of the existence of the lien and
the time it was created.
(b) Any abstract issued upon the judgment shall include a
statement of the lien in favor of the judgment creditor.

708.470. (a) If the judgment debtor is entitled to money or
property under the judgment in the action or special proceeding and a
lien created under this article exists, upon application of any
party to the action or special proceeding, the court may order that
the judgment debtor's rights to money or property under the judgment
be applied to the satisfaction of the lien created under this article
as ordered by the court. Application for an order under this
section shall be on noticed motion. The notice of motion shall be
served on all other parties. Service shall be made personally or by
mail.
(b) If the judgment determines that the judgment debtor has an
interest in property, the court may order the party having custody or
control of the property not to transfer the property until it can be
levied upon or otherwise applied to the satisfaction of the lien
created under this article.
(c) If the court determines that a party (other than the judgment
debtor) having notice of the lien created under this article has
transferred property that was subject to the lien or has paid an
amount to the judgment debtor that was subject to the lien, the court
shall render judgment against the party in an amount equal to the
lesser of the following:
(1) The value of the judgment debtor's interest in the property or
the amount paid the judgment debtor.
(2) The amount of the judgment creditor's lien created under this
article.

708.480. A lien created under this article may be enforced by any
applicable procedure:
(a) After the judgment subject to the lien is entered and the time
for appeal from the judgment has expired.
(b) If an appeal is filed from the judgment subject to the lien,
after the appeal is finally determined.

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

708.520. (a) When an application is made pursuant to Section
708.510 or thereafter, the judgment creditor may apply to the court
for an order restraining the judgment debtor from assigning or
otherwise disposing of the right to payment that is sought to be
assigned. The application shall be made on noticed motion if the
court so directs or a court rule so requires. Otherwise, it may be
made ex parte.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order. The court, in its discretion, may
require the judgment creditor to provide an undertaking.
(c) The court may modify or vacate the order at any time with or
without a hearing on such terms as are just.
(d) The order shall be personally served upon the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being held
in contempt of court.


708.530. (a) Except as provided in subdivision (b), the effect and
priority of an assignment ordered pursuant to this article is
governed by Section 955.1 of the Civil Code. For the purpose of
priority, an assignee of a right to payment pursuant to this article
shall be deemed to be a bona fide assignee for value under the terms
of Section 955.1 of the Civil Code.
(b) An assignment of the right to future rent ordered under this
article is recordable as an instrument affecting real property and
the priority of such an assignment is governed by Section 1214 of the
Civil Code.

708.540. The rights of an obligor are not affected by an order
assigning the right to payment until notice of the order is received
by the obligor. For the purpose of this section, "obligor" means the
person who is obligated to make payments to the judgment debtor or
who may become obligated to make payments to the judgment debtor
depending upon future developments.

708.550. (a) The judgment debtor may claim that all or a portion of
the right to payment is exempt from enforcement of a money judgment
by application to the court on noticed motion filed not later than
three days before the date set for the hearing on the judgment
creditor's application for an assignment order. The judgment debtor
shall execute an affidavit in support of the application that
includes all of the matters set forth in subdivision (b) of Section
703.520. Failure of the judgment debtor to make a claim of exemption
is a waiver of the exemption.
(b) The notice of the motion shall be personally served on the
judgment creditor not later than three days before the date set for
the hearing.
(c) The court shall determine any claim of exemption made pursuant
to this section at the hearing on issuance of the assignment order.

708.560. (a) Either the judgment creditor or the judgment debtor
may apply to the court on noticed motion for an order to modify or
set aside the assignment order. The notice of motion shall be served
on the other party. Service shall be made personally or by mail.
(b) The court shall make an order modifying or setting aside the
assignment order upon a showing that there has been a material change
in circumstances since the time of the previous hearing on the
assignment order. The court may order a reassignment of the right to
payments as necessary. The order shall state whether and to what
extent it applies to payments already made.

708.610. The provisions of Chapter 5 (commencing with Section 564)
and Chapter 5a (commencing with Section 571) of Title 7 govern the
appointment, qualifications, powers, rights, and duties of a receiver
appointed under this article.


708.620. The court may appoint a receiver to enforce the judgment
where the judgment creditor shows that, considering the interests of
both the judgment creditor and the judgment debtor, the appointment
of a receiver is a reasonable method to obtain the fair and orderly
satisfaction of the judgment.


708.630. (a) The judgment debtor's interest in an alcoholic
beverage license may be applied to the satisfaction of a money
judgment only as provided in this section.
(b) The court may appoint a receiver for the purpose of
transferring the judgment debtor's interest in an alcoholic beverage
license that is transferable under Article 5 (commencing with Section
24070) of Chapter 6 of Division 9 of the Business and Professions
Code, unless the judgment debtor shows in the proceeding to appoint a
receiver that the amount of delinquent taxes described in Section
24049 of the Business and Professions Code and claims of creditors
with priority over the judgment creditor pursuant to Section 24074 of
the Business and Professions Code exceed the probable sale price of
the license.
(c) The receiver may exercise the powers of the licensee as
necessary and in exercising such powers shall comply with the
applicable provisions of Division 9 (commencing with Section 23000)
of the Business and Professions Code and applicable regulations of
the Department of Alcoholic Beverage Control. An application shall
be filed to transfer the license to the receiver and a temporary
retail permit shall be obtained during the pendency of the transfer.

708.710. As used in this article:
(a) "Local public entity" means any public entity other than the
state.
(b) "Public entity" means the state, a county, city, district,
public authority, public agency, and any other political subdivision
in the state.
(c) "State" means the State of California.
(d) "State agency" means a state office, officer, department,
division, bureau, board, commission or agency claims against which
are paid by warrants drawn by the Controller.

708.720. (a) If a public entity owes money to the judgment debtor,
the obligation of the public entity may be applied to the
satisfaction of the money judgment against the judgment debtor only
in the manner provided by (1) this article, (2) Chapter 5 (commencing
with Section 706.010) (wage garnishment), or (3) Article 5
(commencing with Section 708.410) (lien in pending action or
proceeding).
(b) The earnings of a public officer or employee shall not be
withheld pursuant to this article. Except as expressly provided by
law, the earnings of a public officer or employee may be withheld for
the payment of a money judgment only pursuant to Chapter 5
(commencing with Section 706.010).
(c) If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special
proceeding, the procedure in this article does not apply. The
payment of the obligation that is the subject of the pending action
or special proceeding may be applied to the satisfaction of the
money judgment against the judgment debtor only in the manner
provided in Article 5 (commencing with Section 708.410).

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


708.740. (a) Except as provided in subdivision (e), if money is
owing and unpaid to the judgment debtor by a state agency, the
judgment creditor shall file the abstract or certified copy of the
judgment and the affidavit with the state agency owing the money to
the judgment debtor prior to the time the state agency presents the
claim of the judgment debtor to the Controller. Where the affidavit
is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no
abstract need be filed. Filing of the affidavit with the department
shall be sufficient to require the Controller to transfer the funds
claimed by the judgment debtor, notwithstanding that the claim of the
judgment debtor has been filed with another state agency.
(b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
(1) Note the fact of the filing of the abstract or certified copy
of the judgment and the affidavit.
(2) State the amount required to satisfy the judgment as shown by
the affidavit.
(3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or
for any other purpose.
(c) Except as provided in subdivisions (d) and (e), to discharge
the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the
amount due the judgment debtor (after deducting an amount sufficient
to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to
satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
(d) Where an affidavit stating the existence of a judgment for
support has been submitted to the Department of Child Support
Services, pursuant to subdivision (c) of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall direct
payment to the county agency designated by the local child support
agency in his or her affidavit.
(e) Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment under
Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, and the support obligation is not being enforced
pursuant to Section 17400 of the Family Code, the judgment creditor
may file the abstract or certified copy of the judgment with the
local child support agency of the county in which the support
judgment is entered or registered. The local child support agency
shall then file the claim of the judgment creditor pursuant to
subdivision (c) of Section 708.730. When funds are received by the
local child support agency, it shall discharge any claim of the
judgment debtor by forwarding those sums to the clerk of the court
pursuant to subdivision (c) of this section. Any and all notices
otherwise required of a judgment creditor or the clerk of the court,
and any litigation to enforce rights under this subdivision shall be
the responsibility of the judgment creditor, the same as if service
had been directly on the Controller without the intervention of the
local child support agency.
(f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an
affidavit filed pursuant to subdivision (c) of Section 708.730, the
Controller may disregard the claim of the judgment creditor and
forward any and all sums due to the judgment debtor. In the event
that there is more than one claimant for a refund, the Franchise Tax
Board shall have discretion in allocating the overpayment among
claimants.
(g) Should two or more local child support agencies submit claims
on behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall honor.
(h) Any claims which are honored in behalf of a judgment creditor
shall be considered as refunds of tax overpayments to the judgment
debtor.
(i) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.


