California Enforcement of Judgments Law (EJL)
This section is: Division
2: Chapter 1 -- General Provisions
Outline of the California Enforcement of Judgments
Law
Division 1 -- Definitions and General Provisions
Division 2 -- Enforcement of Money
Judgments
Chapter 1 -- General Provisions
Chapter 2 -- Liens
Chapter 3 -- Execution
Chapter 4 -- Exemptions
Chapter 5 -- Wage Garnishment
Chapter 6 -- Miscellaneous Creditors' Remedies
Division 3 -- Enforcement of Nonmoney Judgments
Division 4 -- Third Party Claims and Related Procedures
Division 5 -- Satisfaction of Judgment
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DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS
CHAPTER 1. GENERAL PROVISIONS
Article 1. Property Subject to
Enforcement of Money Judgment
CODE OF CIVIL PROCEDURE SECTION
695.010-695.070
CCP 695.010
(a) Except as otherwise provided by law, all property of the
judgment debtor is subject to enforcement of a money judgment.
(b) If property of the judgment debtor was attached in the
action but was transferred before entry of the money judgment in favor of the
judgment creditor, the property is subject to enforcement of the money judgment
so long as the attachment lien remains effective.
CCP 695.020
(a) Community property is subject to enforcement of a money
judgment as provided in the Family Code.
(b) Unless the provision or context otherwise requires, if
community property that is subject to enforcement of a money judgment is sought
to be applied to the satisfaction of a money judgment:
(1) Any provision of this division that applies to the
property of the judgment debtor or to obligations owed to the judgment debtor
also applies to the community property interest of the spouse of the judgment
debtor and to obligations owed to the other spouse that are community property.
(2) Any provision of this division that applies to property in
the possession or under the control of the judgment debtor also applies to
community property in the possession or under the control of the spouse of the
judgment debtor.
CCP 695.030
(a) Except as otherwise provided by statute, property of the
judgment debtor that is not assignable or transferable is not subject to
enforcement of a money judgment.
(b) The following property is subject to enforcement of a
money judgment:
(1) An interest in a trust, to the extent provided by law.
(2) A cause of action for money or property that is the
subject of a pending action or special proceeding.
CCP 695.035
(a) A lessee's interest in real property may be applied to the
satisfaction of a money judgment in any of the following circumstances:
(1) If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease.
(2) If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease subject to standards or conditions
and the purchaser at the execution sale or other assignee agrees to comply with
the standards or conditions that would have had to be complied with had the
lessee voluntarily sublet the property or assigned the interest in the lease.
(3) If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease with the consent of the lessor, in
which case the obligation of the lessor to consent to the assignment is subject
to the same standard that would apply had the lessee voluntarily sublet the
property or assigned the interest in the lease.
(4) In any other case, if the lessor consents in writing.
(b) A provision in a lease for the termination or modification
of the lease upon an involuntary transfer or assignment of the lessee's interest
is ineffective to the extent that such provision would prevent the application
of the lessee's interest to the satisfaction of the money judgment under
subdivision (a).
CCP 695.040
Property that is not subject to enforcement of a money
judgment may not be levied upon or in any other manner applied to the
satisfaction of a money judgment. If property that is not subject to enforcement
of a money judgment has been levied upon, the property may be released pursuant
to the claim of exemption procedure provided in Article 2 (commencing with
Section 703.510) of Chapter 4.
CCP 695.050
A money judgment against a public entity is not enforceable
under this division if the money judgment is subject to Chapter 1 (commencing
with Section 965) of, or Article 1 (commencing with Section 970) of Chapter 2
of, Part 5 of Division 3.6 of Title 1 of the Government Code.
CCP 695.060
Except as provided in Section 708.630, a license issued by a
public entity to engage in any business, profession, or activity is not subject
to enforcement of a money judgment.
CCP 695.070
(a) Notwithstanding the transfer or encumbrance of property
subject to a lien created under this division, if the property remains subject
to the lien after the transfer or encumbrance, the money judgment may be
enforced against the property in the same manner and to the same extent as if it
had not been transferred or encumbered.
(b) If the judgment debtor dies after the transfer of property
that remains subject to a lien created under this division, the money judgment
may be enforced against the property as provided in subdivision (a).
Article 2. Amount to Satisfy Money
Judgment
(CODE OF CIVIL PROCEDURE SECTION
695.210-695.221
CCP 695.210
The amount required to satisfy a money judgment is the total
amount of the judgment as entered or renewed with the following additions and
subtractions:
(a) The addition of costs added to the judgment pursuant to
Section 685.090.
(b) The addition of interest added to the judgment as it
accrues pursuant to Sections 685.010 to 685.030, inclusive.
(c) The subtraction of the amount of any partial satisfactions
of the judgment.
(d) The subtraction of the amount of any portion of the
judgment that is no longer enforceable.
CCP 695.211.
(a) Every money judgment or order for child support shall
provide notice that interest on arrearages accrues at the legal rate.
(b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
(c) Upon implementation of the California Child Support
Automation System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and certification of
the California Child Support Automation System by the United States Department
of Health and Human Services, whenever a statement of account is issued by the
local child support agency in any child support action, the statement shall
include a statement of an amount of current support, arrears, and interest due.
CCP 695.220 [OMITTED]
CCP 695.221. [OMITTED]
CCP 695.221. [OMITTED]
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