reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 701.630 (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 6 - Sale and Collection|Section 701.630.

701.630.  If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as defined in Section 7162 of the Government Code) on the property sold are extinguished.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.640 (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 6 - Sale and Collection|Section 701.640.

701.640.  The purchaser of property at an execution sale acquires any interest of the judgment debtor in the property sold (1) that is held on the effective date of the lien under which the property was sold or (2) that is acquired between such effective date and the date of sale.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.650 (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 6 - Sale and Collection|Section 701.650.

701.650.  (a) When the purchaser of personal property pays the amount due:(1) If the property is capable of manual delivery, the levying officer shall deliver the property to the purchaser and, if the purchaser so requests, shall execute and deliver a certificate of sale to the purchaser.(2) If the property is not tangible personal property or if it is otherwise not capable of manual delivery, the levying officer shall execute and deliver a certificate of sale to the purchaser.(b) If property or a certificate is delivered pursuant to subdivision (a), the levying officer shall sign or endorse any document or instrument in the levying officer’s possession relating to the title to or the right to possession of the property and deliver it to the purchaser.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.660 (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 6 - Sale and Collection|Section 701.660.

701.660.  When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code, the levying officer conducting the sale shall execute and deliver a deed of sale to the purchaser, record a duplicate of the deed of sale in the office of the county recorder, and forward to the county or city and county any documentary transfer tax paid by the purchaser.(Amended by Stats. 2010, Ch. 680, Sec. 11. (AB 2394) Effective January 1, 2011.)
CA Civ Pro Code § 701.670 (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 6 - Sale and Collection|Section 701.670.

701.670.  The certificate of sale or deed of sale shall contain all of the following:(a) The title of the court where the judgment was entered under which the sale was made and the cause and number of the action.(b) The date of entry of the judgment and of any subsequent renewals and where entered in the records of the court.(c) The name and address of the judgment creditor and the name and last known address of the judgment debtor.(d) A description of the property sold.(e) The date of sale.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 701.680 (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 6 - Sale and Collection|Section 701.680.

701.680.  (a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall not be set aside for any reason.(b) If the judgment is reversed, vacated, or otherwise set aside, the judgment debtor may recover from the judgment creditor the proceeds of a sale pursuant to the judgment with interest at the rate on money judgments to the extent the proceeds were applied to the satisfaction of the judgment.(c) If the sale was improper because of irregularities in the proceedings, because the property sold was not subject to execution, or for any other reason:(1) The judgment debtor, or the judgment debtor’s successor in interest, may commence an action within 90 days after the date of sale to set aside the sale if the purchaser at the sale is the judgment creditor. Subject to paragraph (2), if the sale is set aside, the judgment of the judgment creditor is revived to reflect the amount that was satisfied from the proceeds of the sale and the judgment creditor is entitled to interest on the amount of the judgment as so revived as if the sale had not been made. Any liens extinguished by the sale of the property are revived and reattach to the property with the same priority and effect as if the sale had not been made.(2) The judgment debtor, or the judgment debtor’s successor in interest, may recover damages caused by the impropriety. If damages are recovered against the judgment creditor, they shall be offset against the judgment to the extent the judgment is not satisfied. If damages are recovered against the levying officer, they shall be applied to the judgment to the extent the judgment is not satisfied.(d) For the purposes of subdivision (c), the purchaser of the property at the sale is not a successor in interest.(e) This section does not affect, limit, or eliminate a judgment debtor’s equitable right of redemption.(Amended by Stats. 2014, Ch. 183, Sec. 1. (AB 2317) Effective January 1, 2015.)
CA Civ Pro Code § 701.810 (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 7 - Distribution of Proceeds of Sale or Collection|Section 701.810.

