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 6 - Miscellaneous Creditors Remedies › ARTICLE 3 - Creditor s Suit › Section 708.280.

708.280. (a)The court shall determine any exemption claim made in the action. If the judgment debtor establishes to the satisfaction of the court that the property or debt is exempt from enforcement of a money judgment, the court shall so adjudge and may not make the orders referred to in subdivisions (b), (c), and (d).
(b) If the judgment creditor establishes that the third person has property in which the judgment debtor has an interest or is indebted to the judgment debtor, the court shall render judgment accordingly. The property or debt may be applied to the satisfaction of the judgment creditor’s judgment against the judgment debtor as ordered by the court.
(c) If the court determines that the third person has property in which the judgment debtor has an interest, the court may order the third person not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the judgment.
(d) If the court determines that the third person has transferred property that was subject to a lien in favor of the judgment creditor or, contrary to court order of which the third person has notice, has paid the debt to the judgment debtor or has transferred the property, the court shall render judgment against the third person in an amount equal to the lesser of the following:
(1) The value of the judgment debtor’s interest in the property or the amount of the debt.
(2) The amount of the judgment creditor’s judgment against the judgment debtor remaining unsatisfied.
(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 708.290.

708.290. Costs incurred by or taxed against the judgment creditor in an action under this article may not be recovered from the judgment debtor as a cost of enforcing the judgment.
(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 4 - Charging Orders › Section 708.310.

708.310. If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor’s interest pursuant to Section 15907.03, 16504, or 17705.03 of the Corporations Code.
(Amended by Stats. 2021, Ch. 124, Sec. 12. (AB 938) Effective January 1, 2022.)
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 4 - Charging Orders › Section 708.320.

708.320. (a) A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following:
(1) All partners or the partnership.
(2) All members or the limited liability company.
(b) If a charging order is issued, the lien created pursuant to subdivision (a) continues under the terms of the order. If issuance of the charging order is denied, the lien is extinguished.
(Amended by Stats. 2002, Ch. 451, Sec. 2. Effective January 1, 2003.)
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 5 - Lien in Pending Action or Proceeding › Section 708.410.

708.410. (a)A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the following:
(1) Any cause of action of such judgment debtor for money or property that is the subject of the action or proceeding.
(2) The rights of such judgment debtor to money or property under any judgment subsequently procured in the action or proceeding.
(b) To obtain a lien under this article, the judgment creditor shall file a notice of lien and an abstract or certified copy of the judgment creditor’s money judgment in the pending action or special proceeding.
(c) At the time of the filing under subdivision (b) or promptly thereafter, the judgment creditor shall serve on all parties who, prior thereto, have made an appearance in the action or special proceeding a copy of the notice of lien and a statement of the date when the notice of lien was filed in the action or special proceeding. Service shall be made personally or by mail. Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien.
(d) For the purpose of this article, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined.
(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 5 - Lien in Pending Action or Proceeding › Section 708.420.

708.420. The notice of lien under Section 708.410 shall contain all of the following:
(a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed.
(b) The name and last known address of the judgment debtor.
(c) The name and address of the judgment creditor.
(d) The title of the court where the judgment creditor’s money judgment is entered and the cause and number of the action, the date of entry of the judgment, and the date of any subsequent renewals, and where entered in the records of the court.
(e) The amount required to satisfy the judgment creditor’s money judgment at the time the notice of lien is filed in the action or proceeding.
(f) A statement that the lien attaches to any cause of action of the judgment debtor that is the subject of the action or proceeding and to the judgment debtor’s rights to money or property under any judgment subsequently procured in the action or proceeding.
(g) A statement that no compromise, dismissal, settlement, or satisfaction of the pending action or proceeding or any of the judgment debtor’s rights to money or property under any judgment procured therein may be entered into by or on behalf of the judgment debtor, and that the judgment debtor may not enforce the judgment debtor’s rights to money or property under any judgment procured in the action or proceeding by a writ or otherwise, unless one of the following requirements is satisfied:
(1) The prior approval by order of the court in which the action or proceeding is pending has been obtained.
(2) The written consent of the judgment creditor has been obtained or the judgment creditor has released the lien.
(3) The money judgment of the judgment creditor has been satisfied.
(h) A statement that the judgment debtor may claim an exemption for all or any portion of the money or property within 30 days after the judgment debtor has notice of the creation of the lien and a statement that, if the exemption is not claimed within the time allowed, the exemption is waived.
(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 5 - Lien in Pending Action or Proceeding › Section 708.430.

