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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
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