reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 700.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.070.

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 with Section 700.030, except to the extent that the judgment creditor instructs that levy be made in the following manner:(a) The levying officer shall place a keeper in charge of the business for the period requested by the judgment creditor. During the period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the judgment creditor.(b) The levying officer shall take the tangible personal property into exclusive custody at the earliest of the following times:(1) At any time the judgment debtor objects to placement of a keeper in charge of the business.(2) At any time when requested by the judgment creditor.(3) At the end of 10 days from the time the keeper is placed in charge of the business.(c) Where a keeper is placed in a business for the purpose of taking into custody tangible personal property consisting solely of money or equivalent proceeds of sales, the provisions of subdivision (b) shall not apply, and the levying officer shall take such property into exclusive custody at the end of each daily keeper period.(Amended by Stats. 1996, Ch. 1159, Sec. 11. Effective January 1, 1997.)
CA Civ Pro Code § 700.080 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.080.

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 the property. Service on the occupant shall be made by leaving the copy of the writ and the notice of levy with the occupant personally or, in the occupant’s absence, with a person of suitable age and discretion found at the property when service is attempted who is a member of the occupant’s family or household. If unable to serve the occupant at the time service is attempted, the levying officer shall make the levy by posting the copy of the writ and the notice of levy in a conspicuous place on the property.(b) If the judgment creditor so instructs, the levying officer shall place a keeper in charge of the property for a period requested by the judgment creditor.(c) The judgment creditor may apply to the court on noticed motion for an order directing the levying officer to remove the occupants. The notice of motion shall be served on any legal owner and any junior lienholder who was served pursuant to Section 700.090, on the occupant, and, if the judgment debtor is not the occupant, on the judgment debtor. Service shall be made personally or by mail. At the hearing on the motion the court shall determine the occupant’s right to possession and shall make an order including terms and conditions that are appropriate under the circumstances of the case.(d) Personal property used as a dwelling shall include a mobilehome, whether the mobilehome is occupied or unoccupied at the time of the levy.(Amended by Stats. 1995, Ch. 446, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 700.090 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.090.

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 certificate of ownership is still in effect, or if a manufactured home, mobilehome, or commercial coach is levied upon and a permanent title record has been established by the Department of Housing and Community Development for such manufactured home, mobilehome, or commercial coach the levying officer shall determine from the appropriate department the name and address of the legal owner and each junior lienholder of the property levied upon. If the legal owner or junior lienholder is not the judgment debtor and is not in possession of the vehicle, vessel, manufactured home, mobilehome, or commercial coach, the levying officer shall at the time of levy or promptly thereafter serve a copy of the writ of execution and a notice of levy on the legal owner or junior lienholder. Service shall be made personally or by mail.(Amended by Stats. 1983, Ch. 1124, Sec. 10.)
CA Civ Pro Code § 700.100 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.100.

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 custody.(2) If the chattel paper is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.(b) If the levying officer obtains custody of the chattel paper or if pursuant to a security agreement the judgment debtor has liberty to collect or compromise the chattel paper or to accept the return of goods or make repossessions, the levying officer shall, if so instructed by the judgment creditor, serve a copy of the writ of execution and a notice of levy on the account debtor. Service shall be made personally or by mail.(c) In addition to any other rights created by a levy on chattel paper, the levy creates a lien on the judgment debtor’s rights in specific goods subject to the chattel paper.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 700.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.110.

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.(2) If the instrument is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.(b) If the levying officer obtains custody of the instrument, the levying officer shall, if the judgment creditor so instructs, serve a copy of the writ of execution and a notice of levy on the obligor. Service shall be made personally or by mail.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 700.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.120.

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, take the negotiable document of title into custody.(b) If the negotiable document of title is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 700.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.130.

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 Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security is located and, where that state is California, means personal service by the levying officer of a copy of the writ of execution and notice of levy on the person who is to be served.(Amended by Stats. 1996, Ch. 497, Sec. 3. Effective January 1, 1997.)
CA Civ Pro Code § 700.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.150.