708.430. (a)The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding pursuant to Section 387.
(b) For the purposes of Sections 708.450 and 708.470, a judgment creditor shall be deemed to be a party to the action or special proceeding even though the judgment creditor has not become a party to the action or proceeding under subdivision (a).
(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 5 - Lien in Pending Action or Proceeding › Section 708.440.

708.440. (a)Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor’s money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the judgment debtor, without the written consent of the judgment creditor or authorization by order of the court obtained under subdivision (b).
(b)  Upon application by the judgment debtor, the court in which the action or special proceeding is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.
(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 5 - Lien in Pending Action or Proceeding › Section 708.450.

708.450. (a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim shall be made by application on noticed motion to the court in which the action or special proceeding is pending, filed and served on the judgment creditor not later than 30 days after the judgment debtor has notice of the creation of the lien. Service shall be made personally or by mail. The judgment debtor shall execute an affidavit in support of the application that includes all the matters set forth in subdivision (b) of Section 703.520. No notice of opposition to the claim of exemption is required. The failure of the judgment debtor to make a claim of exemption under this section constitutes a waiver of the exemption.
(b) The court may determine the exemption claim at any time prior to the entry of judgment in the action or special proceeding or may consolidate the exemption hearing with the hearing on a motion pursuant to Section 708.470.
(c) If the judgment debtor establishes to the satisfaction of the court that the right of the judgment debtor to money or property under the judgment in the action or special proceeding is all or partially exempt from enforcement of a money judgment, the court shall order the termination of the lien created under this article on the exempt portion of the money or property.
(Amended by Stats. 1984, Ch. 538, Sec. 31.)
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 5 - Lien in Pending Action or Proceeding › Section 708.460.

708.460. (a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created.
(b) Any abstract issued upon the judgment shall include a statement of the lien in favor of the judgment creditor.
(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 5 - Lien in Pending Action or Proceeding › Section 708.470.

708.470. (a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor’s rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail.
(b) If the judgment determines that the judgment debtor has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the lien created under this article.
(c) If the court determines that a party (other than the judgment debtor) having notice of the lien created under this article has transferred property that was subject to the lien or has paid an amount to the judgment debtor that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following:
(1) The value of the judgment debtor’s interest in the property or the amount paid the judgment debtor.
(2) The amount of the judgment creditor’s lien created under this article.
(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 5 - Lien in Pending Action or Proceeding › Section 708.480.

708.480. A lien created under this article may be enforced by any applicable procedure:
(a) After the judgment subject to the lien is entered and the time for appeal from the judgment has expired.
(b) If an appeal is filed from the judgment subject to the lien, after the appeal is finally determined.
(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 6 - Assignment Order › Section 708.510.

708.510. (a)Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:
(1) Wages due from the federal government that are not subject to withholding under an earnings withholding order.
(2) Rents.
(3) Commissions.
(4) Royalties.
(5) Payments due from a patent or copyright.
(6) Insurance policy loan value.
(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.
(c) Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:
(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.
(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.
(3) The amount remaining due on the money judgment.
(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.
(d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.
(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).
(f) Where a specific amount of the payment or payments to be assigned is exempt by another statutory provision, the amount of the payment or payments to be assigned pursuant to subdivision (a) shall not exceed the amount by which the payment or payments exceed the exempt amount.
(Amended by Stats. 1992, Ch. 163, Sec. 51. 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 6 - Miscellaneous Creditors Remedies › ARTICLE 6 - Assignment Order › Section 708.520.

708.520. (a)When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.
(b) The court may issue an order pursuant to this section upon a showing of need for the order. The court, in its discretion, may require the judgment creditor to provide an undertaking.
(c) The court may modify or vacate the order at any time with or without a hearing on such terms as are just.
(d) The order shall be personally served upon the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court.
(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 6 - Assignment Order › Section 708.530.

708.530. (a) Except as provided in subdivision (b), the effect and priority of an assignment ordered pursuant to this article is governed by Section 955.1 of the Civil Code. For the purpose of priority, an assignee of a right to payment pursuant to this article shall be deemed to be a bona fide assignee for value under the terms of Section 955.1 of the Civil Code.
(b) An assignment of the right to future rent ordered under this article is recordable as an instrument affecting real property and the priority of such an assignment is governed by Section 1214 of the Civil Code.
(Amended by Stats. 1984, Ch. 538, Sec. 32.)
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 6 - Assignment Order › Section 708.540.

708.540. The rights of an obligor are not affected by an order assigning the right to payment until notice of the order is received by the obligor. For the purpose of this section, “obligor” means the person who is obligated to make payments to the judgment debtor or who may become obligated to make payments to the judgment debtor depending upon future developments.
(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 6 - Assignment Order › Section 708.550.

