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CCP 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 of the proper court that a third person has possession or
control of property in which the judgment debtor has an interest or is indebted
to the judgment debtor in an amount exceeding two hundred fifty dollars ($250),
the court shall make an order directing the third person to appear before the
court, or before a referee appointed by the court, at a time and place specified
in the order, to answer concerning such property or debt. The affidavit in
support of the judgment creditor's application may be based on the affiant's
information and belief.
(b) Not less than 10 days prior to the date set for the
examination, a copy of the order shall be:
(1) Served personally on the third person.
(2) Served personally or by mail on the judgment debtor.
(c) If the property in the third person's possession or
control in which the judgment debtor has an interest or the debt owed by the
third person to the judgment debtor is described in the affidavit or application
for an order under subdivision (a) in a manner reasonably adequate to permit it
to be identified, service of the order on the third person creates a lien on the
judgment debtor's interest in the property or on the debt for a period of one
year from the date of the order unless extended or sooner terminated by the
court.
(d) The judgment debtor may claim that all or any portion of
the property or debt is exempt from enforcement of a money judgment by
application to the court on noticed motion, filed with the court and personally
served on the judgment creditor not later than three days before the date set
for the examination. The judgment debtor shall execute an affidavit in support
of the application that includes all of the matters set forth in subdivision (b)
of Section 703.520
If a claim of exemption is made pursuant to this section, a
notice of opposition to the claim of exemption is not required. The court shall
determine any claim of exemption made pursuant to this section. Failure of the
judgment debtor to make a claim of exemption does not preclude the judgment
debtor from later claiming the exemption unless the property or debt is
described in the order in a manner reasonably adequate to permit it to be
identified and the judgment debtor receives notice of the examination proceeding
at least 10 days before the date set for the examination.
(e) An order made pursuant to subdivision (a) shall contain
the following statements in 14-point boldface type if printed or in capital
letters if typed:
(1) "NOTICE TO PERSON SERVED. If you fail to appear at the
time and place specified in this order, you may be subject to arrest and
punishment for contempt of court and the court may make an order requiring you
to pay the reasonable attorney's fees incurred by the judgment creditor in this
proceeding."
(2) "NOTICE TO JUDGMENT DEBTOR. The person in whose favor the
judgment was entered in this action claims that the person to be examined
pursuant to this order has possession or control of property which is yours or
owes you a debt. This property or debt is as follows: (Description of property
or debt). If you claim that all or any portion of this property or debt is
exempt from enforcement of the money judgment, you must file your exemption
claim in writing with the court and personally serve a copy on the judgment
creditor not later than three days before the date set for the examination. You
must appear at the time and place set for this examination to establish your
claim of exemption or your exemption may be waived."
(f) An order made pursuant to subdivision (a) is not
effective unless, at the time it is served on the third person, the person
serving the order tenders to the third person fees for the mileage necessary to
be traveled from the third person's residence to the place of examination. The
mileage fees shall be in the same amount generally provided for witnesses when
legally required to attend civil proceedings in the court where the examination
proceeding is to be conducted.
CCP 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 trial of an issue.
(b) The privilege prescribed by Article 4 (commencing with
Section 970) of Chapter 4 of Division 8 of the Evidence Code does not apply in
an examination proceeding under this article.
CCP 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 order authorized by Section 708.205, may make a protective
order authorized by Section 708.200, and may issue a warrant authorized by
Section 708.170, and has the same power as the court to grant adjournments, to
preserve order, and to subpoena witnesses to attend the examination, but only
the court that ordered the reference has power to do the following:
(1) Punish for contempt for disobeying an order of the
referee.
(2) Make an award of attorney's fees pursuant to Section
708.170.
(3) Determine a contested claim of exemption or determine a
third-party claim under Section 708.180.
(b) Only a member of the State Bar of California is eligible
for appointment as a referee pursuant to this article. A person who was duly
appointed as a referee prior to July 1, 1983, pursuant to the law in operation
at the time of appointment, and who is available to perform the duties of a
referee on July 1, 1983, shall be exempt from the requirements of this
subdivision.
(c) Nothing in subdivision (a) limits the power of a court
to appoint a temporary judge pursuant to Section 21 of Article VI of the
California Constitution.
CCP 708.150
(a) If a corporation, partnership, association, trust, or
other organization is served with an order to appear for an examination, it
shall designate to appear and be examined one or more officers, directors,
managing agents, or other persons who are familiar with its property and debts.
(b) If the order to appear for an examination requires the
appearance of a specified individual, the specified individual shall appear for
the examination and may be accompanied by one or more officers, directors,
managing agents, or other persons familiar with the property and debts of the
corporation, partnership, association, trust, or other organization.
(c) If the order to appear for the examination does not
require the appearance of a specified individual, the order shall advise the
corporation, partnership, association, trust, or other organization of its duty
to make a designation under subdivision (a).
(d) A corporation, partnership, association, trust, or other
organization, whether or not a party, may appear at an examination through any
authorized officer, director, or employee, whether or not the person is an
attorney.
CCP 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 entered.
(b) A person sought to be examined may not be required to
attend an examination before a court located outside the county in which the
person resides or has a place of business unless the distance from the person's
place of residence or place of business to the place of examination is less than
150 miles.
(c) If a person sought to be examined does not reside or
have a place of business in the county where the judgment is entered, the
superior court in the county where the person resides or has a place of business
is a proper court for examination of the person.
(d) If the judgment creditor seeks an examination of a
person before a court other than the court in which the judgment is entered, the
judgment creditor shall file an application that shall include all of the
following:
(1) An abstract of judgment in the form prescribed by Section
674.
