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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.080.

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

700.090. If a vehicle or vessel is levied upon and a certificate of ownership has been issued by the Department of Motor Vehicles for such vehicle or vessel and the certificate of ownership is still in effect, or if a manufactured home, mobilehome, or commercial coach is levied upon and a permanent title record has been established by the Department of Housing and Community Development for such manufactured home, mobilehome, or commercial coach the levying officer shall determine from the appropriate department the name and address of the legal owner and each junior lienholder of the property levied upon. If the legal owner or junior lienholder is not the judgment debtor and is not in possession of the vehicle, vessel, manufactured home, mobilehome, or commercial coach, the levying officer shall at the time of levy or promptly thereafter serve a copy of the writ of execution and a notice of levy on the legal owner or junior lienholder. Service shall be made personally or by mail.
(Amended by Stats. 1983, Ch. 1124, Sec. 10.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.100.

700.100. (a) To levy upon chattel paper, the levying officer shall:
(1) If the chattel paper is in the possession of the judgment debtor, take the chattel paper into custody.
(2) If the chattel paper is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.
(b) If the levying officer obtains custody of the chattel paper or if pursuant to a security agreement the judgment debtor has liberty to collect or compromise the chattel paper or to accept the return of goods or make repossessions, the levying officer shall, if so instructed by the judgment creditor, serve a copy of the writ of execution and a notice of levy on the account debtor. Service shall be made personally or by mail.
(c) In addition to any other rights created by a levy on chattel paper, the levy creates a lien on the judgment debtor’s rights in specific goods subject to the chattel paper.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.110.

700.110. (a) To levy upon an instrument, the levying officer shall:
(1) If the instrument is in the possession of the judgment debtor, take the instrument into custody.
(2) If the instrument is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.
(b) If the levying officer obtains custody of the instrument, the levying officer shall, if the judgment creditor so instructs, serve a copy of the writ of execution and a notice of levy on the obligor. Service shall be made personally or by mail.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.120.

700.120. To levy upon a negotiable document of title, the levying officer shall:
(a) If the negotiable document of title is in the possession of the judgment debtor, take the negotiable document of title into custody.
(b) If the negotiable document of title is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.130.

700.130. To levy upon a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security is located and, where that state is California, means personal service by the levying officer of a copy of the writ of execution and notice of levy on the person who is to be served.
(Amended by Stats. 1996, Ch. 497, Sec. 3. Effective January 1, 1997.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.150.

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

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

700.170. (a) Unless another method of levy is provided by this article, to levy upon an account receivable or general intangible, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the account debtor.
(b) If a levy is made under subdivision (a) and payments on the account receivable or general intangible are made to a person other than the judgment debtor (whether pursuant to a security agreement, assignment for collection, or otherwise), the levying officer shall, if so instructed by the judgment creditor, personally serve a copy of the writ of execution and a notice of levy on such third person. Service of the copy of the writ and notice of levy on such third person is a levy on any amounts owed to the judgment debtor by such third person.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.180.

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

700.190. (a) As used in this section, “final money judgment” means a money judgment after the time for appeal from the judgment has expired or, if an appeal is filed, after the appeal has been finally determined.
(b) To levy upon a final money judgment, the levying officer shall file a copy of the writ of execution and a notice of levy with the clerk of the court that entered the final money judgment. The court clerk shall endorse upon the judgment a statement of the existence of the execution lien and the time it was created. If an abstract of the judgment is issued, it shall include a statement of the execution lien in favor of the judgment creditor.
(c) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on the judgment debtor obligated to pay the final money judgment levied upon. Service shall be made personally or by mail.
(Amended by Stats. 1984, Ch. 538, Sec. 25.3.)
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 3 - Execution › ARTICLE 4 - Methods of Levy › Section 700.200.