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 notice of levy on the financial institution with which the safe-deposit box is maintained.(b) At the time of the levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name the safe-deposit box stands. Service shall be made personally or by mail.(c) During the time the execution lien is in effect, the financial institution may not permit the removal of any of the contents of the safe-deposit box except as directed by the levying officer.(d) Upon receipt of a garnishee’s memorandum from the financial institution indicating a safe-deposit box is under levy, the levying officer shall promptly mail a written notice to the judgment creditor demanding an additional fee as required by Section 26723 of the Government Code, plus the costs to open the safe-deposit box and seize and store the contents. The levying officer shall release the levy on the safe-deposit box if the judgment creditor does not pay the required fee, plus costs, within three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail by the levying officer.(e) The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the levy of the property levied upon. The financial institution may refuse to permit the forcible opening of the safe-deposit box to permit the removal of the property levied upon unless the levying officer or the judgment creditor pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.(f) The levying officer shall give the judgment creditor at least three court days’ advance notice of the date and time the levying officer will open the safe-deposit box and seize the contents thereof, and the judgment creditor shall be entitled to be present at that time.(g) During the time the execution lien is in effect, the financial institution is not liable to any person for any of the following:(1) Performance of the duties of a garnishee under the levy.(2) Refusal to permit access to the safe-deposit box by the person in whose name it stands.(3) Removal of any of the contents of the safe-deposit box pursuant to the levy.(h) If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the execution lien is released automatically with respect to any property that remains in the safe-deposit box.(Amended by Stats. 2012, Ch. 484, Sec. 9. (AB 2364) Effective January 1, 2013.)
CA Civ Pro Code § 700.160 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.160.

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 or together with third persons, is not subject to levy under Section 700.140 or 700.150 unless the legal process served on the third party includes a court order authorizing the levy.(b) A court order is not required to levy on a deposit account or safe-deposit box standing in the name of any of the following:(1) The judgment debtor, whether alone or together with third persons.(2) The judgment debtor’s spouse or registered domestic partner, whether alone or together with other persons, provided an affidavit is delivered to the financial institution at the time of levy showing that person is the judgment debtor’s spouse or registered domestic partner.(3) A fictitious business name, provided a copy of an unexpired statement certified in accordance with Section 17926 of the Business and Professions Code is delivered to the financial institution at the time of levy, the fictitious business name statement does not list any person other than the judgment debtor, the judgment debtor’s spouse or the judgment debtor’s registered domestic partner as the person or persons doing business under the fictitious business name, and, if a person other than the judgment debtor is listed in the statement, an affidavit stating that the other person is the judgment debtor’s spouse or registered domestic partner is delivered to the financial institution at the time of the levy.(4) The additional name of a judgment debtor listed on the legal process pursuant to an affidavit of identity as provided by Section 680.135, whether alone or together with third persons.(c) In any case where a deposit account in the name of a person other than the judgment debtor, whether alone or together with the judgment debtor, is levied upon, the financial institution shall not pay to the levying officer the amount levied upon until being notified to do so by the levying officer. The levying officer may not require the financial institution to pay the amount levied upon until the expiration of 15 days after service of notice of levy on the third person.(Amended by Stats. 2012, Ch. 484, Sec. 10. (AB 2364) Effective January 1, 2013.)
CA Civ Pro Code § 700.170 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.170.

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 serve a copy of the writ of execution and a notice of levy on the account debtor.(b) If a levy is made under subdivision (a) and payments on the account receivable or general intangible are made to a person other than the judgment debtor (whether pursuant to a security agreement, assignment for collection, or otherwise), the levying officer shall, if so instructed by the judgment creditor, personally serve a copy of the writ of execution and a notice of levy on such third person. Service of the copy of the writ and notice of levy on such third person is a levy on any amounts owed to the judgment debtor by such third person.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 700.180 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.180.

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 special proceeding:(1) Real property.(2) Growing crops, timber to be cut, or minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead.(3) Tangible personal property in the possession or under the control of the judgment debtor or in the custody of a levying officer.(4) The interest of a judgment debtor in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession.(b) Except as provided in subdivision (a), a levy upon property that is the subject of an action or special proceeding pending at the time of the levy is not effective.(c) If a levy is attempted but is ineffective under subdivision (b) and the levying officer has requested a garnishee’s memorandum under Section 701.030 in connection with the ineffective levy, the garnishee’s memorandum shall include the following information in addition to that required by Section 701.030:(1) A statement that the levy on the property is not effective because the property is the subject of a pending action or special proceeding.(2) The title of the court, cause, and number of the pending action or proceeding.(d) For the purpose of this section, an action or proceeding is pending from the time the action or proceeding is commenced until judgment has been entered and the time for appeal has expired or, if an appeal is filed, until the appeal has been finally determined.(e) Nothing in this section affects or limits the right of the judgment creditor to obtain a lien pursuant to Article 5 (commencing with Section 708.410) of Chapter 6.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 700.190 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.190.