(2) An affidavit in support of the application stating the
place of residence or place of business of the person sought to be examined.
(3) Any necessary affidavit or showing for the examination as
required by Section 708.110 or 708.120.
(4) The filing fee for a motion as provided in subdivision (a)
of Section 70617 of the Government Code.
CCP 708.170
(a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially appointed by
the court in the order, or a registered process server, and the person fails to
appear:
(1) The court may do either of the following:
(A) Pursuant to a warrant, have the person brought before the
court to answer for the failure to appear and may punish the person for
contempt.
(B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.
(2) If the person's failure to appear is without good cause,
the judgment creditor shall be awarded reasonable attorney's fees incurred in
the examination proceeding. Attorney's fees awarded against the judgment debtor
shall be added to and become part of the principal amount of the judgment.
(b) A person who willfully makes an improper service of an
order for an examination which subsequently results in the arrest pursuant to
subdivision (a) of the person who fails to appear is guilty of a misdemeanor.
CCP 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 denies the debt, the court may, if the judgment creditor so
requests, determine the interests in the property or the existence of the debt.
The determination is conclusive as to the parties to the proceeding and the
third person, but an appeal may be taken from the determination. The court may
grant a continuance for a reasonable time for discovery proceedings, the
production of evidence, or other preparation for the hearing.
(b) The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith and any of the
following conditions is satisfied:
(1) The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the determination of
the interests in the property or the existence of the debt, and the third person
objects to the determination of the matter under subdivision (a).
(2) At the time an order for examination pursuant to Section
708.120 is served on the third person a civil action (including a creditor's
suit) is pending with respect to the interests in the property or the existence
of the debt.
(3) The court determines that the interests in the property or
the existence of the debt should be determined in a creditor's suit.
(c) Upon application of the judgment creditor made ex parte,
the court may make an order forbidding transfer of the property to the judgment
debtor or payment of the debt to the judgment debtor until the interests in the
property or the existence of the debt is determined pursuant to subdivision (a)
or until a creditor's suit may be commenced and an order obtained pursuant to
Section 708.240
An undertaking may be required in the discretion of the court.
The court may modify or vacate the order at any time with or without a hearing
on such terms as are just.
(d) Upon application of the judgment creditor upon noticed
motion, the court may, if it determines that the judgment debtor probably owns
an interest in the property or that the debt probably is owed to the judgment
debtor, make an order forbidding the transfer or other disposition of the
property to any person or forbidding payment of the debt until the interests in
the property or the existence of the debt is determined pursuant to subdivision
(a) or until a creditor's suit may be commenced and an order obtained pursuant
to Section 708.240
The court shall require the judgment creditor to furnish an
undertaking as provided in Section 529. The court may modify or vacate the order
at any time after notice and hearing on such terms as are just.
CCP 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 may determine the person's rights in the property or debt
pursuant to Section 708.180.
CCP 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 require.
CCP 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 the property in the possession or under the control of the
judgment debtor or the third person or a debt owed by the third person to the
judgment debtor to be applied toward the satisfaction of the money judgment if
the property is not exempt from enforcement of a money judgment. Such an order
creates a lien on the property or debt.
(b) If a third person examined pursuant to Section 708.120
claims an interest in the property adverse to the judgment debtor or denies the
debt and the court does not determine the matter as provided in subdivision (a)
of Section 708.180, the court may not order the property or debt to be applied
toward the satisfaction of the money judgment but may make an order pursuant to
subdivision (c) or (d) of Section 708.180 forbidding transfer or payment to the
extent authorized by that section.
Article 3. Creditor's Suit
CODE OF CIVIL PROCEDURE SECTION 708.210-708.290
CCP 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 creditor may bring an action against the third person to have the
interest or debt applied to the satisfaction of the money judgment.
CCP 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 not be considered in the determination of proper venue
unless otherwise provided by contract between the judgment debtor and the third
person.
CCP 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) The time when the judgment debtor may bring an action
against the third person concerning the property or debt.
(2) One year after creation of a lien on the property or debt
pursuant to this title if the lien is created at the time when the judgment
debtor may bring an action against the third person concerning the property or
debt.
(b) An action may not be commenced pursuant to this article
after the period for enforcement of the money judgment has expired.
(c) Notwithstanding Section 683.020, if an action is
commenced pursuant to this article within the time permitted in this section,
the action may be prosecuted to judgment.
CCP 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 third person from transferring
to the judgment debtor the property in which the judgment debtor is claimed to
have an interest or from paying to the judgment debtor the alleged debt. The
order shall be made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the order may be made on ex parte application. The order
shall remain in effect until judgment is entered in the action or until such
earlier time as the court may provide in the order. An undertaking may be
required in the discretion of the court. The court may modify or vacate the
order at any time with or without a hearing on such terms as are just.
(b) A temporary restraining order or a preliminary
injunction or both, restraining the third person from transferring to any person
or otherwise disposing of the property in which the judgment debtor is claimed
to have an interest, pursuant to Chapter 3 (commencing with Section 525) of
Title 7, and the court may make, dissolve, and modify such orders as provided
therein.
CCP 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 the subject of an action under this article.
CCP 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 money judgment. The claim shall be made by
application to the court on noticed motion, filed with the court and served on
the judgment creditor not later than 30 days before the date set for trial.
Service shall be made personally or by mail. The judgment debtor shall execute
an affidavit in support of the application that includes all of the matters set
forth in subdivision (b) of Section 703.520
No notice of opposition to the claim of exemption is required.
If the judgment debtor has not been named as a party to the action, the judgment
debtor may obtain an order under Section 389 that the judgment debtor be made a
party. Except as provided in subdivision (b), failure of the judgment debtor to
make a claim of exemption is a waiver of the exemption.