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

701.010. (a) Except as otherwise provided by statute, when a levy is made by service of a copy of the writ of execution and a notice of levy on a third person, the third person at the time of levy or promptly thereafter shall comply with this section.
(b) Unless the third person has good cause for failure or refusal to do so:
(1) The third person shall deliver to the levying officer any of the property levied upon that is in the possession or under the control of the third person at the time of levy unless the third person claims the right to possession of the property.
(2) To the extent that the third person does not deny an obligation levied upon, or claim a priority over the judgment creditor’s lien, the third person shall pay to the levying officer both of the following:
(A) The amount of the obligation levied upon that is due and payable to the judgment debtor at the time of levy.
(B) Amounts that become due and payable to the judgment debtor on the obligation levied upon during the period of the execution lien.
(3) If the third person makes a delivery or payment to the levying officer pursuant to this section, the third person shall execute and deliver any documents necessary to effect the transfer of the property.
(c) For the purposes of this section, “good cause” includes, but is not limited to, a showing that the third person did not know or have reason to know of the levy from all the facts and circumstances known to the third person.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.020.

701.020. (a) If a third person is required by this article to deliver property to the levying officer or to make payments to the levying officer and the third person fails or refuses without good cause to do so, the third person is liable to the judgment creditor for whichever of the following is the lesser amount:
(1) The value of the judgment debtor’s interest in the property or the amount of the payments required to be made.
(2) The amount required to satisfy the judgment pursuant to which the levy is made.
(b) The third person’s liability continues until the earliest of the following times:
(1) The time when the property levied upon is delivered to the levying officer or the payments are made to the levying officer.
(2) The time when the property levied upon is released pursuant to Section 699. 060.
(3) The time when the judgment is satisfied or discharged.
(c) If the third person’s liability is established, the court that determines the liability may, in its discretion, require the third person to pay the costs and reasonable attorney’s fees incurred by the judgment creditor in establishing the liability.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.035.

701.035. A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any information contained in the garnishee’s memorandum.
(Added by Stats. 1983, Ch. 155, Sec. 14.6. 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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.040.

701.040. (a) Except as otherwise ordered by the court upon a determination that the judgment creditor’s lien has priority over the security interest, if property levied upon is subject to a security interest that attached prior to levy, the property or obligation is subject to enforcement of the security interest without regard to the levy unless the property is in the custody of the levying officer; but, if the execution lien has priority over the security interest, the secured party is liable to the judgment creditor for any proceeds received by the secured party from the property to the extent of the execution lien.
(b) After the security interest is satisfied, the secured party shall deliver any excess property, and pay any excess payments or proceeds of property, remaining in the possession of the secured party to the levying officer for the purposes of the levy, as provided in Section 9615 of the Commercial Code, unless otherwise ordered by the court or directed by the levying officer.
(Amended (as added by Stats. 1990, Ch. 1125, Sec. 1.5) by Stats. 1999, Ch. 991, Sec. 24.5. Effective January 1, 2000. Amending action operative July 1, 2001, by Sec. 75 of Ch. 991. Section initially operative (in amended form) January 1, 2002, pursuant to Stats. 1990, Ch. 1125, Sec. 5, as amended by Stats. 1998, Ch. 932.)
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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.050.

701.050. After service of a copy of the writ of execution and a notice of levy on an account debtor obligated on an account receivable, chattel paper, or general intangible:
(a) If the account debtor has been making payments or is required to make payments to the judgment debtor, the account debtor shall make payments to the levying officer as they become due unless otherwise directed by court order or by the levying officer. Payments made to the judgment debtor after the account debtor has received notice of the levy do not discharge the obligation of the account debtor to make payments as required by this subdivision.
(b) If the account debtor has been making payments to a third person or is required to make payments to a third person (whether pursuant to a security agreement, assignment for collection, or otherwise), the account debtor shall continue to make such payments to the third person notwithstanding the levy until the account debtor receives notice that the obligation to the third person is satisfied or is otherwise directed by court order or by the third person. After the account debtor receives notice that the obligation to the third person is satisfied, the account debtor shall make payments to the levying officer as they become due unless otherwise directed by court order or by the levying officer.
(c) If pursuant to a security agreement the judgment debtor has liberty to accept the return of goods or make repossessions under the account receivable or chattel paper, the account debtor shall deliver to the levying officer property returnable to the judgment debtor unless otherwise directed by court order or by the levying officer.
(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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.060.

