BlackletterCalifornia law

TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010. - 724.260.]

Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2.

§§ 680.010–724.260 · 523 sections

  1. DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS §§ 680.010–694.090 · 113 sections
    1. CHAPTER 1. Short Title and Definitions §§ 680.010–680.380 · 33 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 680.340 “Secured party” means “secured party” as defined in paragraph (73) 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 (74) 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.
    2. CHAPTER 2. General Provisions §§ 681.010–681.050 · 6 sections
      • § 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…
      • § 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…
      • § 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…
      • § 681.035 The California Law Revision Commission is authorized to maintain a continuing review of and submit recommendations to the Governor and the Legislature…
      • § 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…
      • § 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…
    3. CHAPTER 3. Period for Enforcement and Renewal of Judgments §§ 683.010–683.320 · 19 sections
      1. ARTICLE 1. Period for Enforcement of Judgments §§ 683.010–683.050 · 5 sections
        • § 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…
        • § 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…
        • § 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…
        • § 683.050 (a) Except as provided in subdivision (b), nothing in this chapter limits any right the judgment creditor may have to bring an action on a judgment, but any…
      2. ARTICLE 2. Renewal of Judgments §§ 683.110–683.220 · 12 sections
        • § 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…
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      3. ARTICLE 3. Application of Chapter §§ 683.310–683.320 · 2 sections
        • § 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.
    4. CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers §§ 684.010–684.310 · 13 sections
      1. ARTICLE 1. Service on Attorney of Creditor or Debtor §§ 684.010–684.050 · 5 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      2. ARTICLE 2. Manner of Service Generally §§ 684.110–684.140 · 5 sections
        • § 684.110 (a) (1) Subject to subdivisions (b), (c), and (d), if legal process is required to be personally served under this title, service shall be made in the same…
        • § 684.115 (a) A financial institution may, and if it has more than nine branches or offices at which it conducts its business within this state shall, designate one or…
        • § 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…
        • § 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…
        • § 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,…
      3. ARTICLE 3. Proof of Service §§ 684.210–684.220 · 2 sections
        • § 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…
        • § 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…
      4. ARTICLE 4. Application of Chapter § 684.310 · 1 section
        • § 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…
    5. CHAPTER 5. Interest and Costs §§ 685.010–685.110 · 11 sections
      • § 685.010 (a) (1) Except as provided in paragraph (2), interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining…
      • § 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…
      • § 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…
      • § 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…
      • § 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)…
      • § 685.070 (a) The judgment creditor may claim under this section the following costs of enforcing a judgment, which shall not include costs exempted under this title:…
      • § 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,…
      • § 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…
      • § 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…
      • § 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…
      • § 685.110 Nothing in this chapter affects the law relating to prejudgment interest.
    6. CHAPTER 6. Enforcement After Death of Judgment Creditor or Judgment Debtor §§ 686.010–686.020 · 2 sections
      • § 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…
      • § 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…
    7. CHAPTER 7. Levying Officers §§ 687.010–687.050 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    8. CHAPTER 8. Enforcement of State Tax Liability §§ 688.010–688.110 · 6 sections
      1. ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy §§ 688.010–688.050 · 5 sections
        • § 688.010 A proceeding for the purpose of the remedies provided under this article is a limited civil case if (a) the amount of liability sought to be collected does not…
        • § 688.020 (a) Except as otherwise provided by statute, if a warrant may properly be issued by the state, or by a department or agency of the state, pursuant to any…
        • § 688.030 (a) If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or Unemployment…
        • § 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…
        • § 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…
      2. ARTICLE 2. Enforcement of Judgment for Taxes § 688.110 · 1 section
        • § 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…
    9. CHAPTER 9. Enforcement of Support Judgments §§ 689.010–689.050 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    10. CHAPTER 10. Enforcement of Judgments by Labor Commissioner §§ 690.020–690.050 · 4 sections
      • § 690.020 For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court.