(b) Failure of the judgment debtor to make a claim of
exemption in an action brought pursuant to this article is not a waiver of the
exemption if both of the following conditions are satisfied:
(1) The judgment debtor has not been served with process in
the action that contains a description of the property or debt reasonably
adequate to permit it to be identified.
(2) The judgment debtor does not have actual notice of the
pendency of the action and the identity of the property or the nature of the
debt in issue.
CCP 708.270
There is no right to a jury trial in an action under this
article.
CCP 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 debt is exempt from enforcement of a money judgment, the
court shall so adjudge and may not make the orders referred to in subdivisions
(b), (c), and (d).
(b) If the judgment creditor establishes that the third
person has property in which the judgment debtor has an interest or is indebted
to the judgment debtor, the court shall render judgment accordingly. The
property or debt may be applied to the satisfaction of the judgment creditor's
judgment against the judgment debtor as ordered by the court.
(c) If the court determines that the third person has
property in which the judgment debtor has an interest, the court may order the
third person not to transfer the property until it can be levied upon or
otherwise applied to the satisfaction of the judgment.
(d) If the court determines that the third person has
transferred property that was subject to a lien in favor of the judgment
creditor or, contrary to court order of which the third person has notice, has
paid the debt to the judgment debtor or has transferred the property, the court
shall render judgment against the third person in an amount equal to the lesser
of the following:
(1) The value of the judgment debtor's interest in the
property or the amount of the debt.
(2) The amount of the judgment creditor's judgment against the
judgment debtor remaining unsatisfied.
CCP 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 the judgment.
Article 4. Charging Orders
CODE OF CIVIL PROCEDURE SECTION 708.310-708.320
CCP 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 partnership or limited liability company may be applied
toward the satisfaction of the judgment by an order charging the judgment
debtor's interest pursuant to Section 15673, 16504, or 17302 of the Corporations
Code.
CCP 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 the judgment debtor and on either of the following:
(1) All partners or the partnership.
(2) All members or the limited liability company.
(b) If a charging order is issued, the lien created pursuant
to subdivision (a) continues under the terms of the order. If issuance of the
charging order is denied, the lien is extinguished.
Article 5. Lien in Pending Action or
Proceeding
CODE OF CIVIL PROCEDURE SECTION 708.410-708.480
CCP 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 article, to the extent required to satisfy the judgment
creditor's money judgment, on both of the following:
(1) Any cause of action of such judgment debtor for money or
property that is the subject of the action or proceeding.
(2) The rights of such judgment debtor to money or property
under any judgment subsequently procured in the action or proceeding.
(b) To obtain a lien under this article, the judgment
creditor shall file a notice of lien and an abstract or certified copy of the
judgment creditor's money judgment in the pending action or special proceeding.
(c) At the time of the filing under subdivision (b) or
promptly thereafter, the judgment creditor shall serve on all parties who, prior
thereto, have made an appearance in the action or special proceeding a copy of
the notice of lien and a statement of the date when the notice of lien was filed
in the action or special proceeding. Service shall be made personally or by
mail. Failure to serve all parties as required by this subdivision does not
affect the lien created by the filing under subdivision (b), but the rights of a
party are not affected by the lien until the party has notice of the lien.
(d) For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the judgment has expired
or, if an appeal is filed, until the appeal has been finally determined.
CCP 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 the court and the cause and number of the pending
action or proceeding in which the notice of lien is filed.
(b) The name and last known address of the judgment debtor.
(c) The name and address of the judgment creditor.
(d) The title of the court where the judgment creditor's
money judgment is entered and the cause and number of the action, the date of
entry of the judgment, and the date of any subsequent renewals, and where
entered in the records of the court.
(e) The amount required to satisfy the judgment creditor's
money judgment at the time the notice of lien is filed in the action or
proceeding.
(f) A statement that the lien attaches to any cause of
action of the judgment debtor that is the subject of the action or proceeding
and to the judgment debtor's rights to money or property under any judgment
subsequently procured in the action or proceeding.
(g) A statement that no compromise, dismissal, settlement,
or satisfaction of the pending action or proceeding or any of the judgment
debtor's rights to money or property under any judgment procured therein may be
entered into by or on behalf of the judgment debtor, and that the judgment
debtor may not enforce the judgment debtor's rights to money or property under
any judgment procured in the action or proceeding by a writ or otherwise, unless
one of the following requirements is satisfied:
(1) The prior approval by order of the court in which the
action or proceeding is pending has been obtained.
(2) The written consent of the judgment creditor has been
obtained or the judgment creditor has released the lien.
(3) The money judgment of the judgment creditor has been
satisfied.
(h) A statement that the judgment debtor may claim an
exemption for all or any portion of the money or property within 30 days after
the judgment debtor has notice of the creation of the lien and a statement that,
if the exemption is not claimed within the time allowed, the exemption is
waived.
CCP 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 action or proceeding pursuant to Section 387.
(b) For the purposes of Sections 708.450 and 708.470, a
judgment creditor shall be deemed to be a party to the action or special
proceeding even though the judgment creditor has not become a party to the
action or proceeding under subdivision (a).
CCP 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 judgment recovered in the action or special proceeding in
favor of the judgment debtor may not be enforced by a writ or otherwise, and no
compromise, dismissal, settlement, or satisfaction of the pending action or
special proceeding or the judgment procured therein may be entered into by or on
behalf of the judgment debtor, without the written consent of the judgment
creditor or authorization by order of the court obtained under subdivision (b).