701.060. If the levying officer obtains custody of an instrument levied upon and serves the obligor under the instrument pursuant to the levy, the obligor shall make payments to the levying officer as they become due. Payments made to a person other than the levying officer do not discharge the obligation of the obligor to make payments as required by this section if the payments are made after the obligor has received notice of the levy.
(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 3 - Execution › ARTICLE 5 - Duties and Liabilities of Third Persons After Levy › Section 701.070.

701.070. If a final money judgment has been levied upon and the levying officer has served the judgment debtor under the final money judgment levied upon, the judgment debtor shall make any payments due under the judgment to the levying officer. Payments made to a person other than the levying officer do not discharge the obligation of the judgment debtor under the final money judgment levied upon if the payments are made after the judgment debtor has received notice of the levy.
(Added by Stats. 1984, Ch. 538, Sec. 25.5.)
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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.510.

701.510. Subject to Sections 687.020 and 701.520, the levying officer shall sell all property that has been levied upon except:
(a) Tangible personal property may not be sold until the levying officer obtains custody of the property.
(b) Cash may not be sold unless it has a value exceeding its face value.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.520.

701.520. (a) Except as provided in this section, any of the following property that has been levied upon shall be collected rather than sold:
(1) Accounts receivable.
(2) Chattel paper.
(3) General intangibles.
(4) Final money judgments.
(5) Instruments that are not customarily transferred in an established market.
(6) Instruments that represent an obligation arising out of the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased or licensed for use, the services furnished, or the money loaned was used by an individual primarily for personal, family, or household purposes.
(b) At the time of levy on property described in subdivision (a) or thereafter, the judgment creditor may serve a notice of intended sale of the property on the judgment debtor. Service shall be made personally or by mail. A copy of the notice of intended sale and proof of service on the judgment debtor shall be filed with the court and with the levying officer. The notice of intended sale shall describe the property and state that it will be sold at an execution sale unless, within the time allowed after service of the notice of intended sale, the judgment debtor applies to the court on noticed motion for an order that the property be collected rather than sold.
(c) Within 10 days after service of the notice of intended sale, the judgment debtor may apply to the court on noticed motion for an order that the property be collected rather than sold. A judgment debtor who so applies shall, within the time allowed for the application, serve a copy of the notice of motion on the judgment creditor and file a copy of the notice of motion with the levying officer. Service of the copy of the notice of motion on the judgment creditor shall be made personally or by mail. If the copy of the notice of motion is not filed with the levying officer within the time allowed, the levying officer shall proceed to sell the property. If a copy of the notice of motion is filed with the levying officer within the time allowed, the levying officer shall continue to collect the property until otherwise ordered by the court.
(d) At the hearing on the motion, the court may in its discretion order that the property be sold or be collected depending on the equities and circumstances of the particular case. If the court orders that the property be sold, the order may specify terms and conditions of sale. If the court orders that the property be collected, the court may condition its order on an assignment of the property by the judgment debtor to the judgment creditor pursuant to Article 6 (commencing with Section 708.510) of Chapter 6.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.530.

701.530. (a) Notice of sale of personal property shall be in writing, shall state the date, time, and place of sale, and shall describe the property to be sold.
(b) Not less than 10 days before a sale of personal property, notice of sale shall be posted and served on the judgment debtor by the levying officer. Service shall be made personally or by mail.
(c) Posting under this section shall be in three public places in:
(1) The city in which the property is to be sold if it is to be sold in a city.
(2) The county in which the property is to be sold if it is not to be sold in a city.
(d) A sale of personal property of an individual may not take place until the expiration of the time during which the judgment debtor may make a claim of exemption under subdivision (a) of Section 703.520.
(Amended by Stats. 2002, Ch. 784, Sec. 68. 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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.545.