      • § 690.030 (a) Except as otherwise provided by statute, whenever a warrant or notice of levy may properly be issued by the Labor Commissioner pursuant to Section 96.8 of…
      • § 690.040 (a) Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the…
      • § 690.050 (a) Notwithstanding any other law, in the case of a writ of execution issued by a court of competent jurisdiction pursuant to Chapter 3 (commencing with…
    11. CHAPTER 20. Transitional Provisions §§ 694.010–694.090 · 9 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
  2. DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS §§ 695.010–709.030 · 326 sections
    1. CHAPTER 1. General Provisions §§ 695.010–695.221 · 13 sections
      1. ARTICLE 1. Property Subject to Enforcement of Money Judgment §§ 695.010–695.070 · 8 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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.…
        • § 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,…
        • § 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…
        • § 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…
      2. ARTICLE 2. Amount to Satisfy Money Judgment §§ 695.210–695.221 · 5 sections
        • § 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)…
        • § 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…
        • § 695.215 Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not…
        • § 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…
        • § 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…
    2. CHAPTER 2. Liens §§ 697.010–697.920 · 42 sections
      1. ARTICLE 1. General Provisions §§ 697.010–697.060 · 6 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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)…
        • § 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…
        • § 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…
      2. ARTICLE 2. Judgment Lien on Real Property §§ 697.310–697.420 · 12 sections
        • § 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…
        • § 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…
        • § 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’…
        • § 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…
        • § 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…
        • § 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…
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 697.420 (a) A judgment creditor may apply to the court for an order reinstating a judgment lien on real property with the same priority it held immediately before it…
      3. ARTICLE 3. Judgment Lien on Personal Property §§ 697.510–697.680 · 17 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 697.680 (a) A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation.…
      4. ARTICLE 4. Execution Lien §§ 697.710–697.750 · 5 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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,…
      5. ARTICLE 5. Other Liens Created by Enforcement Process §§ 697.910–697.920 · 2 sections
        • § 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…
        • § 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…
    3. CHAPTER 3. Execution §§ 699.010–701.830 · 71 sections
      1. ARTICLE 1. General Provisions §§ 699.010–699.090 · 8 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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)…
        • § 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…
      2. ARTICLE 2. Writ of Execution and Notice of Levy §§ 699.510–699.560 · 7 sections
        • § 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…
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 699.560 (a) Except as provided in subdivisions (b) and (c), the writ expires and the levying officer to whom the writ of execution is delivered shall return the writ…
      3. ARTICLE 3. Property Subject to Execution §§ 699.710–699.730 · 3 sections
        • § 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…
        • § 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…
        • § 699.730 (a) Notwithstanding any other law, the principal place of residence of a judgment debtor is not subject to sale under execution of a judgment lien based on a…
      4. ARTICLE 4. Methods of Levy §§ 700.010–700.200 · 21 sections
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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.…
        • § 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,…
        • § 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…
        • § 700.140 (a) Subject to Sections 684.115 and 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of execution and a…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
      5. ARTICLE 5. Duties and Liabilities of Third Persons After Levy §§ 701.010–701.070 · 8 sections
        • § 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…
        • § 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…
        • § 701.030 (a) At the time of service of a copy of the legal process on a third person, the levying officer shall request the third person to give the levying officer a…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      6. ARTICLE 6. Sale and Collection §§ 701.510–701.680 · 21 sections
        • § 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…
        • § 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.…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
        • § 701.555 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 701.660 When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as a documentary…
        • § 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…
        • § 701.680 (a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall not be set aside for any reason.…
      7. ARTICLE 7. Distribution of Proceeds of Sale or Collection §§ 701.810–701.830 · 3 sections
        • § 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…
        • § 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…
        • § 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,…
    4. CHAPTER 4. Exemptions §§ 703.010–704.995 · 82 sections
      1. ARTICLE 1. General Provisions §§ 703.010–703.150 · 15 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 703.130 Pursuant to the authority of paragraph (2) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth in subsection (d)…