708.550. (a) The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by application to the court on noticed motion filed not later than three days before the date set for the hearing on the judgment creditor’s application for an assignment order. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. Failure of the judgment debtor to make a claim of exemption is a waiver of the exemption.
(b) The notice of the motion shall be personally served on the judgment creditor not later than three days before the date set for the hearing.
(c) The court shall determine any claim of exemption made pursuant to this section at the hearing on issuance of the assignment order.
(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 6 - Assignment Order › Section 708.560.

708.560. (a) Either the judgment creditor or the judgment debtor may apply to the court on noticed motion for an order to modify or set aside the assignment order. The notice of motion shall be served on the other party. Service shall be made personally or by mail.
(b) The court shall make an order modifying or setting aside the assignment order upon a showing that there has been a material change in circumstances since the time of the previous hearing on the assignment order. The court may order a reassignment of the right to payments as necessary. The order shall state whether and to what extent it applies to payments already made.
(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 7 - Receiver to Enforce Judgment › Section 708.610.

708.610. The provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this article.
(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 7 - Receiver to Enforce Judgment › Section 708.620.

708.620. The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver is a reasonable method to obtain the fair and orderly satisfaction of the judgment.
(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 7 - Receiver to Enforce Judgment › Section 708.630.

708.630. (a) The judgment debtor’s interest in an alcoholic beverage license may be applied to the satisfaction of a money judgment only as provided in this section.
(b) The court may appoint a receiver for the purpose of transferring the judgment debtor’s interest in an alcoholic beverage license that is transferable under Article 5 (commencing with Section 24070) of Chapter 6 of Division 9 of the Business and Professions Code, unless the judgment debtor shows in the proceeding to appoint a receiver that the amount of delinquent taxes described in Section 24049 of the Business and Professions Code and claims of creditors with priority over the judgment creditor pursuant to Section 24074 of the Business and Professions Code exceed the probable sale price of the license.
(c) The receiver may exercise the powers of the licensee as necessary and in exercising such powers shall comply with the applicable provisions of Division 9 (commencing with Section 23000) of the Business and Professions Code and applicable regulations of the Department of Alcoholic Beverage Control. An application shall be filed to transfer the license to the receiver and a temporary retail permit shall be obtained during the pendency of the transfer.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.710.

708.710. As used in this article:
(a) “Local public entity” means any public entity other than the state.
(b) “Public entity” means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.
(c) “State” means the State of California.
(d) “State agency” means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.720.

708.720. (a) If a public entity owes money to the judgment debtor, the obligation of the public entity may be applied to the satisfaction of the money judgment against the judgment debtor only in the manner provided by (1) this article, (2) Chapter 5 (commencing with Section 706.010) (wage garnishment), or (3) Article 5 (commencing with Section 708.410) (lien in pending action or proceeding).
(b) The earnings of a public officer or employee shall not be withheld pursuant to this article. Except as expressly provided by law, the earnings of a public officer or employee may be withheld for the payment of a money judgment only pursuant to Chapter 5 (commencing with Section 706.010).
(c) If the obligation of a public entity to pay money to the judgment debtor is the subject of a pending action or special proceeding, the procedure in this article does not apply. The payment of the obligation that is the subject of the pending action or special proceeding may be applied to the satisfaction of the money judgment against the judgment debtor only in the manner provided in Article 5 (commencing with Section 708.410).
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.750.

708.750. If money is owing and unpaid to the judgment debtor by a public entity other than a state agency, the judgment creditor shall file the abstract or certified copy of the judgment and the affidavit with the auditor of the public entity or, if there is no auditor, with the official whose duty corresponds to that of auditor. To discharge the claim of the judgment debtor, the auditor or other official shall (1) deposit with the court by a warrant or check payable to the court, the amount due the judgment debtor (after deducting an amount sufficient to reimburse the public entity for any amounts advanced to the judgment debtor or owed by the judgment debtor to the public entity) required to satisfy the money judgment as shown by the affidavit in full or to the greatest extent and (2) pay the balance thereof, if any, to the judgment debtor.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.755.

