reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 706.127 (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 5 - Wage Garnishment|ARTICLE 6 - Forms; Employer s Instructions|Section 706.127.

706.127.  (a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or rules regulating the withholding of earnings.(b) Except to the extent that they are included in the forms required to be provided by the employer to the levying officer, the Judicial Council shall publish and provide to the levying officers copies of the employer’s instructions.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.128 (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 5 - Wage Garnishment|ARTICLE 6 - Forms; Employer s Instructions|Section 706.128.

706.128.  The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following:(a) The name, last known address, and, if known, the social security number of the judgment debtor.(b) The name and address of the judgment creditor.(c) The date of mailing of the notice of claim of exemption.(d) The amount of the judgment debtor’s claim of exemption which the judgment creditor claims is not exempt.(e) The factual and legal grounds for the judgment creditor’s opposition to the claim of exemption.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.129 (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 5 - Wage Garnishment|ARTICLE 6 - Forms; Employer s Instructions|Section 706.129.

706.129.  The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Section 706.051.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.151 (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 5 - Wage Garnishment|ARTICLE 7 - Administration and Enforcement|Section 706.151.

706.151.  The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs. 1671–1677), including, but not limited to:(a) Representing and acting on behalf of the state in relation to the Administrator of the Wage and Hour Division and the administrator’s representatives with regard to any matter relating to, or arising out of, the application, interpretation, and enforcement of the laws of this state regulating withholding of earnings.(b) Submitting to the Administrator of the Wage and Hour Division in duplicate and on a current basis, a certified copy of every statute of this state affecting earnings withholding, and a certified copy of any decision in any case involving any of those statutes, made by the Supreme Court of this state.(c) Submitting to the Administrator of the Wage and Hour Division any information relating to the enforcement of earnings withholding laws of this state which the administrator may request.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.152 (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 5 - Wage Garnishment|ARTICLE 7 - Administration and Enforcement|Section 706.152.

706.152.  If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.153 (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 5 - Wage Garnishment|ARTICLE 7 - Administration and Enforcement|Section 706.153.

706.153.  (a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter.(b) If an employer violates this section, the judgment creditor may bring a civil action against the employer to recover the amount that would have been withheld and paid over pursuant to this chapter had the employer not violated this section. The remedy provided by this subdivision is not exclusive.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.154 (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 5 - Wage Garnishment|ARTICLE 7 - Administration and Enforcement|Section 706.154.

706.154.  (a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not exclusive.(b) Notwithstanding subdivision (a), an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 708.010 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 1 - Written Interrogatories to Judgment Debtor|Section 708.010.

708.010.  (a) Except as provided in this section and in subdivision (b) of Section 708.020, the procedure in this article may be used at any time a money judgment is enforceable.(b) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13, all proceedings under this article are stayed. In any other case where the enforcement of the judgment is stayed, all proceedings under this article are stayed unless the court otherwise expressly orders.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 708.020 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 1 - Written Interrogatories to Judgment Debtor|Section 708.020.

708.020.  (a) The judgment creditor may propound written interrogatories to the judgment debtor, in the manner provided in Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4, requesting information to aid in enforcement of the money judgment. The judgment debtor shall answer the interrogatories in the manner and within the time provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.(b) The judgment creditor may not serve interrogatories pursuant to this section within 120 days after the judgment debtor has responded to interrogatories previously served pursuant to this section or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any interrogatories so served.(c) Interrogatories served pursuant to this section may be enforced, to the extent practicable, in the same manner as interrogatories in a civil action.(d) The limitation provided by Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4 on the number of interrogatories that may be propounded applies to each set of interrogatories propounded from time to time pursuant to this section, but does not apply cumulatively to interrogatories propounded by the judgment creditor to the judgment debtor.(Amended by Stats. 2004, Ch. 182, Sec. 11. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 708.030 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 1 - Written Interrogatories to Judgment Debtor|Section 708.030.

708.030.  (a) The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.(b) The judgment creditor may not serve interrogatories or inspection demands pursuant to this section or Section 708.020 within 120 days after the judgment debtor has responded to the interrogatories or demands previously served pursuant to this section or Section 708.020, or within 120 days after the judgment debtor has been examined pursuant to Article 2 (commencing with Section 708.110), and the judgment debtor is not required to respond to any discovery so served.(c) Inspection demands served pursuant to this section may be enforced to the extent practicable, in the same manner as inspection demands in a civil action.(Amended by Stats. 2004, Ch. 182, Sec. 12. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 708.110 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.110.

708.110.  (a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.(b) If the judgment creditor has not caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order upon ex parte application of the judgment creditor.(c) If the judgment creditor has caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause for the order. 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.(d) The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 10 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court.(e) The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. 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.”(Amended by Stats. 1993, Ch. 793, Sec. 1. Effective January 1, 1994.)
CA Civ Pro Code § 708.130 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.130.

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.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 708.140 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.140.

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.(Amended by Stats. 1983, Ch. 155, Sec. 19. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
CA Civ Pro Code § 708.160 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.160.

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.(Amended by Stats. 2005, Ch. 75, Sec. 38. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
CA Civ Pro Code § 708.170 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.170.

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.(Amended by Stats. 2006, Ch. 277, Sec. 2. Effective January 1, 2007.)
CA Civ Pro Code § 708.180 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.180.

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.(Amended by Stats. 1998, Ch. 931, Sec. 95. Effective September 28, 1998.)
CA Civ Pro Code § 708.190 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.190.

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.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 708.200 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.200.

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.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 708.205 (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 6 - Miscellaneous Creditors Remedies|ARTICLE 2 - Examination Proceedings|Section 708.205.

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.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)