708.750. If money is owing and unpaid to the judgment debtor by a
public entity other than a state agency, the judgment creditor shall
file the abstract or certified copy of the judgment and the affidavit
with the auditor of the public entity or, if there is no auditor,
with the official whose duty corresponds to that of auditor. To
discharge the claim of the judgment debtor, the auditor or other
official shall (1) deposit with the court by a warrant or check
payable to the court, the amount due the judgment debtor (after
deducting an amount sufficient to reimburse the public entity for any
amounts advanced to the judgment debtor or owed by the judgment
debtor to the public entity) required to satisfy the money judgment
as shown by the affidavit in full or to the greatest extent and (2)
pay the balance thereof, if any, to the judgment debtor.

708.755. (a) Upon compliance with this section, the lien of a
judgment creditor pursuant to this article is created against a
lottery prize to be paid in annual installments and shall continue in
force and effect until the judgment is paid or expires, whichever
occurs first. For the lien to continue in effect, the judgment
creditor shall do all of the following:
(1) Commencing with the second installment against which the
judgment lien creditor asserts its lien, annually file with the
lottery an affidavit stating that the judgment has not been satisfied
and the amount of the remaining unsatisfied judgment, including
interest and costs, if any. This affidavit shall be filed with the
lottery not less than 45 days, nor more than 90 days, before the
annual payment due date on the prize that is the subject of the
judgment lien.
(2) If the judgment lien is renewed, file with the lottery a
certified copy of the renewal application, as authorized in this code
not less than 45 days, nor more than 90 days, before the annual
payment due date on the prize that is the subject of the judgment
lien, in order for the judgment lien to be effective in continuing
the existing judgment lien against the annual lottery prize payments.

(b) If the judgment lien creditor fails to file the annual
statement, renewal of judgment, or renewal of abstract, the lien
shall expire. Expiration of a lien for failure to comply with this
section shall not preclude the judgment creditor from commencing a
new procedure under this article to enforce the judgment, to the
extent that the judgment otherwise continues to be enforceable under
applicable law.


708.760. (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 3181 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which
are filed against the moneys due or to become due to the judgment
debtor in accordance with the provisions of Chapter 4 (commencing
with Section 3179) of Title 15 of Part 4 of Division 3 of the Civil
Code shall be considered.
(b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 3181 of the Civil Code.

708.770. (a) Except as provided in subdivision (g), promptly after
deposit with the court by the public entity, the court clerk shall
cause a notice of deposit to be served on the judgment debtor.
Service shall be made personally or by mail.
(b) Within 10 days after service of the notice of deposit pursuant
to subdivision (a), the judgment debtor who claims an exemption
shall do both of the following:
(1) File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption. The claim of
exemption shall include all of the matters set forth in subdivision
(b) of Section 703.520.
(2) Serve on the judgment creditor a copy of the notice of motion,
a copy of the claim of exemption, and a notice of hearing on the
motion. Service shall be made personally or by mail.
(c) The hearing on the motion shall be held not later than 30 days
from the date the notice of motion was filed with the court unless
continued by the court for good cause.
(d) Within 10 days after the judgment creditor is served under
subdivision (b), the judgment creditor who opposes the motion shall
do both of the following:
(1) File with the court a notice of opposition to the claim of
exemption. The notice of opposition to the claim of exemption shall
be executed under oath and shall include all of the matters set forth
in Section 703.560.
(2) Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption. Service shall be made
personally or by mail.
(e) Subdivisions (a) to (d), inclusive, of Section 703.580 and
Sections 703.590 and 703.600 apply to a claim of exemption made
pursuant to this section.
(f) The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the exemption.
(g) In lieu of service of the notice of deposit described herein,
where a state agency has been served with an affidavit pursuant to
subdivision (c) of Section 708.730 and has presented the claim of the
judgment creditor to the Controller pursuant to subdivision (a) of
Section 708.740, the state agency shall cause a notice of deposit to
be sent to the judgment debtor instructing the judgment debtor to
file any and all requests for relief with the district attorney who
filed the affidavit, or the court clerk if the seizure arises under
subdivision (e) of Section 708.740. Except in those cases arising
under subdivision (e) of Section 708.740, the judgment debtor shall
file the request for relief with the district attorney within 15 days
after service of notice from the public agency, or the judgment
debtor shall be deemed to have waived any claim he or she might
otherwise have. If the matter cannot be resolved with the district
attorney, the district attorney shall so advise the judgment debtor
and the judgment debtor shall then be authorized to commence
proceedings under this section or any other appropriate provision of
law. The notice from the district attorney shall for any limitation
have the same effect as a notice of deposit under subdivision (a).
Service of any notice or request under this subdivision shall be made
personally or by mail.
Claims arising from the filing of an abstract or certified copy of
a judgment, under subdivision (e) of Section 708.740 shall be
governed by the procedure and limitations set forth in subdivisions
(a) through (f).


708.775. After the expiration of the period allowed for claiming an
exemption under Section 708.770 if no exemption has been claimed, or
after the determination of the claim of exemption if an exemption is
claimed within the period allowed for claiming the exemption under
Section 708.770, the court shall pay the nonexempt portion of the
money deposited to which the judgment creditor is entitled to the
judgment creditor and the balance thereof, if any, to the judgment
debtor, unless some other disposition is required by law.

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


708.785. (a) The judgment creditor upon filing the abstract or
certified copy of the judgment and the affidavit shall pay a fee of
six dollars ($6) to the public entity with which it is filed.
(b) Fees received by the state under this section shall be
deposited to the credit of the fund from which payments were, or
would be, made on account of collection under this article.

708.790. No public officer or employee is liable for failure to
perform a duty imposed by this article unless sufficient information
is furnished by the abstract or certified copy of the judgment
together with the affidavit to enable the officer or employee in the
exercise of reasonable diligence to ascertain the identity of the
judgment debtor therefrom and from the papers and records on file in
the office in which the officer or employee works. The word "office"
as used in this section does not include any branch or subordinate
office located in a different city.

708.795. Except as to sums due and unpaid under a judgment for
support, nothing in this article authorizes the filing against an
overpayment of tax, penalty, or interest, or interest allowable with
respect to an overpayment, under Part 10 (commencing with Section
17001), or Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code or under Division 6 (commencing with
Section 13000) of the Unemployment Insurance Code.

708.910. As used in this article, "franchise" means a franchise
granted by a public entity and all the rights and privileges thereof,
other than the franchise of being a corporation.

708.920. (a) The court may, in its discretion, order a franchise
applied to the satisfaction of a money judgment upon application by
the judgment creditor made on noticed motion. The notice of motion
shall be served on the judgment debtor and the public entity that
granted the franchise. Service shall be made personally or by mail.
In exercising its discretion, the court shall determine whether
application of the franchise to the satisfaction of the judgment is
proper taking into account all the circumstances of the case,
including but not limited to the nature of the franchise, whether the
franchise is by its terms transferable, and the likelihood that
application of the franchise to the satisfaction of the judgment
will yield a substantial amount.
(b) If the court orders application of the franchise to the
satisfaction of the judgment, application shall be by such means as
appears proper to the court, including but not limited to sale of the
franchise, assignment of the franchise or proceeds of the franchise,
or appointment of a receiver. The court may include in its order,
or make additional orders containing, provisions to effectuate the
application of the franchise to the satisfaction of the judgment,
including but not limited to provisions relating to the place of sale
of the franchise, possession of the property of the judgment debtor
necessary for the exercise of the franchise, receipt of proceeds of
the franchise, recovery of penalties imposed by law and recoverable
for injury to the franchise or for damages or other cause, and the
judgment debtor's powers, duties, and liability for penalties and
forfeitures.