        • § 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…
        • § 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…
      2. ARTICLE 2. Procedure for Claiming Exemptions After Levy §§ 703.510–703.610 · 11 sections
        • § 703.510 (a) Except as otherwise provided by statute, property that has been levied upon may be claimed to be exempt as provided in this article. (b) If property in a…
        • § 703.520 (a) The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of…
        • § 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…
        • § 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)…
        • § 703.550 (a) Within 15 days after service of the notice of claim of exemption, a judgment creditor who opposes the claim of exemption shall file with the court a notice…
        • § 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…
        • § 703.570 (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the…
        • § 703.580 (a) The claim of exemption and notice of opposition to the claim of exemption do not constitute an appearance pursuant to Section 1014. The power of the court…
        • § 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,…
        • § 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…
      3. ARTICLE 3. Exempt Property §§ 704.010–704.235 · 30 sections
        • § 704.010 (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500): (1) The aggregate equity in motor vehicles. (2)…
        • § 704.020 (a) Household furnishings, appliances, provisions, wearing apparel, and other personal effects are exempt in the following cases: (1) If ordinarily and…
        • § 704.030 Material that in good faith is about to be applied to the repair or improvement of a residence is exempt if the equity in the material does not exceed three…
        • § 704.040 Jewelry, heirlooms, and works of art are exempt to the extent that the aggregate equity therein does not exceed eight thousand seven hundred twenty-five…
        • § 704.050 (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and…
        • § 704.060 (a) Tools, implements, instruments, materials, uniforms, furnishings, books, equipment, one commercial motor vehicle, one vessel, and other personal property…
        • § 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…
        • § 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…
        • § 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…
        • § 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.…
        • § 704.105 Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section…
        • § 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…
        • § 704.111 Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.
        • § 704.113 (a) As used in this chapter, “vacation credits” means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by…
        • § 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…
        • § 704.115 (a) As used in this section, “retirement plan” means: (1) Private retirement plans, including, but not limited to, union retirement plans. (2) Profit-sharing…
        • § 704.120 (a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without…
        • § 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.…
        • § 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)…
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 704.210 Property that is not subject to enforcement of a money judgment is exempt without making a claim.
        • § 704.220 (a) Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for…
        • § 704.225 Money in a judgment debtor’s deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment…
        • § 704.230 Money provided to the judgment debtor by the Federal Emergency Management Agency (FEMA) is exempt without making a claim.
        • § 704.235 (a) A one-time lump-sum payment made from a HOPE trust account, as defined in subdivision (a) of Section 18997.51 of the Welfare and Institutions Code, shall…
      4. ARTICLE 4. Homestead Exemption §§ 704.710–704.850 · 15 sections
        • § 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…
        • § 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…
        • § 704.730 (a) The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
      5. ARTICLE 5. Declared Homesteads §§ 704.910–704.995 · 11 sections
        • § 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…
        • § 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…
        • § 704.930 (a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both…
        • § 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…
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
    5. CHAPTER 5. Wage Garnishment §§ 706.010–706.154 · 56 sections
      1. ARTICLE 1. Short Title; Definitions §§ 706.010–706.011 · 2 sections
        • § 706.010 This chapter shall be known and may be cited as the “Wage Garnishment Law.”
        • § 706.011 As used in this chapter: (a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be…
      2. ARTICLE 2. General Provisions §§ 706.020–706.034 · 15 sections
        • § 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…
        • § 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…
        • § 706.022 (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      3. ARTICLE 3. Restrictions on Earnings Withholding §§ 706.050–706.052 · 3 sections
        • § 706.050 (a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject…
        • § 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…
        • § 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…
      4. ARTICLE 4. Earnings Withholding Order for Taxes §§ 706.070–706.084 · 13 sections
        • § 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”…
        • § 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…
        • § 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…
        • § 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.…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      5. ARTICLE 5. Procedure for Earnings Withholding Orders and Exemption Claims §§ 706.100–706.109 · 9 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 706.104 Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to…
        • § 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…
        • § 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…
        • § 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.
