CHAPTER 6. Miscellaneous Creditors’ Remedies [708.010. - 709.030.]

Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2.

§§ 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…