701.810.  Except as otherwise provided by statute, the levying officer shall distribute the proceeds of sale or collection in the following order:(a) To persons having preferred labor claims that are required by Section 1206 to be satisfied from the proceeds, in the amounts required by Section 1206 to be satisfied.(b) To the state department or agency having a state tax lien (as defined in Section 7162 of the Government Code) that is superior to the judgment creditor’s lien, in the amount of the lien.(c) If a deposit has been made pursuant to Section 720.260 and the purchaser at the sale is not the judgment creditor, to the judgment creditor in the amount required to repay the deposit with interest thereon at the rate on money judgments from the date of the deposit.(d) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.010 (motor vehicle), 704.020 (household furnishings and other personal effects), or 704.060 (tools of trade), except that such proceeds shall be used to satisfy all of the following in the order of their respective priorities:(1) Any consensual liens and encumbrances, and any liens for labor or materials, that are subordinate to the judgment creditor’s lien.(2) Subject to Section 688.030, any state tax lien (as defined in Section 7162 of the Government Code) on the property sold if the notice of state tax lien on the property has been recorded or filed pursuant to Section 7171 of the Government Code prior to the time the levying officer received the proceeds of the sale or collection.(e) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made.(f) To the judgment creditor to satisfy the following, in the following order:(1) First, any costs and interest accruing on the judgment after issuance of the writ pursuant to which the sale or collection is conducted.(2) Second, the principal amount due on the judgment with costs and interest, as entered on the writ.(g) To any other judgment creditors who have delivered writs to the levying officer, accompanied by instructions to levy upon the judgment debtor’s property or the proceeds of its sale or collection, or any other persons actually known by the levying officer to have a claim, lien, or other interest subordinate to the judgment creditor’s lien that is extinguished by the sale and that is not otherwise satisfied pursuant to this section, in the amounts to which they are entitled in order of their respective priorities.(h) To the judgment debtor in the amount remaining.(Amended by Stats. 2010, Ch. 4, Sec. 2. (AB 680) Effective January 1, 2011.)
CA Civ Pro Code § 701.830 (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 7 - Distribution of Proceeds of Sale or Collection|Section 701.830.

701.830.  (a) If there are conflicting claims to all or a portion of the proceeds of sale or collection known to the levying officer before the proceeds are distributed, the levying officer may deposit with the court the proceeds that are the subject of the conflicting claims instead of distributing such proceeds under Section 701.810. Any interested person may apply on noticed motion for an order for the distribution of the proceeds deposited with the court. A copy of the notice of motion shall be served on such persons as the court shall by order determine in such manner as the court prescribes. Any interested person may request time for filing a response to the motion for an order for the distribution of the proceeds, for discovery proceedings in connection with the motion, or for other preparation for the hearing on the motion, and the court shall grant a continuance for a reasonable time for any of these purposes.(b) Except as provided in subdivision (c), at the hearing on the motion the court shall determine the issues presented by the motion and make an order for the distribution of the proceeds deposited with the court.(c) The court shall not determine the issues presented by the motion and instead shall abate the hearing until the issues presented by the motion can be determined in a civil action in the following cases if:(1) The court is not the proper court under any other provision of law for the trial of a civil action with respect to the subject matter of the motion and any interested person at or prior to the hearing objects to the determination of the issues presented by the motion by the court.(2) A civil action is pending with respect to the subject matter of the motion and jurisdiction has been obtained in the court in which the civil action is pending.(3) The court determines that the matter should be determined in a civil action.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.010 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.010.

703.010.  Except as otherwise provided by statute:(a) The exemptions provided by this chapter or by any other statute apply to all procedures for enforcement of a money judgment.(b) The exemptions provided by this chapter or by any other statute do not apply if the judgment to be enforced is for the foreclosure of a mortgage, deed of trust, or other lien or encumbrance on the property other than a lien created pursuant to this division or pursuant to Title 6.5 (commencing with Section 481.010) (attachment).(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.020 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.020.

703.020.  (a) The exemptions provided by this chapter apply only to property of a natural person.(b) The exemptions provided in this chapter may be claimed by any of the following persons:(1) In all cases, by the judgment debtor or a person acting on behalf of the judgment debtor.(2) In the case of community property, by the spouse of the judgment debtor, whether or not the spouse is also a judgment debtor under the judgment.(3) In the case of community property, by the domestic partner of the judgment debtor, as defined in Section 297 of the Family Code, whether or not the domestic partner is also a judgment debtor under the judgment.(Amended by Stats. 2014, Ch. 415, Sec. 1. (AB 1945) Effective January 1, 2015.)
CA Civ Pro Code § 703.030 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.030.

703.030.  (a) An exemption for property that is described in this chapter or in any other statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure. If the exemption is not so claimed, the exemption is waived and the property is subject to enforcement of a money judgment.(b)  Except as otherwise specifically provided by statute, property that is described in this chapter or in any other statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment.(c) Nothing in this section limits the authority of the court pursuant to Section 473 to relieve a person upon such terms as may be just from failure to claim an exemption within the time and in the manner prescribed in the applicable enforcement procedure.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.040 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.040.

703.040.  A purported contractual or other prior waiver of the exemptions provided by this chapter or by any other statute, other than a waiver by failure to claim an exemption required to be claimed or otherwise made at the time enforcement is sought, is against public policy and void.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.050 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.050.