708.930. Notwithstanding any other provision of this article, an
order for application of a franchise to the satisfaction of a money
judgment is subject to all applicable laws governing sale, transfer,
or other actions concerning the franchise, including but not limited
to any necessary approvals by the Public Utilities Commission or
local public entities and compliance with statutory or administrative
regulations.

709.010. (a) As used in this section, "trust" has the meaning
provided in Section 82 of the Probate Code.
(b) The judgment debtor's interest as a beneficiary of a trust is
subject to enforcement of a money judgment only upon petition under
this section by a judgment creditor to a court having jurisdiction
over administration of the trust as prescribed in Part 5 (commencing
with Section 17000) of Division 9 of the Probate Code. The judgment
debtor's interest in the trust may be applied to the satisfaction of
the money judgment by such means as the court, in its discretion,
determines are proper, including but not limited to imposition of a
lien on or sale of the judgment debtor's interest, collection of
trust income, and liquidation and transfer of trust property by the
trustee.
(c) Nothing in this section affects the limitations on the
enforcement of a money judgment against the judgment debtor's
interest in a trust under Chapter 2 (commencing with Section 15300)
of Part 2 of Division 9 of the Probate Code, and the provisions of
this section are subject to the limitations of that chapter.

709.020. The judgment creditor may apply to the court on noticed
motion for an order applying to the satisfaction of a money judgment
a contingent remainder, executory interest, or other interest of the
judgment debtor in property that is not vested in the judgment
debtor. The interest of the judgment debtor may be applied to the
satisfaction of the money judgment by such means as the court, in its
discretion, determines are proper to protect the interests of both
the judgment debtor and judgment creditor, including but not limited
to the imposition of a lien on or the sale of the judgment debtor's
interest.


709.030. Property in a guardianship or conservatorship estate is
not subject to enforcement of a money judgment by a procedure
provided in this division, but the judgment creditor may apply to the
court in which the guardianship or conservatorship proceeding is
pending under Division 4 (commencing with Section 1400) of the
Probate Code for an order requiring payment of the judgment.

712.010. After entry of a judgment for possession or sale of
property, a writ of possession or sale shall be issued by the clerk
of the court upon application of the judgment creditor and shall be
directed to the levying officer in the county where the judgment is
to be enforced. The application shall include a declaration under
penalty of perjury stating the daily rental value of the property as
of the date the complaint for unlawful detainer was filed. A
separate writ shall be issued for each county where the judgment is
to be enforced. Writs may be issued successively until the judgment
is satisfied, except that a new writ may not be issued for a county
until the expiration of 180 days after the issuance of a prior writ
for that county unless the prior writ is first returned.

712.020. A writ of possession or sale issued pursuant to this
division shall require the levying officer to whom it is directed to
enforce the judgment and shall include the following information:
(a) The date of issuance of the writ.
(b) The title of the court where the judgment for possession or
sale is entered and the cause and number of the action.
(c) The name and address of the creditor and the name and last
known address of the judgment debtor.
(d) The date the judgment was entered, and the date of any
subsequent renewals, and where entered in the records of the court.
(e) If the judgment for possession or sale includes a money
judgment, the amount required to satisfy the money judgment on the
date the writ is issued and the amount of interest accruing daily on
the principal amount of the judgment from the date the writ is issued
may be included on the writ at the option of the creditor.
(f) Whether any person has requested notice of sale under the
judgment and, if so, the name and address of such person.
(g) Any other information required to be included in the
particular writ.

712.030. (a) Upon delivery of the writ of possession or sale to the
levying officer to whom the writ is directed, together with the
written instructions of the judgment creditor, the levying officer
shall execute the writ in the manner prescribed by law.
(b) The levying officer may not levy upon or otherwise seize
property under the writ after the expiration of 180 days from the
date the writ was issued.

712.040. (a) A writ of possession or sale may be enforced as a writ
of execution to satisfy any money judgment included in the judgment
for possession or sale. If amounts due under the judgment are not
satisfied pursuant to the writ of possession or sale, the judgment
creditor may use a writ of execution to satisfy any money judgment
included in the judgment after the writ of possession or sale has
been returned or 180 days after its issuance, whichever is earlier.
If the judgment creditor does not desire issuance of a writ of
possession or sale (because possession has been voluntarily
surrendered, the secured obligation has been voluntarily satisfied,
or other reason), a writ of execution may be issued to satisfy any
money judgment included in the judgment.
(b) Whether or not a writ of possession or sale has been issued,
enforced, or returned, the judgment creditor may use any available
remedies provided by Chapter 5 (commencing with Section 706.010) or
Chapter 6 (commencing with Section 708. 010) of Division 2 to
satisfy any money judgment included in the judgment.
(c) Notwithstanding subdivisions (a) and (b), if so ordered in a
judgment for sale, a money judgment included in the judgment may only
be enforced as ordered by the court.


712.050. The return of a writ of possession or sale is governed by
Section 699.560 (return of writ of execution).

712.060. The court may appoint a receiver pursuant to Article 7
(commencing with Section 708.610) of Chapter 6 of Division 2 to
enforce a judgment for possession or sale of property.

712.070. Except as provided in Section 695.050, a judgment against
a public entity is enforceable under this division.


714.010. (a) A judgment for possession of personal property may be
enforced by a writ of possession of personal property issued pursuant
to Section 712.010.
(b) In addition to the information required by Section 712.020,
the writ of possession of personal property shall contain the
following:
(1) A description of the property to be delivered to the judgment
creditor in satisfaction of the judgment.
(2) The value of the property if specified in the judgment or a
supplemental order.

714.020. (a) To execute the writ of possession of personal
property, the levying officer shall search for the property specified
in the writ and, if the property is in the possession of the
judgment debtor or an agent of the judgment debtor, take custody of
the property in the same manner as a levy under a writ of execution
on such property in the possession of the judgment debtor. Custody
of personal property used as a dwelling shall be taken as provided
by Section 700.080. Custody of property in a private place shall be
taken as provided by Section 699.030. If the levying officer obtains
possession of the property specified in the writ of possession, the
levying officer shall deliver the property to the judgment creditor
in satisfaction of the judgment.
(b) If the property specified in the writ of possession cannot be
taken into custody, the levying officer shall make a demand upon the
judgment debtor for the property if the judgment debtor can be
located. If custody of the property is not then obtained, the
levying officer shall so state in the return. Thereafter the
judgment for the possession of the property may be enforced in the
same manner as a money judgment for the value of the property as
specified in the judgment or a supplemental order.
(c) The writ of possession of personal property may, under the
circumstances described in subdivision (b), be treated as a writ of
execution.


714.030. (a) After entry of a judgment for possession of personal
property, and whether or not a writ of possession of personal
property has been issued, the judgment creditor may apply to the
court for an order directing the judgment debtor to transfer
possession of the property or documentary evidence of title to the
property or both to the judgment creditor. The application shall be
made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being held
in contempt of court.

715.010. (a) A judgment for possession of real property may be
enforced by a writ of possession of real property issued pursuant to
Section 712.010. The application for the writ shall provide a place
to indicate that the writ applies to all tenants, subtenants, if any,
name of claimants, if any, and any other occupants of the premises.

