reglab/statecodes huggingface dataset:
2023 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 5 - Procedure for Earnings Withholding Orders and Exemption Claims › Section 706.103.

706.103. (a) The levying officer shall serve upon the designated employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer’s return.
(3) The notice to employee of earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a financial statement.
(b) At the time the levying officer makes service pursuant to subdivision (a), the levying officer shall provide the employer with a copy of the employer’s instructions referred to in Section 706.127. The Judicial Council may adopt rules prescribing the circumstances when compliance with this subdivision is not required.
(c) No earnings withholding order shall be served upon the employer after the time specified in subdivision (b) of Section 699.530.
(Amended by Stats. 2013, Ch. 64, Sec. 5. (SB 233) Effective January 1, 2014.)
2023 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 5 - Procedure for Earnings Withholding Orders and Exemption Claims › Section 706.104.

706.104. Any employer who is served with an earnings withholding order shall:
(a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and a copy of the form the judgment debtor may use to provide a financial statement within 10 days from the date of service. If the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make such delivery. The employer is not subject to any civil liability for failure to comply with this subdivision. Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with this subdivision.
(b) Complete the employer’s return on the form provided by the levying officer and mail it by first-class mail, postage prepaid, to the levying officer within 15 days from the date of service. If the earnings withholding order is ineffective, the employer shall state in the employer’s return that the order will not be complied with for this reason and shall return the order to the levying officer with the employer’s return.
(Amended by Stats. 2013, Ch. 64, Sec. 6. (SB 233) Effective January 1, 2014.)
2023 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 5 - Procedure for Earnings Withholding Orders and Exemption Claims › Section 706.106.

706.106. No findings are required in court proceedings under this chapter.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 5 - Procedure for Earnings Withholding Orders and Exemption Claims › Section 706.108.

706.108. (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.
(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.
(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer’s return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a financial statement.
(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.
(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of the levying officer.
(2) Proof of service on the employer of the papers listed in subdivision (c).
(3) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
(Amended by Stats. 2016, Ch. 102, Sec. 3. (AB 2211) Effective January 1, 2017.)
2023 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 5 - Procedure for Earnings Withholding Orders and Exemption Claims › Section 706.109.

706.109. An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.
(Added by Stats. 1984, Ch. 1671, Sec. 20.)
2023 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 706.120.

706.120. Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 706.121.

706.121. The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following:
(a) The name, the 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 court where the judgment was entered and the date the judgment was entered.
(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim.
(e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).
(g) The name and address of the employer to whom the order will be directed.
(h) The name and address of the person to whom the withheld money is to be paid by the levying officer.
(Amended by Stats. 2010, Ch. 64, Sec. 3. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
2023 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 706.122.

706.122. The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council determines would be useful to the employee and appropriate for inclusion in the notice, including all of the following:
(a) The named employer has been ordered to withhold from the earnings of the judgment debtor the amounts required to be withheld under Section 706.050, or such other amounts as are specified in the earnings withholding order, and to pay these amounts over to the levying officer for transmittal to the person specified in the order in payment of the judgment described in the order.
(b) The manner of computing the amounts required to be withheld pursuant to Section 706.050.
(c) The judgment debtor may be able to keep more or all of the judgment debtor’s earnings if the judgment debtor proves that the additional earnings are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor.
(d) If the judgment debtor wishes a court hearing to prove that amounts should not be withheld from the judgment debtor’s earnings because they are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor, the judgment debtor shall file with the levying officer an original and one copy of the “judgment debtor’s claim of exemption” and an original and one copy of the “judgment debtor’s financial statement.”
(Amended by Stats. 2013, Ch. 64, Sec. 8. (SB 233) Effective January 1, 2014.)
2023 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 706.123.

706.123. The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order and shall state the judgment debtor’s present mailing address.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 706.124.

706.124. The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and the following additional information:
(a) Whether any earnings withholding orders are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.
(b) Whether any earnings assignment orders for support are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.
(Amended by Stats. 1992, Ch. 163, Sec. 49. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 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 706.125.

706.125. The “earnings withholding order” shall include all of the following:
(a) The name, address, and, if known, the social security number of the judgment debtor.
(b) The name and address of the employer to whom the order is directed.
(c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor.
(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from the claim.
(e) The date of issuance of the writ of execution to the county where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).
(g) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the withholding period.
(h) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law.
(i) An order that the employer fill out the “employer’s return” and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order.
(j) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the “notice to employee of earnings withholding order” within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make the delivery.
(k) The name and address of the levying officer.
(Amended by Stats. 2010, Ch. 64, Sec. 4. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
2023 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 706.126.

706.126. (a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information:
(1) The name and address of the levying officer to whom the form is to be returned.
(2) A direction that the form be mailed to the levying officer by first-class mail, postage prepaid, no later than 15 days after the date of service of the earnings withholding order.
(3) The name, the address, and, if known, the social security number of the judgment debtor.
(b) In addition, the employer’s return form shall require the employer to supply all of the following information:
(1) The date the earnings withholding order was served on the employer.
(2) Whether the judgment debtor is employed by the employer or whether the employer otherwise owes earnings to the employee.
(3) If the judgment debtor is employed by the employer or the employer otherwise owes earnings to the employee, the amount of the employee’s earnings for the last pay period and the length of this pay period.
(4) Whether the employer was required on the date of service to comply with an earlier earnings withholding order and, if so, the name of the judgment creditor who secured the earlier order, the levying officer who served such order, the date it was issued, the date it was served, the expiration date of such order, and which of the earnings withholding orders the employer is required to comply with under the applicable statutory rules concerning the priority of such orders.
(5) Whether the employer was required on the date of service to comply with an earnings assignment order for support and, if so, the court which issued such assignment order and the date it was issued and any other information the Judicial Council determines is needed to identify the order.
(6) The name and address of the person to whom notices to the employer are to be sent.
(Amended by Stats. 1992, Ch. 163, Sec. 50. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 30 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) Except as provided in section 708.111, 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. 2023, Ch. 562, Sec. 1. (AB 1119) Effective January 1, 2024.)
2023 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.)
2023 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.)
2023 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.)
2023 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 under subdivision (e) of Section 708.110 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. 2023, Ch. 562, Sec. 3. (AB 1119) Effective January 1, 2024.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 3 - Creditor s Suit › Section 708.210.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.220.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.230.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.240.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.250.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.260.

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.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 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 3 - Creditor s Suit › Section 708.270.

708.270. There is no right to a jury trial in an action under this article.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)