(b) Upon application by the judgment debtor, the court in
which the action or special proceeding is pending or the judgment procured
therein is entered may, in its discretion, after a hearing, make an order
described in subdivision (a) that may include such terms and conditions as the
court deems necessary. The application for an order under this subdivision shall
be made on noticed motion. The notice of motion shall be served on the judgment
creditor. Service shall be made personally or by mail.
CCP 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 recover in the action or special proceeding is exempt from
enforcement of a money judgment. The claim shall be made by application on
noticed motion to the court in which the action or special proceeding is
pending, filed and served on the judgment creditor not later than 30 days after
the judgment debtor has notice of the creation of the lien. Service shall be
made personally or by mail. The judgment debtor shall execute an affidavit in
support of the application that includes all the matters set forth in
subdivision (b) of Section 703.520
No notice of opposition to the claim of exemption is required.
The failure of the judgment debtor to make a claim of exemption under this
section constitutes a waiver of the exemption.
(b) The court may determine the exemption claim at any time
prior to the entry of judgment in the action or special proceeding or may
consolidate the exemption hearing with the hearing on a motion pursuant to
Section 708.470.
(c) If the judgment debtor establishes to the satisfaction
of the court that the right of the judgment debtor to money or property under
the judgment in the action or special proceeding is all or partially exempt from
enforcement of a money judgment, the court shall order the termination of the
lien created under this article on the exempt portion of the money or property.
CCP 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 the existence of the lien and the time it was created.
(b) Any abstract issued upon the judgment shall include a
statement of the lien in favor of the judgment creditor.
CCP 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 exists, upon application of any party to the action or special
proceeding, the court may order that the judgment debtor's rights to money or
property under the judgment be applied to the satisfaction of the lien created
under this article as ordered by the court. Application for an order under this
section shall be on noticed motion. The notice of motion shall be served on all
other parties. Service shall be made personally or by mail.
(b) If the judgment determines that the judgment debtor has
an interest in property, the court may order the party having custody or control
of the property not to transfer the property until it can be levied upon or
otherwise applied to the satisfaction of the lien created under this article.
(c) If the court determines that a party (other than the
judgment debtor) having notice of the lien created under this article has
transferred property that was subject to the lien or has paid an amount to the
judgment debtor that was subject to the lien, the court shall render judgment
against the party in an amount equal to the lesser of the following:
(1) The value of the judgment debtor's interest in the
property or the amount paid the judgment debtor.
(2) The amount of the judgment creditor's lien created under
this article.
CCP 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 from the judgment has expired.
(b) If an appeal is filed from the judgment subject to the
lien, after the appeal is finally determined.
Article 6. Assignment Order
CODE OF CIVIL PROCEDURE SECTION 708.510-708.560
CCP 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 judgment creditor or to a receiver appointed pursuant to
Article 7 (commencing with Section 708.610) all or part of a right to payment
due or to become due, whether or not the right is conditioned on future
developments, including but not limited to the following types of payments:
(1) Wages due from the federal government that are not subject
to withholding under an earnings withholding order.
(2) Rents.
(3) Commissions.
(4) Royalties.
(5) Payments due from a patent or copyright.
(6) Insurance policy loan value.
(b) The notice of the motion shall be served on the judgment
debtor. Service shall be made personally or by mail.
(c) Subject to subdivisions (d), (e), and (f), in
determining whether to order an assignment or the amount of an assignment
pursuant to subdivision (a), the court may take into consideration all relevant
factors, including the following:
(1) The reasonable requirements of a judgment debtor who is a
natural person and of persons supported in whole or in part by the judgment
debtor.
(2) Payments the judgment debtor is required to make or that
are deducted in satisfaction of other judgments and wage assignments, including
earnings assignment orders for support.
(3) The amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the
right to payment that may be assigned.
(d) A right to payment may be assigned pursuant to this
article only to the extent necessary to satisfy the money judgment.
(e) When earnings or periodic payments pursuant to a pension
or retirement plan are assigned pursuant to subdivision (a), the amount of the
earnings or the periodic payments assigned shall not exceed the amount that may
be withheld from a like amount of earnings under Chapter 5 (commencing with
Section 706.010) (Wage Garnishment Law).
(f) Where a specific amount of the payment or payments to be
assigned is exempt by another statutory provision, the amount of the payment or
payments to be assigned pursuant to subdivision (a) shall not exceed the amount
by which the payment or payments exceed the exempt amount.
CCP 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 debtor from assigning or otherwise disposing of the
right to payment that is sought to be assigned. The application shall be made on
noticed motion if the court so directs or a court rule so requires. Otherwise,
it may be made ex parte.
(b) The court may issue an order pursuant to this section
upon a showing of need for the order. The court, in its discretion, may require
the judgment creditor to provide an undertaking.
(c) The court may modify or vacate the order at any time
with or without a hearing on such terms as are just.
(d) The order shall be personally served upon the judgment
debtor and shall contain a notice to the judgment debtor that failure to comply
with the order may subject the judgment debtor to being held in contempt of
court.
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CCP 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 Code. For the purpose of priority, an assignee of a
right to payment pursuant to this article shall be deemed to be a bona fide
assignee for value under the terms of Section 955.1 of the Civil Code.
(b) An assignment of the right to future rent ordered under
this article is recordable as an instrument affecting real property and the
priority of such an assignment is governed by Section 1214 of the Civil Code.
CCP 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 this section, "obligor" means the person who is
obligated to make payments to the judgment debtor or who may become obligated to
make payments to the judgment debtor depending upon future developments.
CCP 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 noticed motion filed not later than three days
before the date set for the hearing on the judgment creditor's application for
an assignment order. The judgment debtor shall execute an affidavit in support
of the application that includes all of the matters set forth in subdivision (b)
of Section 703.520
Failure of the judgment debtor to make a claim of exemption is
a waiver of the exemption.