701.545. Notice of sale of an interest in real property, other than a leasehold estate with an unexpired term of less than two years at the time of levy, may not be given pursuant to Section 701.540 until the expiration of 120 days after the date notice of levy on the interest in real property was served on 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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.547.

701.547. A notice of sale shall contain the substance of the following statement: “Prospective bidders should refer to Sections 701.510 to 701.680, inclusive, of the Code of Civil Procedure for provisions governing the terms, conditions, and effect of the sale and the liability of defaulting bidders.”
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.550.

701.550. (a) In addition to the notice of sale required by this article, the levying officer shall, at the time notice of sale is posted pursuant to Section 701.530 or 701.540, mail notice of sale to any person who has requested notice of the sale pursuant to this section.
(b) A request for notice of sale under this section made prior to the issuance of the writ shall be in writing and shall be filed with the clerk of the court where the judgment is entered. The request shall specify the title of the court, the cause and number of the action in which the judgment was entered, and the date of entry thereof, and shall state the address to which the notice of sale is to be mailed. The name and address of the person requesting notice of sale under this subdivision shall be noted on the writ.
(c) A person who desires notice of sale of particular property that has been levied upon may file a request for notice of sale with the levying officer who will conduct the sale. The request shall contain the information specified by the levying officer as needed in order to comply with the 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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.555.

701.555. In addition to the notice of sale required by this article, the judgment creditor may advertise the sale in the classified or other advertising section of a newspaper of general circulation or other publication and may recover reasonable costs of such advertising. The judgment debtor may also advertise the sale at the judgment debtor’s own expense.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.560.

701.560. (a) Failure to give notice of sale as required by this article does not invalidate the sale.
(b) A levying officer who sells property without giving the required notice is liable to the judgment creditor and the judgment debtor for actual damages caused by failure to give notice.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.570.

701.570. (a) A sale of property shall be held at the date, time, and place specified in the notice of sale, which shall be in the county where the property or a part thereof is situated and between the hours of nine in the morning and five in the afternoon. Subject to subdivision (d), real property consisting of one parcel, or of two or more contiguous parcels, situated in two or more counties may be sold in one county as instructed by the judgment creditor.
(b) The sale shall be made at auction to the highest bidder.
(c) If personal property capable of manual delivery is to be sold, it shall be within the view of those who attend the sale unless, upon application of the judgment creditor or the judgment debtor, the court orders otherwise.
(d) Property shall be sold separately or in such groups or lots as are likely to bring the highest price. The judgment debtor may request that the property be sold separately or together and may request that the property be sold in a particular order. If the judgment debtor is not present at the sale, the request may be made in writing and delivered to the levying officer prior to the sale. The levying officer shall honor the request if, in the opinion of the levying officer, the requested manner of sale is likely to yield an amount at least equal to any other manner of sale or the amount required to satisfy the money judgment. The levying officer is not liable for a decision made in good faith under this subdivision.
(e) After sufficient property has been sold to yield the amount required to satisfy the money judgment, no more shall be sold.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.580.

701.580. The judgment debtor and judgment creditor together may request in writing that a sale be postponed to an agreed day and hour. The request shall be delivered to the levying officer conducting the sale, and the levying officer shall, by public declaration at the time and place originally fixed for the sale, postpone the sale to the day and hour fixed in the request. Notice of any additional postponements shall be given by public declaration by the levying officer at the time and place last appointed for the sale. No other notice of postponed sale need be given. A postponed sale shall be held at the place originally fixed for the sale.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.590.