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, after the appeal has been finally determined.(b) To levy upon a final money judgment, the levying officer shall file a copy of the writ of execution and a notice of levy with the clerk of the court that entered the final money judgment. The court clerk shall endorse upon the judgment a statement of the existence of the execution lien and the time it was created. If an abstract of the judgment is issued, it shall include a statement of the execution lien in favor of the judgment creditor.(c) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on the judgment debtor obligated to pay the final money judgment levied upon. Service shall be made personally or by mail.(Amended by Stats. 1984, Ch. 538, Sec. 25.3.)
CA Civ Pro Code § 700.200 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 4 - Methods of Levy|Section 700.200.

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 succession, the levying officer shall personally serve a copy of the writ and a notice of levy on the personal representative of the decedent. The levy does not impair the powers of the representative over the property for the purposes of administration.(b) The personal representative shall report the levy to the court in which the estate is being administered when any petition for distribution is filed. If a decree orders distribution to the judgment debtor, the court making the decree shall order the property levied upon to be delivered to the levying officer. The property may not be delivered to the levying officer until the decree distributing the property has become final. To the extent the property delivered to the levying officer is not necessary to satisfy the money judgment, it shall be released to the judgment debtor.(c) Promptly after the property is delivered to the levying officer pursuant to subdivision (b), the levying officer shall serve a notice describing the property on the judgment debtor. Service shall be made personally or by mail. Notwithstanding Section 703.520, a claim of exemption for the property described in the notice may be made within 10 days after the notice was served on the judgment debtor.(d) Notwithstanding Section 697.710, an execution lien created by a levy pursuant to this section continues for a period of one year after the decree distributing the interest has become final unless the judgment is sooner satisfied.(e) A writ under which a levy is made pursuant to this section shall be returned not later than one year after the date the decree distributing the interest has become final.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 5 - Duties and Liabilities of Third Persons After Levy|Section 701.010.

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 third person at the time of levy or promptly thereafter shall comply with this section.(b) Unless the third person has good cause for failure or refusal to do so:(1) The third person shall deliver to the levying officer any of the property levied upon that is in the possession or under the control of the third person at the time of levy unless the third person claims the right to possession of the property.(2) To the extent that the third person does not deny an obligation levied upon, or claim a priority over the judgment creditor’s lien, the third person shall pay to the levying officer both of the following:(A) The amount of the obligation levied upon that is due and payable to the judgment debtor at the time of levy.(B) Amounts that become due and payable to the judgment debtor on the obligation levied upon during the period of the execution lien.(3) If the third person makes a delivery or payment to the levying officer pursuant to this section, the third person shall execute and deliver any documents necessary to effect the transfer of the property.(c) For the purposes of this section, “good cause” includes, but is not limited to, a showing that the third person did not know or have reason to know of the levy from all the facts and circumstances known to the third person.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 3 - Execution|ARTICLE 5 - Duties and Liabilities of Third Persons After Levy|Section 701.020.

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 fails or refuses without good cause to do so, the third person is liable to the judgment creditor for whichever of the following is the lesser amount: (1) The value of the judgment debtor’s interest in the property or the amount of the payments required to be made.(2) The amount required to satisfy the judgment pursuant to which the levy is made.(b) The third person’s liability continues until the earliest of the following times:(1) The time when the property levied upon is delivered to the levying officer or the payments are made to the levying officer.(2) The time when the property levied upon is released pursuant to Section 699. 060.(3) The time when the judgment is satisfied or discharged.(c) If the third person’s liability is established, the court that determines the liability may, in its discretion, require the third person to pay the costs and reasonable attorney’s fees incurred by the judgment creditor in establishing the liability.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)