(b) The notice of the motion shall be personally served on
the judgment creditor not later than three days before the date set for the
hearing.
(c) The court shall determine any claim of exemption made
pursuant to this section at the hearing on issuance of the assignment order.
CCP 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 notice of motion shall be served on the other party.
Service shall be made personally or by mail.
(b) The court shall make an order modifying or setting aside
the assignment order upon a showing that there has been a material change in
circumstances since the time of the previous hearing on the assignment order.
The court may order a reassignment of the right to payments as necessary. The
order shall state whether and to what extent it applies to payments already
made.
Article 7. Receiver to Enforce Judgment
CODE OF CIVIL PROCEDURE SECTION 708.610-708.630
CCP 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, powers, rights, and duties of a receiver appointed under this
article.
CCP 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 the judgment debtor, the appointment of a receiver is a
reasonable method to obtain the fair and orderly satisfaction of the judgment.
CCP 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.
(b) The court may appoint a receiver for the purpose of
transferring the judgment debtor's interest in an alcoholic beverage license
that is transferable under Article 5 (commencing with Section 24070) of Chapter
6 of Division 9 of the Business and Professions Code, unless the judgment debtor
shows in the proceeding to appoint a receiver that the amount of delinquent
taxes described in Section 24049 of the Business and Professions Code and claims
of creditors with priority over the judgment creditor pursuant to Section 24074
of the Business and Professions Code exceed the probable sale price of the
license.
(c) The receiver may exercise the powers of the licensee as
necessary and in exercising such powers shall comply with the applicable
provisions of Division 9 (commencing with Section 23000) of the Business and
Professions Code and applicable regulations of the Department of Alcoholic
Beverage Control. An application shall be filed to transfer the license to the
receiver and a temporary retail permit shall be obtained during the pendency of
the transfer.
Article 8. Collection of Judgment Where
Judgment Debtor Is Creditor of Public Entity
CODE OF CIVIL PROCEDURE SECTION 708.710-708.795
CCP 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, public authority, public agency, and any other political subdivision
in the state.
(c) "State" means the State of California.
(d) "State agency" means a state office, officer,
department, division, bureau, board, commission or agency claims against which
are paid by warrants drawn by the Controller.
CCP 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 the judgment debtor only in the manner provided by (1)
this article, (2) Chapter 5 (commencing with Section 706.010) (wage
garnishment), or (3) Article 5 (commencing with Section 708.410) (lien in
pending action or proceeding).
(b) The earnings of a public officer or employee shall not
be withheld pursuant to this article. Except as expressly provided by law, the
earnings of a public officer or employee may be withheld for the payment of a
money judgment only pursuant to Chapter 5 (commencing with Section 706.010).
(c) If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special proceeding, the
procedure in this article does not apply. The payment of the obligation that is
the subject of the pending action or special proceeding may be applied to the
satisfaction of the money judgment against the judgment debtor only in the
manner provided in Article 5 (commencing with Section 708.410).
CCP 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 of the money judgment or a certified copy of the money
judgment, together with an affidavit that states that the judgment creditor
desires the relief provided by this article and states the exact amount then
required to satisfy the judgment. The judgment creditor may state in the
affidavit any fact tending to establish the identity of the judgment debtor.
(b) Promptly after filing the abstract or certified copy of
the judgment and the affidavit with the public entity, the judgment creditor
shall serve notice of the filing on the judgment debtor. Service shall be made
personally or by mail.
(c) If the judgment is for support and related costs and
money is owing and unpaid to the judgment debtor by a state agency, including,
but not limited to, money owing and unpaid to the judgment debtor by a state
agency on a claim for refund from the Franchise Tax Board under the Personal
Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the
Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code
or as a result of the judgment debtor's winnings in the California State
Lottery, and the local child support agency is enforcing the support obligation
pursuant to Section 17400 of the Family Code, the claim may be submitted as
follows: The local child support agency may file the affidavit referred to in
subdivision (a) without filing an abstract or certified copy of the judgment. In
lieu thereof, the affidavit shall also state that an abstract of the judgment
could be obtained. Where there is more than one judgment debtor, the local child
support agency may include all the judgment debtors in a single affidavit.
Separate affidavits need not be submitted for each judgment debtor. The
affidavit need not on its face separately identify each judgment debtor or the
exact amount required to satisfy the judgment, so long as it incorporates by
reference forms or other automated data transmittals, as required by the
Department of Child Support Services, which contain this information. Affidavits
submitted pursuant to this subdivision by the local child support agency shall
meet the standards and procedures prescribed by the state agency to which the
affidavit is submitted, except that those affidavits submitted with respect to
moneys owed and unpaid to the judgment debtor as a result of a claim for refund
from the Franchise Tax Board under the Personal Income Tax Law, Part 10
(commencing with Section 17001) of Division 2 of the Revenue and Taxation Code,
or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, shall meet the standards and
procedures prescribed by the Franchise Tax Board.
In serving the notice required by subdivision (b), the
Director of the Department of Child Support Services or his or her designee may
act in lieu of the judgment creditor as to judgments enforced under this
division.
