DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010. - 694.090.]
Division 1 added by Stats. 1982, Ch. 1364, Sec. 2.
§§ 680.010–694.090 · 113 sections
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.
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…
CHAPTER 3. Period for Enforcement and Renewal of Judgments §§ 683.010–683.320 · 19 sections
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…
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…
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.
CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers §§ 684.010–684.310 · 13 sections
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…
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,…
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…
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…
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.
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…
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…
CHAPTER 8. Enforcement of State Tax Liability §§ 688.010–688.110 · 6 sections
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…
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…
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…
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…
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…