      6. ARTICLE 6. Forms; Employer’s Instructions §§ 706.120–706.129 · 10 sections
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
        • § 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…
        • § 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.…
        • § 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)…
        • § 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…
        • § 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,…
        • § 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…
      7. ARTICLE 7. Administration and Enforcement §§ 706.151–706.154 · 4 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
    6. CHAPTER 6. Miscellaneous Creditors’ Remedies §§ 708.010–709.030 · 62 sections
      1. ARTICLE 1. Written Interrogatories to Judgment Debtor §§ 708.010–708.030 · 3 sections
        • § 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…
        • § 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)…
        • § 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…
      2. ARTICLE 2. Examination Proceedings §§ 708.110–708.205 · 12 sections
        • § 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…
        • § 708.111 (a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after…
        • § 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…
        • § 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…
        • § 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…
        • § 708.150 (a) (1) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an…
        • § 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…
        • § 708.170 (a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      3. ARTICLE 3. Creditor’s Suit §§ 708.210–708.290 · 9 sections
        • § 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…
        • § 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…
        • § 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)…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      4. ARTICLE 4. Charging Orders §§ 708.310–708.320 · 2 sections
        • § 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…
        • § 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…
      5. ARTICLE 5. Lien in Pending Action or Proceeding §§ 708.410–708.480 · 8 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      6. ARTICLE 6. Assignment Order §§ 708.510–708.560 · 6 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      7. ARTICLE 7. Receiver to Enforce Judgment §§ 708.610–708.630 · 3 sections
        • § 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,…
        • § 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…
        • § 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.…
      8. ARTICLE 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity §§ 708.710–708.795 · 13 sections
        • § 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,…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      9. ARTICLE 9. Enforcement Against Franchise §§ 708.910–708.930 · 3 sections
        • § 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…
        • § 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…
        • § 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…
      10. ARTICLE 10. Other Enforcement Procedures §§ 709.010–709.030 · 3 sections
        • § 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…
        • § 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…
        • § 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…
  3. DIVISION 3. ENFORCEMENT OF NONMONEY JUDGMENTS §§ 712.010–717.010 · 19 sections
    1. CHAPTER 1. General Provisions §§ 712.010–712.070 · 7 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 712.070 Except as provided in Section 695.050, a judgment against a public entity is enforceable under this division.
    2. CHAPTER 2. Judgment for Possession of Personal Property §§ 714.010–714.030 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    3. CHAPTER 3. Judgment for Possession of Real Property §§ 715.010–715.050 · 5 sections
      • § 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…
      • § 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.…
      • § 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…
      • § 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…
      • § 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…
    4. CHAPTER 4. Judgment for Sale of Property §§ 716.010–716.030 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    5. CHAPTER 5. Other Judgments § 717.010 · 1 section
      • § 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…
  4. DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES §§ 720.010–720.800 · 47 sections
    1. CHAPTER 1. Definitions §§ 720.010–720.030 · 3 sections
      • § 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…
      • § 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.
    2. CHAPTER 2. Third-Party Claims of Ownership and Possession §§ 720.110–720.170 · 7 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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)…
      • § 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…
    3. CHAPTER 3. Third-Party Claim of Security Interest or Lien §§ 720.210–720.290 · 9 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    4. CHAPTER 4. Hearing on Third-Party Claim §§ 720.310–720.430 · 13 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    5. CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder §§ 720.510–720.550 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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)…
    6. CHAPTER 6. Third-Party Undertaking to Release Property §§ 720.610–720.660 · 6 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    7. CHAPTER 7. Undertakings §§ 720.710–720.800 · 4 sections
      • § 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…
      • § 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…
      • § 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…
  5. DIVISION 5. SATISFACTION OF JUDGMENT §§ 724.010–724.260 · 18 sections
    1. CHAPTER 1. Satisfaction of Judgment §§ 724.010–724.100 · 10 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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,…
      • § 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.…
      • § 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…
      • § 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…
    2. CHAPTER 2. Acknowledgment of Partial Satisfaction of Judgment §§ 724.110–724.120 · 2 sections
      • § 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…
      • § 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…
    3. CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment §§ 724.210–724.260 · 6 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 724.260 In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party.