(d) If the judgment is for child, spousal, or family support
and related costs and money is owing and unpaid to the judgment debtor by a
state agency on a claim for refund from the Franchise Tax Board under the
Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2
of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code,
or as a result of the judgment debtor's winnings in the California State
Lottery, the judgment creditor may file with the court an abstract or a
certified copy of the judgment ordering the payment of child, spousal, or family
support, together with a request that the court issue a Notice of Support
Arrearage, as provided in Section 708.780, to which any personal income tax
refunds and lottery winnings owed the judgment debtor by the State of California
will be subject. The request shall be accompanied by an affidavit, signed under
penalty of perjury, which shall state that the judgment creditor desires the
relief provided by this subdivision and shall state the exact amount then
required to satisfy the judgment. In addition, the affidavit shall specify the
beginning and ending dates of all periods during which the arrearage for support
occurred, specify the arrearage for each month, and state that the support is at
least 90 days overdue or is overdue in an amount equal to 90 days of support. It
shall also certify that the child or children are not recipients, and during the
period for which payment is requested, were not recipients, of Aid to Families
with Dependent Children and there was no assignment to a state or county agency
of support and shall certify on information and belief that there is not current
or past action by a district attorney pending for support or support enforcement
on the judgment creditor's behalf.
The request shall have attached a proof of service showing
that copies of the request, the affidavit, and the abstract or certified copy of
the judgment ordering the payment of support have been served on the judgment
debtor and the district attorney of the county in which the support judgment is
entered. Service shall be by certified mail, postage prepaid, return receipt
requested, to the last known address of the party to be served, or by personal
service.
This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the action for support
or if support is required to be paid through a district attorney's office.
The Department of Child Support Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on or before
December 31, 2000.
This subdivision shall become operative on January 1, 1996,
and shall become inoperative on December 31, 2000.
(e) For purposes of this section, "support" means an
obligation owing on behalf of a child, spouse, or family, or combination
thereof.
CCP 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 or certified copy of the judgment and the affidavit with the
state agency owing the money to the judgment debtor prior to the time the state
agency presents the claim of the judgment debtor to the Controller. Where the
affidavit is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no abstract
need be filed. Filing of the affidavit with the department shall be sufficient
to require the Controller to transfer the funds claimed by the judgment debtor,
notwithstanding that the claim of the judgment debtor has been filed with
another state agency.
(b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
(1) Note the fact of the filing of the abstract or certified
copy of the judgment and the affidavit.
(2) State the amount required to satisfy the judgment as shown
by the affidavit.
(3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or for any
other purpose.
(c) Except as provided in subdivisions (d) and (e), to
discharge the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the amount due the
judgment debtor (after deducting an amount sufficient to reimburse the state for
any amounts advanced to the judgment debtor or owed by the judgment debtor to
the state) required to satisfy the money judgment as shown by the affidavit in
full or to the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
(d) Where an affidavit stating the existence of a judgment
for support has been submitted to the Department of Child Support Services,
pursuant to subdivision (c) of Section 708.730, to discharge the claim of a
judgment debtor, the Controller shall direct payment to the county agency
designated by the local child support agency in his or her affidavit.
(e) Where the judgment is for support and the money owed is
for lottery winnings or a refund of overpayment of tax, penalty, interest, or
interest allowable with respect to an overpayment under Part 10 (commencing with
Section 17001) of Division 2 of the Revenue and Taxation Code, and the support
obligation is not being enforced pursuant to Section 17400 of the Family Code,
the judgment creditor may file the abstract or certified copy of the judgment
with the local child support agency of the county in which the support judgment
is entered or registered. The local child support agency shall then file the
claim of the judgment creditor pursuant to subdivision (c) of Section 708.730
When funds are received by the local child support agency, it
shall discharge any claim of the judgment debtor by forwarding those sums to the
clerk of the court pursuant to subdivision (c) of this section. Any and all
notices otherwise required of a judgment creditor or the clerk of the court, and
any litigation to enforce rights under this subdivision shall be the
responsibility of the judgment creditor, the same as if service had been
directly on the Controller without the intervention of the local child support
agency.
(f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an affidavit
filed pursuant to subdivision (c) of Section 708.730, the Controller may
disregard the claim of the judgment creditor and forward any and all sums due to
the judgment debtor. In the event that there is more than one claimant for a
refund, the Franchise Tax Board shall have discretion in allocating the
overpayment among claimants.
(g) Should two or more local child support agencies submit
claims on behalf of a judgment creditor, the Controller in his or her discretion
may select which claim or claims he or she shall honor.
(h) Any claims which are honored in behalf of a judgment
creditor shall be considered as refunds of tax overpayments to the judgment
debtor.
(i) For purposes of this section,
"support" means an obligation owing on behalf of a child, spouse, or family, or
combination thereof.
CCP 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 copy of the judgment and the affidavit with the auditor of
the public entity or, if there is no auditor, with the official whose duty
corresponds to that of auditor. To discharge the claim of the judgment debtor,
the auditor or other official shall (1) deposit with the court by a warrant or
check payable to the court, the amount due the judgment debtor (after deducting
an amount sufficient to reimburse the public entity for any amounts advanced to
the judgment debtor or owed by the judgment debtor to the public entity)
required to satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the judgment
debtor.
CCP 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 installments and shall continue in force and effect until the
judgment is paid or expires, whichever occurs first. For the lien to continue in
effect, the judgment creditor shall do all of the following:
(1) Commencing with the second installment against which the
judgment lien creditor asserts its lien, annually file with the lottery an
affidavit stating that the judgment has not been satisfied and the amount of the
remaining unsatisfied judgment, including interest and costs, if any. This
affidavit shall be filed with the lottery not less than 45 days, nor more than
90 days, before the annual payment due date on the prize that is the subject of
the judgment lien.
(2) If the judgment lien is renewed, file with the lottery a
certified copy of the renewal application, as authorized in this code not less
than 45 days, nor more than 90 days, before the annual payment due date on the
prize that is the subject of the judgment lien, in order for the judgment lien
to be effective in continuing the existing judgment lien against the annual
lottery prize payments.