(b) In addition to the information required by Section 712.020,
the writ of possession of real property shall contain the following:

(1) A description of the real property, possession of which is to
be delivered to the judgment creditor in satisfaction of the
judgment.
(2) A statement that if the real property is not vacated within
five days from the date of service of a copy of the writ on the
occupant or, if the copy of the writ is posted, within five days from
the date a copy of the writ is served on the judgment debtor, the
levying officer will remove the occupants from the real property and
place the judgment creditor in possession.
(3) A statement that any personal property, except a mobilehome,
remaining on the real property after the judgment creditor has been
placed in possession will be sold or otherwise disposed of in
accordance with Section 1174 unless the judgment debtor or other
owner pays the judgment creditor the reasonable cost of storage and
takes possession of the personal property not later than 15 days
after the time the judgment creditor takes possession of the real
property.
(4) The date the complaint was filed in the action that resulted
in the judgment of possession.
(5) The date or dates on which the court will hear objections to
enforcement of a judgment of possession that are filed pursuant to
Section 1174.3, unless a summons, complaint, and prejudgment claim of
right to possession were served upon the occupants in accordance
with Section 415.46.
(6) The daily rental value of the property as of the date the
complaint for unlawful detainer was filed unless a summons,
complaint, and prejudgment claim of right of possession were served
upon the occupants in accordance with Section 415.46.
(7) If a summons, complaint, and prejudgment claim of right to
possession were served upon the occupants in accordance with Section
415.46, a statement that the writ applies to all tenants, subtenants,
if any, named claimants, if any, and any other occupants of the
premises.
(c) At the time the writ of possession is served or posted, the
levying officer shall also serve or post a copy of the form for a
claim of right to possession, unless a summons, complaint, and
prejudgment claim of right to possession were served upon the
occupants in accordance with Section 415.46.

715.020. To execute the writ of possession of real property:
(a) The levying officer shall serve a copy of the writ of
possession on one occupant of the property. Service on the occupant
shall be made by leaving the copy of the writ with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the property when service is attempted
who is either an employee or agent of the occupant or a member of the
occupant's household.
(b) If unable to serve an occupant described in subdivision (a) at
the time service is attempted, the levying officer shall execute the
writ of possession by posting a copy of the writ in a conspicuous
place on the property and serving a copy of the writ of possession on
the judgment debtor. Service shall be made personally or by mail.
If the judgment debtor's address is not known, the copy of the writ
may be served by mailing it to the address of the property.
(c) If the judgment debtor, members of the judgment debtor's
household, and any other occupants holding under the judgment debtor
do not vacate the property within five days from the date of service
on an occupant pursuant to subdivision (a) or on the judgment debtor
pursuant to subdivision (b), the levying officer shall remove the
occupants from the property and place the judgment creditor in
possession. The provisions of Section 684.120 extending time do not
apply to the five-day period specified in this subdivision.
(d) Notwithstanding subdivision (c), unless the person is named in
the writ, the levying officer may not remove any person from the
property who claims a right to possession of the property accruing
prior to the commencement of the unlawful detainer action or who
claims to have been in possession of the property on the date of the
filing of the unlawful detainer action. However, if the summons,
complaint, and prejudgment claim of right to possession were served
upon the occupants in accordance with Section 415.46, no occupant of
the premises, whether or not the occupant is named in the judgment
for possession, may object to the enforcement of the judgment as
prescribed in Section 1174.3.

715.030. The disposition of personal property remaining on the real
property after the judgment creditor is placed in possession thereof
pursuant to the writ of possession is governed by subdivisions (e)
to (m), inclusive, of Section 1174. For this purpose, references in
Section 1174 and in provisions incorporated by reference in Section
1174 to the "landlord" shall be deemed to be references to the
judgment creditor and references to the "tenant" shall be deemed to
be references to the judgment debtor or other occupant.

715.040. (a) A registered process server may execute the writ of
possession of real property as provided in subdivisions (a) and (b)
of Section 715.020 if a proper writ of possession is delivered to the
sheriff or marshal and that officer does not execute the writ as
provided in subdivisions (a) and (b) of Section 715.020 within three
days (Saturday, Sunday, and legal holidays excluded) from the day the
writ is delivered to that officer. If the writ is not executed
within that time, the levying officer shall upon request give the
writ to the judgment creditor or to a registered process server
designated by the judgment creditor.
(b) Within five days after executing the writ under this section,
all of the following shall be filed with the levying officer:
(1) The writ of possession of real property.
(2) An affidavit of the registered process server stating the
manner in which the writ was executed.
(3) Proof of service of the writ.
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(c) If the writ is executed by a registered process server, the
levying officer shall perform all other duties under the writ and
shall return the writ to the court.
(d) The fee for services of a registered process server under this
section may, in the court's discretion, be allowed as a recoverable
cost upon a motion pursuant to Section 685.080. If allowed, the
amount of the fee to be allowed is governed by Section 1033.5.

715.050. Except with respect to enforcement of a judgment for
money, a writ of possession issued pursuant to a judgment for
possession in an unlawful detainer action shall be enforced pursuant
to this chapter without delay, notwithstanding receipt of notice of
the filing by the defendant of a bankruptcy proceeding.
This section does not apply to a writ of possession issued for
possession of a mobilehome or manufactured home, as those terms are
defined in subdivision (a) of Section 1161a, and does not apply to a
writ of possession issued for possession of real property in a
mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5
(commencing with Section 798) of Title 2 of Part 2 of Division 2 of
the Civil Code), or to a manufactured housing community, as defined
in Section 18801 of the Health and Safety Code.


716.010. (a) A judgment for sale of real or personal property may
be enforced by a writ of sale issued pursuant to Section 712.010.
(b) In addition to the information required by Section 712.020,
the writ of sale shall contain a description of the property to be
sold in satisfaction of the judgment for sale.
(c) The writ of sale delivered to the levying officer shall be
accompanied by a certified copy of the judgment for sale.

716.020. To execute the writ of sale, the levying officer shall:
(a) Levy upon the property described in the writ of sale in the
manner prescribed by Article 4 (commencing with Section 700.010) of
Chapter 3 of Division 2 for levy under a writ of execution.
(b) Except as otherwise ordered by the court, give notice of sale
and sell the property described in the writ of sale in the manner
prescribed by Article 6 (commencing with Section 701.510) of Chapter
3 of Division 2 for giving notice and selling under a writ of
execution.
(c) Apply the proceeds of the sale of the property in conformity
with the judgment for sale.

716.030. (a) If a writ of sale is issued, the judgment creditor may
apply to the court ex parte, or on noticed motion if the court so
directs or a court rule so requires, for an order directing the
judgment debtor to transfer to the levying officer:
(1) Possession of the property to be sold if the prescribed method
of levy is by taking the property into custody.
(2) Possession of any documentary evidence of title to property to
be sold. An order pursuant to this paragraph may be served when the
property is levied upon or thereafter.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being held
in contempt of court.

717.010. A judgment not otherwise enforceable pursuant to this
title may be enforced by personally serving a certified copy of the
judgment on the person required to obey it and invoking the power of
the court to punish for contempt.

720.010. Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this division.

720.020. "Creditor" means the judgment creditor or, in the case of
a levy under a writ of attachment or prejudgment writ of possession
of personal property, the plaintiff.

720.030. "Debtor" means the judgment debtor or, in the case of a
levy under a writ of attachment or prejudgment writ of possession of
personal property, the defendant.

720.110. A third person claiming ownership or the right to
possession of property may make a third-party claim under this
chapter in any of the following cases if the interest claimed is
superior to the creditor's lien on the property:
(a) Where real property has been levied upon under a writ of
attachment or a writ of execution.
(b) Where personal property has been levied upon under a writ of
attachment, a writ of execution, a prejudgment or postjudgment writ
of possession, or a writ of sale.

720.120. A person making a third-party claim under this chapter
shall file the claim with the levying officer, together with two
copies of the claim, after levy on the property but before the
levying officer does any of the following:
(a) Sells the property.
(b) Delivers possession of the property to the creditor.
(c) Pays proceeds of collection to the creditor.

720.130. (a) The third-party claim shall be executed under oath and
shall contain all of the following:
(1) The name of the third person and an address in this state
where service by mail may be made on the third person.
(2) A description of the property in which an interest is claimed.

(3) A description of the interest claimed, including a statement
of the facts upon which the claim is based.
(4) An estimate of the market value of the interest claimed.
(b) A copy of any writing upon which the claim is based shall be
attached to the third-party claim. At a hearing on the third-party
claim, the court in its discretion may exclude from evidence any
writing a copy of which was not attached to the third-party claim.