708.755. (a) Upon compliance with this section, the lien of a judgment creditor pursuant to this article is created against a lottery prize to be paid in annual installments and shall continue in force and effect until the judgment is paid or expires, whichever occurs first. For the lien to continue in effect, the judgment creditor shall do all of the following:
(1) Commencing with the second installment against which the judgment lien creditor asserts its lien, annually file with the lottery an affidavit stating that the judgment has not been satisfied and the amount of the remaining unsatisfied judgment, including interest and costs, if any. This affidavit shall be filed with the lottery not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien.
(2) If the judgment lien is renewed, file with the lottery a certified copy of the renewal application, as authorized in this code not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien, in order for the judgment lien to be effective in continuing the existing judgment lien against the annual lottery prize payments.
(b) If the judgment lien creditor fails to file the annual statement, renewal of judgment, or renewal of abstract, the lien shall expire. Expiration of a lien for failure to comply with this section shall not preclude the judgment creditor from commencing a new procedure under this article to enforce the judgment, to the extent that the judgment otherwise continues to be enforceable under applicable law.
(Added by renumbering Section 708.750 (as added by Stats. 1995, Ch. 363) by Stats. 1996, Ch. 124, Sec. 14. Effective January 1, 1997.)
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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.760.

708.760. (a) If the judgment debtor named in the abstract or certified copy of the judgment filed pursuant to this article is a contractor upon a public work, the cost of which is to be paid out of public moneys voted, appropriated, or otherwise set apart for such purpose, only so much of the contract price shall be deemed owing and unpaid within the meaning of Section 708.740 or 708.750 as may remain payable under the terms of the contractor’s contract, upon the completion thereof, after deducting sums due and to become due to persons described in Section 9100 of the Civil Code. In ascertaining the sums due or to become due to such persons, only claims which are filed against the moneys due or to become due to the judgment debtor in accordance with Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4 of the Civil Code shall be considered.
(b) The Controller, auditor, or other public disbursing officer whose duty it is to make payments under the provisions of the contract may not deposit an amount with the court pursuant to this article until the contract is completed, but may deposit an amount with the court to satisfy the claim of the judgment debtor before the payments specified in subdivision (a) are made so long as a sufficient amount is retained for the satisfaction of the claims of persons described in Section 9100 of the Civil Code.
(Amended by Stats. 2010, Ch. 697, Sec. 23. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.775.

708.775. After the expiration of the period allowed for claiming an exemption under Section 708.770 if no exemption has been claimed, or after the determination of the claim of exemption if an exemption is claimed within the period allowed for claiming the exemption under Section 708.770, the court shall pay the nonexempt portion of the money deposited to which the judgment creditor is entitled to the judgment creditor and the balance thereof, if any, to the judgment debtor, unless some other disposition is required by law.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.785.

708.785. (a) The judgment creditor upon filing the abstract or certified copy of the judgment and the affidavit shall pay a fee of six dollars ($6) to the public entity with which it is filed.
(b) Fees received by the state under this section shall be deposited to the credit of the fund from which payments were, or would be, made on account of collection under this article.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.790.

708.790. No public officer or employee is liable for failure to perform a duty imposed by this article unless sufficient information is furnished by the abstract or certified copy of the judgment together with the affidavit to enable the officer or employee in the exercise of reasonable diligence to ascertain the identity of the judgment debtor therefrom and from the papers and records on file in the office in which the officer or employee works. The word “office” as used in this section does not include any branch or subordinate office located in a different city.
(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 8 - Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity › Section 708.795.

708.795. Except as to sums due and unpaid under a judgment for support, nothing in this article authorizes the filing against an overpayment of tax, penalty, or interest, or interest allowable with respect to an overpayment, under Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code or under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
(Amended by Stats. 1984, Ch. 1007, Sec. 3.)
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 9 - Enforcement Against Franchise › Section 708.910.

708.910. As used in this article, “franchise” means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation.
(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 9 - Enforcement Against Franchise › Section 708.920.

708.920. (a) The court may, in its discretion, order a franchise applied to the satisfaction of a money judgment upon application by the judgment creditor made on noticed motion. The notice of motion shall be served on the judgment debtor and the public entity that granted the franchise. Service shall be made personally or by mail. In exercising its discretion, the court shall determine whether application of the franchise to the satisfaction of the judgment is proper taking into account all the circumstances of the case, including but not limited to the nature of the franchise, whether the franchise is by its terms transferable, and the likelihood that application of the franchise to the satisfaction of the judgment will yield a substantial amount.
(b) If the court orders application of the franchise to the satisfaction of the judgment, application shall be by such means as appears proper to the court, including but not limited to sale of the franchise, assignment of the franchise or proceeds of the franchise, or appointment of a receiver. The court may include in its order, or make additional orders containing, provisions to effectuate the application of the franchise to the satisfaction of the judgment, including but not limited to provisions relating to the place of sale of the franchise, possession of the property of the judgment debtor necessary for the exercise of the franchise, receipt of proceeds of the franchise, recovery of penalties imposed by law and recoverable for injury to the franchise or for damages or other cause, and the judgment debtor’s powers, duties, and liability for penalties and forfeitures.
(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 9 - Enforcement Against Franchise › Section 708.930.