701.590. (a) Except as otherwise provided in this section, the purchaser at a sale shall pay in cash or by certified check or cashier’s check.
(b) The judgment creditor may bid by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judgment, except that the levying officer’s costs remaining unsatisfied and the amount of preferred labor claims, exempt proceeds, and any other claim that is required by statute to be satisfied, shall be paid in cash or by certified check or cashier’s check.
(c) If the highest bid for an interest in real property sold exceeds five thousand dollars ($5,000), the highest bidder may elect to treat the sale as a credit transaction. A person who makes the election shall deposit at least five thousand dollars ($5,000) or 10 percent of the amount bid, whichever is greater, and within 10 days after the date of the sale shall pay the balance due plus costs accruing with regard to the property sold and interest accruing at the rate on money judgments on the balance of the amount bid from the date of sale until the date of payment.
(d) If the highest bid for an item, group, or lot of personal property sold exceeds two thousand five hundred dollars ($2,500), the highest bidder may elect to treat the sale as a credit transaction. A person who makes the election shall deposit at least two thousand five hundred dollars ($2,500) or 10 percent of the amount bid, whichever is greater, and within 10 days after the date of the sale shall pay the balance due plus costs accruing with regard to the property sold and interest accruing at the rate on money judgments on the balance of the amount bid from the date of sale until the date of payment.
(e) A person who makes the election under subdivision (c) or (d) is not entitled to possession of the property sold until the amount bid, plus accruing costs and interest, have been paid.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.600.

701.600. If the highest bidder does not pay the amount bid as prescribed by Section 701.590:
(a) The levying officer shall sell the property:
(1) If the default occurs at the sale, either to the next highest bidder at the amount of the next highest bid if such bidder agrees or to the highest bidder at a new sale held immediately.
(2) If the default occurs after the sale to a credit bidder pursuant to subdivision (c) of Section 701.590, to the highest bidder at a new sale.
(b) The levying officer shall apply the amount of any deposit made pursuant to subdivision (c) of Section 701.590 in the following order:
(1) To the satisfaction of costs accruing with regard to the property sold from the date of the sale until the date the property is resold, including costs of resale.
(2) To the satisfaction of interest at the rate on money judgments on the amount bid from the date of the sale until the date the property is resold.
(3) To the amount required to satisfy the money judgment in the order of distribution prescribed by Section 701.810 or Section 704.850, whichever is applicable.
(c) If there is a sale to the next highest bidder or to the highest bidder at a new sale, the defaulting bidder is liable for the following amounts in an action by the judgment creditor or judgment debtor:
(1) The amount bid, less the amount obtained from the resale of the property and the amount of any deposit applied pursuant to subdivision (b). The amount recovered pursuant to this paragraph shall be distributed in the manner prescribed by Section 701.810 or Section 704.850, whichever is applicable.
(2) Any costs accruing with regard to the property sold from the date of sale until the date the property is resold, including costs of resale.
(3) Interest at the rate on money judgments on the amount bid from the date of the sale until the date the property is resold.
(4) Costs and attorney’s fees incurred in the action under this subdivision.
(d) The levying officer may, in the levying officer’s discretion, reject any subsequent bid of the defaulting bidder.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.610.

701.610. The levying officer may not be a purchaser or have an interest in any purchase at a sale.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.620.

701.620. (a) Property may not be sold unless the amount bid exceeds the total of the following amounts:
(1) The amount of all preferred labor claims that are required by Section 1206 to be satisfied from the proceeds.
(2) The amount of any state tax lien (as defined in Section 7162 of the Government Code) that is superior to the judgment creditor’s lien.
(3) If the purchaser is not the judgment creditor, the amount of any deposit made pursuant to Section 720.260 with interest thereon at the rate on money judgments from the date of the deposit to the date of the sale.
(b) Property for which a proceeds exemption is provided by Section 704.010 (motor vehicle), 704.020 (household furnishings and other personal effects), or 704.060 (tools of trade), may not be sold unless the amount bid exceeds the sum of any amount under subdivision (a) and the amount of the proceeds exemption.
(c) If a minimum bid required for the sale of property pursuant to this section is not received, the levying officer shall promptly release the property.
(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 3 - Execution › ARTICLE 6 - Sale and Collection › Section 701.630.

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

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

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