720.140. (a) Not later than five days after the third-party claim
is filed with the levying officer, the levying officer shall serve
the following personally or by mail on the creditor:
(1) A copy of the third-party claim.
(2) A statement whether the third person has filed an undertaking
to release the property pursuant to Chapter 6 (commencing with
Section 720.610).
(3) If the third person has filed an undertaking to release the
property, a notice that the property will be released unless, within
the time allowed as specified in the notice, the creditor objects to
the undertaking.
(4) If the third person has not filed an undertaking to release
the property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor
files with the levying officer an undertaking that satisfies the
requirements of Section 720.160.
(b) The time allowed the creditor for objecting to the third
person's undertaking to release the property or for filing an
undertaking is 10 days after service under subdivision (a).
(c) Within the time allowed for service on the creditor under
subdivision (a), the levying officer shall serve a copy of the papers
specified in subdivision (a) on the debtor. Service shall be made
personally or by mail.
(d) The levying officer may serve the copy of the third-party
claim and the statement and notice pursuant to this section
notwithstanding any defect, informality, or insufficiency of the
claim.


720.150. (a) Except as otherwise provided by statute, if a
third-party claim is timely filed, the levying officer may not do
any of the following with respect to the property in which an
interest is claimed:
(1) Sell the property.
(2) Deliver possession of the property to the creditor.
(3) Pay proceeds of collection to the creditor.
(b) The interest of the third person in the property levied upon
is not affected by the third person's failure to file a third-party
claim under this chapter.

720.160. (a) If the creditor files with the levying officer an
undertaking that satisfies the requirements of this section within
the time allowed under subdivision (b) of Section 720.140:
(1) The levying officer shall execute the writ in the manner
provided by law unless the third person files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims of the third person for
which the creditor has given the undertaking.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of ten thousand dollars ($10,000), or twice the amount of the
execution lien as of the date of levy or other enforcement lien as of
the date it was created, whichever is the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:

(1) Be made in favor of the third person.
(2) Indemnify the third person against any loss, liability,
damages, costs, and attorney's fees, incurred by reason of the
enforcement proceedings.
(3) Be conditioned on a final judgment that the third person owns
or has the right of possession of the property.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.

720.170. (a) In a case where the third person has not filed with
the levying officer an undertaking to release the property pursuant
to Chapter 6 (commencing with Section 720.610), if the creditor does
not within the time allowed under subdivision (b) of Section 720.140
file with the levying officer an undertaking (or file a notice if the
creditor is a public entity) that satisfies the requirements of
Section 720.160, the levying officer shall release the property
unless it is to be held under another lien or unless otherwise
ordered by the court.
(b) Except as otherwise provided in this section, release is
governed by Section 699.060.
(c) If personal property that has been taken into custody is to be
released to the debtor pursuant to Section 699.060 and the debtor
has not claimed the property within 10 days after notice was served
pursuant to Section 699.060, the levying officer shall release the
property to the third person making the claim.
(d) A hearing may be had on the third-party claim pursuant to
Chapter 4 (commencing with Section 720.310) notwithstanding the
release of the property pursuant to this section.

720.210. (a) Where personal property has been levied upon under a
writ of attachment, a writ of execution, a prejudgment or
postjudgment writ of possession, or a writ of sale, a third person
claiming a security interest in or lien on the personal property may
make a third-party claim under this chapter if the security interest
or lien claimed is superior to the creditor's lien on the property.
(b) A secured party claiming a security interest in fixtures may
make a third-party claim pursuant to this chapter if the security
interest claimed is superior to the creditor's lien on the property.
For this purpose, references in this division to "personal property"
shall be deemed references to fixtures.


720.220. A person making a third-party claim under this chapter
shall file the claim with the levying officer, together with two
copies of the claim, after levy on the personal property but before
the levying officer does any of the following:
(a) Sells the property.
(b) Delivers possession of the property to the creditor.
(c) Pays proceeds of collection to the creditor.

720.230. (a) The third-party claim shall be executed under oath and
shall contain all of the following:
(1) The name of the secured party or lienholder and an address in
this state where service by mail may be made on the secured party or
lienholder.
(2) A description of the personal property in which a security
interest or lien is claimed.
(3) A detailed description of the security interest or lien
claimed, including a statement of the facts upon which it is based.
(4) A statement of the total amount of sums due or to accrue under
the security interest or lien and the applicable rate of interest on
amounts due.
(b) In the case of a security interest, a copy of the security
agreement and any financing statement shall be attached to the
third-party claim. In the case of a lien, a copy of any writing upon
which the claim is based shall be attached to the third-party claim.
At a hearing on the third-party claim, the court in its discretion
may exclude from evidence any writing a copy of which was not
attached to the third-party claim.

720.240. (a) Not later than five days after the third-party claim
is filed with the levying officer, the levying officer shall serve
the following personally or by mail on the creditor:
(1) A copy of the third-party claim.
(2) A statement whether the third person has filed an undertaking
to release the property pursuant to Chapter 6 (commencing with
Section 720.610).
(3) If the third person has filed an undertaking to release the
property, a notice that the property will be released unless, within
the time allowed as specified in the notice, the creditor objects to
the undertaking.
(4) If the third person has not filed an undertaking to release
the property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor does
one of the following:
(A) Files with the levying officer an undertaking that satisfies
the requirements of Section 720.260 and a statement under Section
720.280.
(B) Deposits with the levying officer the amount claimed plus
interest at the applicable rate to the estimated date of tender to
the secured party or lienholder.
(b) The time allowed the creditor for objecting to the third
person's undertaking to release the property or for filing an
undertaking and statement or making a deposit pursuant to subdivision
(a) is 10 days after service under subdivision (a).
(c) Within the time allowed for service on the creditor under
subdivision (a), the levying officer shall serve a copy of the papers
specified in subdivision (a) on the debtor. Service shall be made
personally or by mail.
(d) The levying officer may serve the copy of the third-party
claim and the statement and notice pursuant to this section
notwithstanding any defect, informality, or insufficiency of the
claim.


720.250. (a) Except as otherwise provided by statute, if a
third-party claim is timely filed, the levying officer may not do any
of the following with respect to the personal property in which the
security interest or lien is claimed:
(1) Sell the property.
(2) Deliver possession of the property to the creditor.
(3) Pay proceeds of collection to the creditor.
(b) The interest of a secured party or lienholder in the property
levied upon is not affected by the failure of the secured party or
lienholder to file a third-party claim under this chapter.


720.260. (a) If the creditor within the time allowed under
subdivision (b) of Section 720.240 either files with the levying
officer an undertaking that satisfies the requirements of this
section and a statement that satisfies the requirements of Section
720.280 or makes a deposit with the levying officer of the amount
claimed under Section 720.230:
(1) The levying officer shall execute the writ in the manner
provided by law unless, in a case where the creditor has filed an
undertaking, the secured party or lienholder files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims or liens of the secured
party or lienholder for which the creditor has given the undertaking
or made the deposit.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of ten thousand dollars ($10,000) or twice the amount of the
execution lien as of the date of levy or other enforcement lien as of
the date it was created, whichever is the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:

(1) Be made in favor of the secured party or lienholder.
(2) Indemnify the secured party or lienholder against any loss,
liability, damages, costs, and attorney's fees, incurred by reason of
the enforcement proceedings.
(3) Be conditioned on a final judgment that the security interest
or lien of the third person is entitled to priority over the creditor'
s lien.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.


720.270. (a) In a case where the third person has not filed with
the levying officer an undertaking to release the property pursuant
to Chapter 6 (commencing with Section 720.610), if the creditor does
not within the time allowed under subdivision (b) of Section 720.240
file with the levying officer an undertaking (or file a notice if
the creditor is a public entity) that satisfies the requirements of
Section 720.260 and a statement under Section 720.280, or deposit
with the levying officer the amount claimed under Section 720.230,
the levying officer shall release the personal property unless it is
to be held under another lien or unless otherwise ordered by the
court.
(b) Except as otherwise provided in this section, release is
governed by Section 699.060.
(c) If property that has been taken into custody is to be released
to the debtor pursuant to Section 699.060 and the debtor has not
claimed the property within 10 days after notice was served pursuant
to Section 699.060, the levying officer shall release the property to
the secured party or lienholder making the claim.
(d) A hearing may be had on the third-party claim pursuant to
Chapter 4 (commencing with Section 720.310) notwithstanding the
release of the property pursuant to this section.


