CHAPTER 3. Execution [699.010. - 701.830.]

Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2.

§§ 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,…