708.930. Notwithstanding any other provision of this article, an order for application of a franchise to the satisfaction of a money judgment is subject to all applicable laws governing sale, transfer, or other actions concerning the franchise, including but not limited to any necessary approvals by the Public Utilities Commission or local public entities and compliance with statutory or administrative regulations.
(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 10 - Other Enforcement Procedures › Section 709.010.

709.010. (a) As used in this section, “trust” has the meaning provided in Section 82 of the Probate Code.
(b) The judgment debtor’s interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under this section by a judgment creditor to a court having jurisdiction over administration of the trust as prescribed in Part 5 (commencing with Section 17000) of Division 9 of the Probate Code. The judgment debtor’s interest in the trust may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper, including but not limited to imposition of a lien on or sale of the judgment debtor’s interest, collection of trust income, and liquidation and transfer of trust property by the trustee.
(c) Nothing in this section affects the limitations on the enforcement of a money judgment against the judgment debtor’s interest in a trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of the Probate Code, and the provisions of this section are subject to the limitations of that chapter.
(Amended by Stats. 1986, Ch. 820, Sec. 18. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
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 10 - Other Enforcement Procedures › Section 709.020.

709.020. The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgment debtor in property that is not vested in the judgment debtor. The interest of the judgment debtor may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper to protect the interests of both the judgment debtor and judgment creditor, including but not limited to the imposition of a lien on or the sale of the judgment debtor’s interest.
(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 10 - Other Enforcement Procedures › Section 709.030.

709.030. Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in which the guardianship or conservatorship proceeding is pending under Division 4 (commencing with Section 1400) of the Probate Code for an order requiring payment of the 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 3 - ENFORCEMENT OF NONMONEY JUDGMENTS › CHAPTER 1 - General Provisions › Section 712.010.

712.010. After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.
(Amended by Stats. 1988, Ch. 1405, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 3 - ENFORCEMENT OF NONMONEY JUDGMENTS › CHAPTER 1 - General Provisions › Section 712.020.

712.020. A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment and shall include the following information:
(a) The date of issuance of the writ.
(b) The title of the court where the judgment for possession or sale is entered and the cause and number of the action.
(c) The name and address of the creditor and the name and last known address of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated.
(d) The date the judgment was entered, and the date of any subsequent renewals, and where entered in the records of the court.
(e) If the judgment for possession or sale includes a money judgment, the amount required to satisfy the money judgment on the date the writ is issued, and the amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued may be included on the writ at the option of the creditor.
(f) Whether any person has requested notice of sale under the judgment and, if so, the name and address of that person.
(g) Any other information required to be included in the particular writ.
(h) A statement indicating whether the case is limited or unlimited.
(Amended by Stats. 2010, Ch. 680, Sec. 14. (AB 2394) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 3 - ENFORCEMENT OF NONMONEY JUDGMENTS › CHAPTER 1 - General Provisions › Section 712.030.

712.030. (a) Upon delivery of the writ of possession or sale to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law.
(b) The levying officer may not levy upon or otherwise seize property under the writ after the expiration of 180 days from the date the writ was issued.
(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 3 - ENFORCEMENT OF NONMONEY JUDGMENTS › CHAPTER 1 - General Provisions › Section 712.040.

712.040. (a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for possession or sale. If amounts due under the judgment are not satisfied pursuant to the writ of possession or sale, the judgment creditor may use a writ of execution to satisfy any money judgment included in the judgment after the writ of possession or sale has been returned or 180 days after its issuance, whichever is earlier. If the judgment creditor does not desire issuance of a writ of possession or sale (because possession has been voluntarily surrendered, the secured obligation has been voluntarily satisfied, or other reason), a writ of execution may be issued to satisfy any money judgment included in the judgment.
(b) Whether or not a writ of possession or sale has been issued, enforced, or returned, the judgment creditor may use any available remedies provided by Chapter 5 (commencing with Section 706.010) or Chapter 6 (commencing with Section 708. 010) of Division 2 to satisfy any money judgment included in the judgment.
(c) Notwithstanding subdivisions (a) and (b), if so ordered in a judgment for sale, a money judgment included in the judgment may only be enforced as ordered by the court.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)