720.280. At the time the creditor files an undertaking with the
levying officer in response to a third-party claim by a secured
party, the creditor shall do all of the following:
(a) File with the levying officer a statement executed under oath
that the security interest is invalid, that the security interest is
not entitled to priority over the creditor's lien, or that the amount
demanded in the claim exceeds the amount to which the secured party
is entitled, for the reasons specified therein.
(b) Serve a copy of the statement on the secured party. Service
shall be made personally or by mail.
(c) Serve a copy of the statement on the debtor. Service shall be
made personally or by mail.


720.290. (a) If the levying officer receives a sufficient deposit
from the creditor, the levying officer shall promptly tender or pay
the deposit to the secured party or lienholder who made the
third-party claim except that, if the deposit is made by personal
check, the levying officer is allowed a reasonable time for the check
to clear.
(b) If the tender is accepted, the interest of the secured party
or lienholder in the property for which deposit is made passes to the
creditor making the deposit and, on distribution of any proceeds
under Section 701.810, the creditor who makes the deposit shall be
entitled to the proceeds to the extent of the deposit in the priority
of the interest for which the deposit is made.
(c) If the tender is refused, the amount of the deposit shall be
deposited with the county treasurer payable to the order of the
secured party or lienholder.

720.310. (a) Not later than 15 days after the third-party claim is
filed with the levying officer pursuant to Section 720.120 or
720.220, or 15 days after filing an undertaking pursuant to Section
720.610, either the creditor or the third person may petition the
court for a hearing to determine the validity of the third-party
claim and the proper disposition of the property that is the subject
of the claim.
(b) The hearing may be held whether or not an undertaking has been
filed but not if a deposit has been made pursuant to Section
720.260.
(c) The hearing shall be held within 20 days after the filing of
the petition unless continued by the court for good cause shown.

720.320. (a) At the time prescribed in subdivision (b) of Section
1005, the petitioner shall do both of the following:
(1) Serve notice of the time and place of the hearing on the
creditor or the third person (whichever person is not the petitioner)
and on the debtor. Service shall be made personally or by mail.
(2) File a copy of the notice of hearing with the levying officer.

(b) The notice of the hearing shall include a statement that the
purpose of the hearing is to determine the validity of the
third-party claim and the proper disposition of the property that is
the subject of the third-party claim.


720.330. Promptly after receipt of the notice of the hearing on the
third-party claim, the levying officer shall file the following
papers with the court:
(a) The third-party claim that was filed with the levying officer
pursuant to Section 720.120 or 720.220.
(b) Any statement filed by the creditor with the levying officer
pursuant to Section 720.280 in opposition to the third-party claim of
a secured party.
(c) Any undertaking of the creditor filed with the levying officer
pursuant to Section 720.160 or Section 720.260.
(d) Any undertaking to release filed by a third person pursuant to
Chapter 6 (commencing with section 720.610).
(e) Any notice filed by a public entity pursuant to Section
720.160 or 720.260.

720.340. If the creditor has not filed a statement with the levying
officer pursuant to Section 720.280 in opposition to a third-party
claim by a secured party:
(a) In a case where the creditor petitions for a hearing on the
third-party claim, the creditor shall file the statement with the
court at the time the petition is filed and shall serve a copy
thereof on the secured party with notice of the hearing served
pursuant to Section 720.320.
(b) In a case where the secured party has petitioned for a hearing
on the third-party claim, the creditor shall file the statement with
the court and serve a copy of the statement on the secured party not
later than five days before the date set for the hearing. Service
shall be made personally or by mail.

720.350. (a) Subject to the power of the court to permit an
amendment in the interest of justice:
(1) The third-party claim constitutes the pleading of the third
person.
(2) In the case of a third-party claim by a secured party, the
creditor's statement constitutes the pleading of the creditor.
(b) A third-party claim of ownership, right to possession, or a
lien, shall be deemed controverted by the creditor.

720.360. At a hearing on a third-party claim, the third person has
the burden of proof.

720.370. If the petition for a hearing was made by the third
person, neither the petition nor the proceedings pursuant thereto
may be dismissed without the consent of the creditor. If the
petition for a hearing was made by the creditor, neither the petition
nor the proceedings pursuant thereto may be dismissed without the
consent of the third person.

720.380. (a) Notwithstanding any other provision of this title, the
court may make an order staying the sale of the property under a
writ or enjoining any transfer or other disposition of the property
levied upon under a writ until proceedings for the determination of
the rights of a third person can be commenced and prosecuted to
termination and may require such undertaking as it considers
necessary as a condition for making the order.
(b) After the filing of a third-party claim, notwithstanding
Sections 720.160 and 720.260, the creditor, the debtor, or the third
person may apply to the court for an order staying the sale of the
property under a writ or enjoining any transfer or other disposition
of the property until proceedings under this article can be commenced
and prosecuted to termination. The application shall be made on
noticed motion if the court so directs or a court rule otherwise so
requires. Otherwise, the application may be made ex parte.
(c) An order made pursuant to this section may be modified or
vacated by the court at any time prior to the termination of the
proceedings upon such terms as are just.

720.390. At the conclusion of the hearing, the court shall give
judgment determining the validity of the third-party claim and may
order the disposition of the property or its proceeds in accordance
with the respective interests of the parties. Subject to Section
720.420, the judgment is conclusive between the parties to the
proceeding.

720.400. No findings are required in proceedings under this
chapter.


720.410. There is no right to a jury trial in a proceeding pursuant
to this chapter.

720.420. An appeal may be taken from a judgment given pursuant to
Section 720.390.

720.430. If property has been released pursuant to Section 720.170,
720.270, or 720.660, it may be levied upon or otherwise sought to
be applied to the satisfaction of the judgment only if it is
determined in the hearing on the third-party claim that the debtor
has an interest in the property that may be levied upon or otherwise
applied to the satisfaction of the judgment.

720.510. A creditor may make a demand as provided in this chapter
that a secured party or lienholder file a third-party claim to
personal property that has been levied upon under a writ of
attachment or a writ of execution.

720.520. (a) The creditor's demand for a third-party claim by the
secured party or lienholder, together with a copy of the demand,
shall be filed with the levying officer after levy on the personal
property but before the levying officer sells the property or pays
proceeds of collection to the creditor.
(b) Promptly after the demand and a copy thereof are filed, the
levying officer shall personally serve the demand on the secured
party or lienholder. Service of the demand on the secured party or
lienholder shall be attested by the certificate of the levying
officer and the certificate shall be filed in the action promptly
after service.
(c) The demand shall be served by the levying officer who levied
on the property or by any other levying officer whose office is
closer to the place of service. If service is made by another
levying officer, such levying officer's costs shall be paid out of
the costs prepaid to the levying officer who levied on the property.


720.530. The demand for a third-party claim served on a secured
party or lienholder shall contain all of the following:
(a) The name and address of the secured party or lienholder.
(b) The name and address of the creditor.
(c) A detailed description of the personal property levied upon
and the date of levy.
(d) A statement that if the secured party or lienholder does not
file a third-party claim pursuant to Chapter 3 (commencing with
Section 720.210) within 30 days after service of the demand, the
secured party or lienholder shall be deemed to have waived any
priority the security interest or lien may have over the creditor's
lien on the property levied upon unless the property levied upon is
released from the creditor's lien.
(e) A statement that if any priority of the security interest or
lien is waived, the secured party or lienholder may have a right to
share in any excess proceeds of an execution sale of the property as
provided in Section 701.810.

720.540. Except as otherwise provided by statute, the levying
officer may not release, sell, or otherwise dispose of the personal
property described in the demand before the expiration of 30 days
after service of the demand on the secured party or lienholder.


720.550. (a) If the secured party or lienholder does not file a
third-party claim with the levying officer pursuant to Chapter 3
(commencing with Section 720. 210) within 30 days after service of
the demand, the secured party or lienholder shall be deemed to have
waived any priority the security interest or lien may have over the
creditor's lien on the personal property levied upon and the property
may be applied toward the satisfaction of the judgment free of the
security interest or lien.
(b) If the secured party or lienholder is deemed to have waived
any priority over the creditor's lien pursuant to subdivision (a) and
the creditor's lien on the personal property is released, the
security interest or lien is restored to its former position of
priority.