703.050.  (a) The determination whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect (1) at the time the judgment creditor’s lien on the property was created or (2) if the judgment creditor’s lien on the property is the latest in a series of overlapping liens created when an earlier lien on the property in favor of the judgment creditor was in effect, at the time the earliest lien in the series of overlapping liens was created.(b) This section applies to all judgments, whether based upon tort, contract, or other legal theory or cause of action that arose before or after the operative date of this section, and whether the judgment was entered before or after the operative date of this section.(c) Notwithstanding subdivision (a), in the case of a levy of execution, the procedures to be followed in levying upon, selling, or releasing property, claiming, processing, opposing, and determining exemptions, and paying exemption proceeds, shall be governed by the law in effect at the time the levy of execution is made on the property.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.060 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.060.

703.060.  (a) The Legislature finds and declares that generally persons who enter into contracts do not do so in reliance on an assumption that the exemptions in effect at the time of the contract will govern enforcement of any judgment based on the contract, that liens imposed on property are imposed not as a matter of right but as a matter of privilege granted by statute for purposes of priority, that no vested rights with respect to exemptions are created by the making of a contract or imposition of a lien, that application of exemptions and exemption procedures in effect at the time of enforcement of a judgment is essential to the proper balance between the rights of judgment debtors and judgment creditors and has a minimal effect on the economic stability essential for the maintenance of private and public faith in commercial matters, and that it is the policy of the state to treat all judgment debtors equally with respect to exemptions and exemption procedures in effect at the time of enforcement of a money judgment. To this end, the Legislature reserves the right to repeal, alter, or add to the exemptions and the procedures therefor at any time and intends, unless otherwise provided by statute, that any repeals, alterations, or additions apply upon their operative date to enforcement of all money judgments, whether based upon tort, contract, or other legal theory or cause of action that arose before or after the operative date of the repeals, alterations, or additions, whether the judgment was entered before or after the operative date of the repeals, alterations, or additions.(b) All contracts shall be deemed to have been made and all liens on property shall be deemed to have been created in recognition of the power of the state to repeal, alter, and add to statutes providing for liens and exemptions from the enforcement of money judgments.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.070 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.070.

703.070.  Except as otherwise provided by statute:(a) The exemptions provided by this chapter or by any other statute apply to a judgment for child, family, or spousal support.(b) If property is exempt without making a claim, the property is not subject to being applied to the satisfaction of a judgment for child, family, or spousal support.(c) Except as provided in subdivision (b), if property sought to be applied to the satisfaction of a judgment for child, family, or spousal support is shown to be exempt under subdivision (a) in appropriate proceedings, the court shall, upon noticed motion of the judgment creditor, determine the extent to which the exempt property nevertheless shall be applied to the satisfaction of the judgment. In making this determination, the court shall take into account the needs of the judgment creditor, the needs of the judgment debtor and all the persons the judgment debtor is required to support, and all other relevant circumstances. The court shall effectuate its determination by an order specifying the extent to which the otherwise exempt property is to be applied to the satisfaction of the judgment.(Amended by Stats. 1992, Ch. 163, Sec. 37. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
CA Civ Pro Code § 703.080 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.080.

703.080.  (a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced into deposit accounts or in the form of cash or its equivalent.(b) The exemption claimant has the burden of tracing an exempt fund.(c) The tracing of exempt funds in a deposit account shall be by application of the lowest intermediate balance principle unless the exemption claimant or the judgment creditor shows that some other method of tracing would better serve the interests of justice and equity under the circumstances of the case.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.090 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.090.

703.090.  If a judgment creditor has failed to oppose a claim of exemption within the time allowed by Section 703.550 or if property has been determined by a court to be exempt, and the judgment creditor thereafter levies upon or otherwise seeks to apply the property toward the satisfaction of the same money judgment, the judgment creditor is not entitled to recover the subsequent costs of collection unless the property is applied to satisfaction of the judgment.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 703.100 (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 4 - Exemptions|ARTICLE 1 - General Provisions|Section 703.100.

703.100.  (a) Subject to subdivision (b), the determination whether property is exempt shall be made under the circumstances existing at the earliest of the following times:(1) The time of levy on the property.(2) The time of the commencement of court proceedings for the application of the property to the satisfaction of the money judgment.(3) The time a lien is created under Title 6.5 (commencing with Section 481.010) (attachment) or under this title.(b) The court, in its discretion, may take into consideration any of the following changes that have occurred between the time of levy or commencement of enforcement proceedings or creation of the lien and the time of the hearing:(1) A change in the use of the property if the exemption is based upon the use of property and if the property was used for the exempt purpose at the time of the levy or the commencement of enforcement proceedings or the creation of the lien but is used for a nonexempt purpose at the time of the hearing.(2) A change in the value of the property if the exemption is based upon the value of property.(3) A change in the financial circumstances of the judgment debtor and spouse and dependents of the judgment debtor if the exemption is based upon their needs.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)