(b) If the judgment lien creditor fails to file the annual
statement, renewal of judgment, or renewal of abstract, the lien shall expire.
Expiration of a lien for failure to comply with this section shall not preclude
the judgment creditor from commencing a new procedure under this article to
enforce the judgment, to the extent that the judgment otherwise continues to be
enforceable under applicable law.
CCP 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 of which is to be paid out of public moneys voted,
appropriated, or otherwise set apart for such purpose, only so much of the
contract price shall be deemed owing and unpaid within the meaning of Section
708.740 or 708.750 as may remain payable under the terms of the contractor's
contract, upon the completion thereof, after deducting sums due and to become
due to persons described in Section 3181 of the Civil Code. In ascertaining the
sums due or to become due to such persons, only claims which are filed against
the moneys due or to become due to the judgment debtor in accordance with the
provisions of Chapter 4 (commencing with Section 3179) of Title 15 of Part 4 of
Division 3 of the Civil Code shall be considered.
(b) The Controller, auditor, or other public disbursing
officer whose duty it is to make payments under the provisions of the contract
may not deposit an amount with the court pursuant to this article until the
contract is completed, but may deposit an amount with the court to satisfy the
claim of the judgment debtor before the payments specified in subdivision (a)
are made so long as a sufficient amount is retained for the satisfaction of the
claims of persons described in Section 3181 of the Civil Code.
CCP 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 served on the judgment debtor. Service shall be made
personally or by mail.
(b) Within 10 days after service of the notice of deposit
pursuant to subdivision (a), the judgment debtor who claims an exemption shall
do both of the following:
(1) File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption. The claim of exemption
shall include all of the matters set forth in subdivision (b) of Section
703.520.
(2) Serve on the judgment creditor a copy of the notice of
motion, a copy of the claim of exemption, and a notice of hearing on the motion.
Service shall be made personally or by mail.
(c) 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 court for good cause.
(d) Within 10 days after the judgment creditor is served
under subdivision (b), the judgment creditor who opposes the motion shall do
both of the following:
(1) File with the court a notice of opposition to the claim of
exemption. The notice of opposition to the claim of exemption shall be executed
under oath and shall include all of the matters set forth in Section 703.560.
(2) Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption. Service shall be made personally or by
mail.
(e) Subdivisions (a) to (d), inclusive, of Section 703.580
and Sections 703.590 and 703.600 apply to a claim of exemption made pursuant to
this section.
(f) The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the exemption.
(g) In lieu of service of the notice of deposit described
herein, where a state agency has been served with an affidavit pursuant to
subdivision (c) of Section 708.730 and has presented the claim of the judgment
creditor to the Controller pursuant to subdivision (a) of Section 708.740, the
state agency shall cause a notice of deposit to be sent to the judgment debtor
instructing the judgment debtor to file any and all requests for relief with the
district attorney who filed the affidavit, or the court clerk if the seizure
arises under subdivision (e) of Section 708.740
Except in those cases arising under subdivision (e) of Section
708.740, the judgment debtor shall file the request for relief with the district
attorney within 15 days after service of notice from the public agency, or the
judgment debtor shall be deemed to have waived any claim he or she might
otherwise have. If the matter cannot be resolved with the district attorney, the
district attorney shall so advise the judgment debtor and the judgment debtor
shall then be authorized to commence proceedings under this section or any other
appropriate provision of law. The notice from the district attorney shall for
any limitation have the same effect as a notice of deposit under subdivision
(a). Service of any notice or request under this subdivision shall be made
personally or by mail.
Claims arising from the filing of an abstract or certified
copy of a judgment, under subdivision (e) of Section 708.740 shall be governed
by the procedure and limitations set forth in subdivisions (a) through (f).
CCP 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 claim of exemption if an exemption is claimed within the
period allowed for claiming the exemption under Section 708.770, the court shall
pay the nonexempt portion of the money deposited to which the judgment creditor
is entitled to the judgment creditor and the balance thereof, if any, to the
judgment debtor, unless some other disposition is required by law.
CCP 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 judgment debtor by the public entity in an amount equal to that
which may properly be applied to the satisfaction of the money judgment under
this article.
(b) When an affidavit is filed pursuant to subdivision (c)
of Section 708.730, it shall apply to all claims for refund from the Franchise
Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank and
Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code, which the judgment debtor subsequently claims
during a period one year after filing of the affidavit, or October 1 of the year
following the filing of the affidavit, whichever occurs later, the same as if
claims for these overpayments were filed by the judgment debtor with the
appropriate state agency on the date the affidavit was filed.
(c) When a request is filed pursuant to subdivision (d) of
Section 708.730 with the court, the clerk of the court shall issue a Notice of
Support Arrearage. The clerk of the court shall issue the notice 30 days after
the request was filed pursuant to subdivision (d) of Section 708.730 without a
hearing if no objection has been raised by the judgment debtor pursuant to this
subdivision. If an objection has been raised, the notice shall not be ordered
until after a hearing. The notice shall contain the name of the person ordered
to pay support and his or her social security number; the amount of the
arrearage determined by the court; whether the arrearage is for child, spousal,
or family support and the specific combination thereof; a statement of how the
recipient may challenge the statement of arrearage; and the name, address, and
social security number of the person to whom the arrearage is owed. Upon the
clerk of the court issuing the Notice of Support Arrearage, a copy of the
request, the affidavit, and the notice shall be served by the party who
requested the court to issue the Notice of Support Arrearage upon the person
ordered to pay support and the Controller. Service may be personal, in
accordance with Section 1011, or by mail, in accordance with Section 1013.