720.610. A third person may give an undertaking to release property
pursuant to this chapter in the following cases:
(a) Where the third person claims ownership or the right to
possession of real property that has been levied upon under a writ of
attachment or a writ of execution.
(b) Where the third person claims ownership or the right to
possession of personal property that has been levied upon under a
writ of attachment, a writ of execution, or a writ of sale.
(c) Where the third person claims a security interest in or a lien
on personal property that has been levied upon under a writ of
attachment, a writ of execution, or a writ of sale.

720.620. The third person shall file the undertaking to release
property with the levying officer, together with two copies of the
undertaking:
(a) At the time the third person files a third-party claim
pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3
(commencing with Section 720.210).
(b) If the third person has previously filed a third-party claim
to the property, at any time before the levying officer does any of
the following:
(1) Sells the property.
(2) Delivers possession of the property to the creditor.
(3) Pays proceeds of collection to the creditor.

720.630. (a) The undertaking to release property shall contain a
description of the property to be released and shall describe the
interest of the third person.
(b) The undertaking shall be made in favor of the creditor and
shall provide that, if the debtor is finally adjudged to have an
interest in the property levied upon, the third person shall pay to
the creditor the lesser of the following:
(1) The amount required to satisfy the judgment against the debtor
of the creditor who had the lien on the property.
(2) A sum equal to the market value of the debtor's interest in
the property levied upon.
(c) Except as provided in subdivision (d) and unless the third
person elects to file an undertaking in a larger amount, the amount
of the undertaking shall be the lesser of the following amounts:
(1) Twice the market value of the property sought to be released.

(2) Twice the amount of the creditor's lien on the property sought
to be released.
(d) If the creditor has given an undertaking in response to the
third person's claim regarding the property pursuant to Section
720.160 or 720.260, the third person's undertaking shall be in the
amount of the creditor's undertaking.

720.640. (a) If the undertaking to release property is filed with
the levying officer at the time the third-party claim is filed, the
levying officer shall serve a copy of the undertaking on the creditor
and on the debtor with the notice of the filing of the third-party
claim served pursuant to Section 720.140 or 720.240.
(b) If the undertaking to release property is filed with the
levying officer after the third-party claim is filed, not later than
five days after the undertaking is filed, the levying officer shall
serve a copy of the undertaking on the creditor and on the debtor
with a notice that the property will be released unless, within the
time allowed as specified in the notice, the creditor objects to the
undertaking. Service shall be made personally or by mail.

720.650. The third person's undertaking becomes effective when the
property described therein is released pursuant to this chapter.

720.660. The levying officer shall release the property described
in the third person's undertaking in the manner provided by Section
720.170 promptly after the expiration of the time allowed for
objecting to the undertaking, unless the creditor has objected to the
undertaking, and filed with the levying officer a copy of the notice
of motion as required by Section 720.760, prior to the expiration of
that time.

720.710. The Bond and Undertaking Law (Chapter 2 (commencing with
Section 995. 010) of Title 14) applies to a bond given pursuant to
this title, except to the extent this title prescribes a different
rule or is inconsistent.


720.760. A copy of a notice of motion objecting to an undertaking
shall be filed with the levying officer.

720.770. Unless the parties otherwise agree, the hearing on an
objection to an undertaking shall be held not less than 10 nor more
than 15 days after service of the notice of motion. The court may
order the amount of the undertaking decreased below the amount
prescribed by Section 720.160 or 720.260 if the court determines the
amount prescribed exceeds the probable recovery of the beneficiary if
the beneficiary ultimately prevails in proceedings to enforce the
liability on the undertaking.

720.800. If an undertaking has been filed with a levying officer
pursuant to this division, and the undertaking remains in the
levying officer's possession when the writ is to be returned, the
levying officer shall file the undertaking with the court at the time
the writ is returned.

724.010. (a) A money judgment may be satisfied by payment of the
full amount required to satisfy the judgment or by acceptance by the
judgment creditor of a lesser sum in full satisfaction of the
judgment.
(b) Where a money judgment is satisfied by levy, the obligation of
the judgment creditor to give or file an acknowledgment of
satisfaction arises only when the judgment creditor has received the
full amount required to satisfy the judgment from the levying
officer.
(c) Where a money judgment is satisfied by payment to the judgment
creditor by check or other form of noncash payment that is to be
honored upon presentation by the judgment creditor for payment, the
obligation of the judgment creditor to give or file an acknowledgment
of satisfaction of judgment arises only when the check or other form
of noncash payment has actually been honored upon presentation for
payment.

724.020. The court clerk shall enter satisfaction of a money
judgment in the register of actions when the following occur:
(a) A writ is returned satisfied for the full amount of a lump-sum
judgment.
(b) An acknowledgment of satisfaction of judgment is filed with
the court.
(c) The court orders entry of satisfaction of judgment.

724.030. When a money judgment is satisfied, the judgment creditor
immediately shall file with the court an acknowledgment of
satisfaction of judgment. This section does not apply where the
judgment is satisfied in full pursuant to a writ.


724.040. If an abstract of a money judgment has been recorded with
the recorder of any county and the judgment is satisfied, the
judgment creditor shall immediately do both of the following:
(a) File an acknowledgment of satisfaction of judgment with the
court.
(b) Serve an acknowledgment of satisfaction of judgment on the
judgment debtor. Service shall be made personally or by mail.

724.050. (a) If a money judgment has been satisfied, the judgment
debtor, the owner of real or personal property subject to a judgment
lien created under the judgment, or a person having a security
interest in or a lien on personal property subject to a judgment lien
created under the judgment may serve personally or by mail on the
judgment creditor a demand in writing that the judgment creditor do
one or both of the following:
(1) File an acknowledgment of satisfaction of judgment with the
court.
(2) Execute, acknowledge, and deliver an acknowledgment of
satisfaction of judgment to the person who made the demand.
(b) The demand shall include the following statement: "Important
warning. If this judgment has been satisfied, the law requires that
you comply with this demand not later than 15 days after you receive
it. If a court proceeding is necessary to compel you to comply with
this demand, you will be required to pay my reasonable attorney's
fees in the proceeding if the court determines that the judgment has
been satisfied and that you failed to comply with the demand. In
addition, if the court determines that you failed without just cause
to comply with this demand within the 15 days allowed, you will be
liable for all damages I sustain by reason of such failure and will
also forfeit one hundred dollars to me."
(c) If the judgment has been satisfied, the judgment creditor
shall comply with the demand not later than 15 days after actual
receipt of the demand.
(d) If the judgment creditor does not comply with the demand
within the time allowed, the person making the demand may apply to
the court on noticed motion for an order requiring the judgment
creditor to comply with the demand. The notice of motion shall be
served on the judgment creditor. Service shall be made personally or
by mail. If the court determines that the judgment has been
satisfied and that the judgment creditor has not complied with the
demand, the court shall either (1) order the judgment creditor to
comply with the demand or (2) order the court clerk to enter
satisfaction of the judgment.
(e) If the judgment has been satisfied and the judgment creditor
fails without just cause to comply with the demand within the time
allowed, the judgment creditor is liable to the person who made the
demand for all damages sustained by reason of such failure and shall
also forfeit one hundred dollars ($100) to such person. Liability
under this subdivision may be determined in the proceedings on the
motion pursuant to subdivision (d) or in an action.

724.060. (a) An acknowledgment of satisfaction of judgment shall
contain the following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names and addresses of the judgment creditor, the judgment
debtor, and the assignee of record if any. If an abstract of the
judgment has been recorded in any county, the judgment debtor's name
shall appear on the acknowledgment of satisfaction of judgment as it
appears on the abstract of judgment.
(4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) A statement either that the judgment is satisfied in full or
that the judgment creditor has accepted payment or performance other
than that specified in the judgment in full satisfaction of the
judgment.
(6) A statement whether an abstract of the judgment has been
recorded in any county and, if so, a statement of each county where
the abstract has been recorded and the book and page of the county
records where the abstract has been recorded, and a notice that the
acknowledgment of satisfaction of judgment (or a court clerk's
certificate of satisfaction of judgment) will have to be recorded
with the county recorder of each county where the abstract of
judgment has been recorded in order to release the judgment lien on
real property in that county.
(7) A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if such a notice has
been filed, a statement of the file number of such notice, and a
notice that the acknowledgment of satisfaction of judgment (or a
court clerk's certificate of satisfaction of judgment) will have to
be filed in that office in order to terminate the judgment lien on
personal property.
(b) The acknowledgment of satisfaction of judgment shall be made
in the manner of an acknowledgment of a conveyance of real property.