Service upon the Controller shall be at the Controller's office in Sacramento.
The judgment debtor may object to the request or affidavit
upon any of the following grounds: (1) there is an error in the amount of the
arrearage stated in the affidavit; (2) the alleged judgment debtor is not the
judgment debtor from whom the support is due; (3) the amount to be intercepted
exceeds that allowable under federal law; (4) a default in payment of the
support for 30 days has not occurred; or (5) other necessary factual allegations
contained in the affidavit are erroneous.
Upon receipt of the Notice of Support Arrearage, the
Controller shall take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the judgment
debtor and deposit with the court a warrant, subject to Sections 708.770 and
708.775, with service of a copy of the warrant upon the local child support
agency of the county in which the support judgment is entered, payable to the
court, the amount due the judgment creditor (after deducting an amount
sufficient to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to satisfy the
money judgment as shown by the affidavit in full or to the greatest extent, and
pay the balance thereof, if any, to the judgment debtor. At any hearing pursuant
to Section 708.770, the judgment debtor may challenge the distribution of these
funds on exemption or other grounds, including, but not limited to, an
allegation that the judgment has been satisfied or that service was improper.
The notice shall not apply to any money which is exempt by law from execution.
The Controller shall determine the cost of enforcing the notice and may
establish a notice filing fee not to exceed five dollars ($5).
Service of the Notice of Support Arrearage and of the request
and affidavit pursuant to this subdivision creates a lien on the money owing and
unpaid to the judgment debtor which shall become effective 30 days following
service upon the Controller. This notice shall remain in effect for four years
from the date of its issuance or until the arrearage for which the notice was
issued is satisfied, whichever occurs first.
Any person who files a request with the court to issue a
Notice of Support Arrearage pursuant to subdivision (d) of Section 708.730 shall
notify the court and the Controller of any satisfaction of the arrearage after
the Notice of Support Arrearage has been issued by the clerk of the court. The
notice to the court and the Controller shall be filed with the court and the
Controller and served upon the local child support agency of the county in which
the support judgment is entered within 30 days of the satisfaction or discharge
and shall show a partial or full satisfaction of the arrearage or any other
resolution of the arrearage.
Upon filing and service, the Notice of Support Arrearage shall
be of no force and effect.
The State Department of Social Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on or before
December 31, 2001.
This subdivision shall become operative on January 1, 1996,
and shall become inoperative on December 31, 2001.
(d) For purposes of this section, "support" means an
obligation owing on behalf of a child, spouse, or family, or combination
thereof.
CCP 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 with which it is filed.
(b) Fees received by the state under this section shall be
deposited to the credit of the fund from which payments were, or would be, made
on account of collection under this article.
CCP 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 certified copy of the judgment together with the
affidavit to enable the officer or employee in the exercise of reasonable
diligence to ascertain the identity of the judgment debtor therefrom and from
the papers and records on file in the office in which the officer or employee
works. The word "office" as used in this section does not include any branch or
subordinate office located in a different city.
CCP 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 interest, or interest allowable with respect to an overpayment,
under Part 10 (commencing with Section 17001), or Part 11 (commencing with
Section 23001) of Division 2 of the Revenue and Taxation Code or under Division
6 (commencing with Section 13000) of the Unemployment Insurance Code.
Article 9. Enforcement Against Franchise
CODE OF CIVIL PROCEDURE SECTION 708.910-708.930
CCP 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 a corporation.
CCP 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 noticed motion. The notice of motion shall be served on the
judgment debtor and the public entity that granted the franchise. Service shall
be made personally or by mail. In exercising its discretion, the court shall
determine whether application of the franchise to the satisfaction of the
judgment is proper taking into account all the circumstances of the case,
including but not limited to the nature of the franchise, whether the franchise
is by its terms transferable, and the likelihood that application of the
franchise to the satisfaction of the judgment will yield a substantial amount.
(b) If the court orders application of the franchise to the
satisfaction of the judgment, application shall be by such means as appears
proper to the court, including but not limited to sale of the franchise,
assignment of the franchise or proceeds of the franchise, or appointment of a
receiver. The court may include in its order, or make additional orders
containing, provisions to effectuate the application of the franchise to the
satisfaction of the judgment, including but not limited to provisions relating
to the place of sale of the franchise, possession of the property of the
judgment debtor necessary for the exercise of the franchise, receipt of proceeds
of the franchise, recovery of penalties imposed by law and recoverable for
injury to the franchise or for damages or other cause, and the judgment debtor's
powers, duties, and liability for penalties and forfeitures.
CCP 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 applicable laws governing sale, transfer, or other actions
concerning the franchise, including but not limited to any necessary approvals
by the Public Utilities Commission or local public entities and compliance with
statutory or administrative regulations.
Article 10. Other Enforcement Procedures
CODE OF CIVIL PROCEDURE SECTION 709.010-709.030
CCP 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 is subject to enforcement of a money judgment only upon petition under
this section by a judgment creditor to a court having jurisdiction over
administration of the trust as prescribed in Part 5 (commencing with Section
17000) of Division 9 of the Probate Code. The judgment debtor's interest in the
trust may be applied to the satisfaction of the money judgment by such means as
the court, in its discretion, determines are proper, including but not limited
to imposition of a lien on or sale of the judgment debtor's interest, collection
of trust income, and liquidation and transfer of trust property by the trustee.
(c) Nothing in this section affects the limitations on the
enforcement of a money judgment against the judgment debtor's interest in a
trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of
the Probate Code, and the provisions of this section are subject to the
limitations of that chapter.
CCP 709.020
The judgment creditor may apply to the court on noticed
motion for an order app |