(c) The acknowledgment of satisfaction of judgment shall be
executed and acknowledged by one of the following:
(1) The judgment creditor.
(2) The assignee of record.
(3) The attorney for the judgment creditor or assignee of record
unless a revocation of the attorney's authority is filed.
(4) The local child support agency director or his or her
designee, if the local child support agency has been providing child
support services pursuant to Section 17400 of the Family Code. The
acknowledgment of satisfaction of judgment may be recorded by the
local child support agency pursuant to Section 27282 of the
Government Code.

724.070. (a) If a judgment creditor intentionally conditions
delivery of an acknowledgment of satisfaction of judgment upon the
performance of any act or the payment of an amount in excess of that
to which the judgment creditor is entitled under the judgment, the
judgment creditor is liable to the judgment debtor for all damages
sustained by reason of such action or two hundred fifty dollars
($250), whichever is the greater amount.
(b) Subdivision (a) does not apply if the judgment creditor has
agreed to deliver an acknowledgment of satisfaction of judgment to
the judgment debtor prior to full satisfaction of the judgment in
consideration for the judgment debtor's agreement either to furnish
security or to execute a promissory note, or both, the principal
amount of which does not exceed the amount to which the judgment
creditor is entitled under the judgment.


724.080. In an action or proceeding maintained pursuant to this
chapter, the court shall award reasonable attorney's fees to the
prevailing party.


724.090. The damages recoverable pursuant to this chapter are not
in derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.

724.100. (a) If satisfaction of a judgment has been entered in the
register of actions, the court clerk shall issue a certificate of
satisfaction of judgment upon application therefor and payment of the
fee as provided in subdivision (a) of Section 70626 of the
Government Code.
(b) The certificate of satisfaction of judgment shall contain the
following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names of the judgment creditor and the judgment debtor.
(4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) The date of entry of satisfaction of judgment and where it was
entered in the register of actions.


724.110. (a) The judgment debtor or the owner of real or personal
property subject to a judgment lien created under a money judgment
may serve on the judgment creditor a demand in writing that the
judgment creditor execute, acknowledge, and deliver an acknowledgment
of partial satisfaction of judgment to the person who made the
demand. Service shall be made personally or by mail. If the
judgment has been partially satisfied, the judgment creditor shall
comply with the demand not later than 15 days after actual receipt of
the demand.
(b) If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
or personal property subject to a judgment lien created under the
judgment may apply to the court on noticed motion for an order
requiring the judgment creditor to comply with the demand. The
notice of motion shall be served on the judgment creditor. Service
shall be made personally or by mail. If the court determines that
the judgment has been partially satisfied and that the judgment
creditor has not complied with the demand, the court shall make an
order determining the amount of the partial satisfaction and may make
an order requiring the judgment creditor to comply with the demand.

724.120. An acknowledgment of partial satisfaction of judgment
shall be made in the same manner and by the same person as an
acknowledgment of satisfaction of judgment and shall contain the
following information:
(a) The title of the court.
(b) The cause and number of the action.
(c) The names and addresses of the judgment creditor, the judgment
debtor, and the assignee of record if any. If an abstract of the
judgment has been recorded in any county, the judgment debtor's name
shall appear on the acknowledgment of partial satisfaction of
judgment as it appears on the abstract of judgment.
(d) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(e) A statement of the amount received by the judgment creditor in
partial satisfaction of the judgment.
(f) A statement whether an abstract of judgment has been recorded
in any county and, if so, a statement of each county where the
abstract has been recorded and the book and page of the county
records where the abstract has been recorded.
(g) A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if so, the file number
of the notice.


724.210. As used in this chapter:
(a) "Installment judgment" means a money judgment under which a
lien may be created on an interest in real property under Section
697.320.
(b) "Matured installments" means the sum of all of the following:

(1) All amounts and installments that have matured under an
installment judgment on or before the date specified in the demand
for an acknowledgment of satisfaction of matured installments under
an installment judgment.
(2) The interest that has accrued on the installment judgment on
the date specified in the demand.
(3) The costs that have been added to the installment judgment on
or before the date specified in the demand pursuant to Chapter 5
(commencing with Section 685.010) of Division 1.

724.220. (a) If real property is subject to a judgment lien created
under an installment judgment, the judgment debtor or the owner of
real property subject to the judgment lien may serve on the judgment
creditor a demand in writing that the judgment creditor execute,
acknowledge, and deliver to the person who made the demand an
acknowledgment of satisfaction of matured installments under an
installment judgment. Service shall be made personally or by mail.
(b) The demand shall include the following statement: "Important
warning. If the matured installments on this judgment have been
satisfied as of date specified in this demand, the law requires that
you comply with this demand not later than 15 days after you receive
it. (The "matured installments' are all amounts and installments
that are due and payable on or before the date specified in this
demand together with the accrued interest to that date and costs
added to the judgment on or before that date.) If a court proceeding
is necessary to compel you to comply with this demand, you will be
required to pay my reasonable attorney's fees in the proceeding if
the court determines that the matured installments have been
satisfied and that you failed to comply with the demand. In
addition, if the court determines that you failed without just cause
to comply with this demand within the 15 days allowed, you will be
liable for all damages I sustain by reason of such failure and will
also forfeit one hundred dollars to me."
(c) If the matured installments have been satisfied as of the date
specified in the demand, the judgment creditor shall comply with the
demand not later than 15 days after actual receipt of the demand.

724.230. If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
property subject to a judgment lien created under the installment
judgment may apply to the court on noticed motion for an order
requiring the judgment creditor to comply with the demand. The
notice of motion shall be served on the judgment creditor. Service
shall be made personally or by mail. If the court determines that
the matured installments have been satisfied as of the date specified
in the demand and that the judgment creditor has not complied with
the demand, the court shall either (1) order the judgment creditor to
comply with the demand or (2) make an order determining that the
matured installments as of the date specified in the demand have been
satisfied.

724.240. (a) If the matured installments under the installment
judgment have been satisfied as of the date specified in the demand
and the judgment creditor fails without just cause to comply with the
demand within the time allowed, the judgment creditor is liable to
the person who made the demand for all damages sustained by reason of
such failure and shall also forfeit one hundred dollars ($100) to
such person. Liability under this subdivision may be determined in
the proceedings on a motion pursuant to Section 724.230 or in an
action.
(b) The damages recoverable pursuant to subdivision (a) are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.


724.250. (a) An acknowledgment of satisfaction of matured
installments under an installment judgment shall be made in the same
manner and by the same person as an acknowledgment of satisfaction
of judgment and shall contain the following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names and addresses of the judgment creditor, the judgment
debtor, and the assignee of record if any. The judgment debtor's
name shall appear on the acknowledgment of satisfaction of matured
installments as it appears on the certified copy of the judgment that
was recorded to create the judgment lien.
(4) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) A statement that the matured installments under the
installment judgment had been satisfied as of a specified date.
(6) A statement whether a certified copy or abstract of the
judgment has been recorded in any county and, if so, a statement of
each county where the certified or abstract copy has been recorded
and the book and page of the county records where the certified copy
or abstract of the judgment has been recorded.
(b) If any amount of child or spousal support provided in a
support order has been directed to be made to an officer designated
by statute or by the court pursuant to Article 4 (commencing with
Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code
or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9
of the Family Code or any other provision of law and the directive is
set forth in the certified copy or abstract of the judgment that wasrecorded to create the judgment lien on real property, or in a similarly recorded certified copy or abstract of an amended or supplemental order, the acknowledgment of satisfaction of matured installments under the installment judgment is not effective and does not affect the judgment lien unless the acknowledgment is executed by or approved in writing by the designated officer.

724.260. In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney's fees to the
prevailing party.



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