For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court.
Definitions and General ProvisionsEnforcement of Judgments by Labor Commissioner
Section § 690.020
This law gives the superior court the authority to handle cases related to the remedies discussed in this chapter.
superior court jurisdiction remedies
Section § 690.030
This section allows the California Labor Commissioner to issue a warrant or notice of levy, similar to how a lien or seizure is performed when collecting money due under a court judgment. The Commissioner can use various methods available to someone owed money by a court decision to collect what is owed, like garnishing wages. These collection actions can be enforced in the superior court of the county where either the employee, the debtor, or the person facing levy or warrant lives.
(a)CA Civil Procedure Code § 690.030(a) Except as otherwise provided by statute, whenever a warrant or notice of levy may properly be issued by the Labor Commissioner pursuant to Section 96.8 of the Labor Code, and the warrant may be levied with the same effect as a levy pursuant to a writ of execution, the Labor Commissioner may use any of the remedies available to a judgment creditor, including, but not limited to, those provided in Chapter 6 (commencing with Section 708.010) of Division 2.
(b)CA Civil Procedure Code § 690.030(b) The proper court for the enforcement of the remedies provided under this chapter is the superior court of any of the following counties:
(1)CA Civil Procedure Code § 690.030(b)(1) The county where the employee resides.
(2)CA Civil Procedure Code § 690.030(b)(2) The county where the judgment debtor resides.
(3)CA Civil Procedure Code § 690.030(b)(3) The county where the person against whom the levy or warrant was issued resides.
Labor Commissioner warrant notice of levy
Section § 690.040
This section explains how the Labor Commissioner can collect money from someone's property when they have not paid a judgment or award. If the person who owes money is an individual, they can claim certain protections just like any other debtor. Another person or entity claiming rights to the property can also make their claims. These claims need to be processed through specific legal procedures, involving either exemptions or third-party claims. All claims must be submitted to the Labor Commissioner and will be decided in superior court as specified.
(a)CA Civil Procedure Code § 690.040(a) Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award:
(1)CA Civil Procedure Code § 690.040(a)(1) If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall
be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.
(2)CA Civil Procedure Code § 690.040(a)(2) A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions (b) and (c) or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.
(b)CA Civil Procedure Code § 690.040(b) In the case of a warrant or notice of levy issued pursuant to Section 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner.
(c)CA Civil Procedure Code § 690.040(c) A claim of exemption or a
third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision (b) of Section 690.030.
Labor Commissioner unsatisfied judgment debtor exemptions
Section § 690.050
This law allows the Labor Commissioner in California to act in place of a levying officer when trying to collect unpaid judgments or awards related to employment disputes. The Labor Commissioner doesn't have to provide the usual notices to themselves as a levying officer would. Also, the Commissioner can directly notify banks, savings and loan associations, or account debtors when collecting certain assets such as deposits or accounts. This action can be taken without a court-issued execution order, as long as the notice includes all required information.
(a)CA Civil Procedure Code § 690.050(a) Notwithstanding any other law, in the case of a writ of execution issued by a court of competent jurisdiction pursuant to Chapter 3 (commencing with Section 699.010) and Chapter 5 (commencing with Section 706.010) of Division 2, the Labor Commissioner, when collecting an unsatisfied judgment or award pursuant to Section 96.8 of the Labor Code, may perform the duties of the levying officer, except that the Labor Commissioner need not give himself or herself
the notices that the levying officer is required to serve on a judgment creditor or the notices that a judgment creditor is required to give to the levying officer.
(b)CA Civil Procedure Code § 690.050(b) Notwithstanding subdivision (a) of Section 700.140 and Sections 700.150, 700.160, and 700.170, if the levy is for a deposit, credits, money, or property in the possession or under the control of a bank or savings and loan association or for an account receivable or other general intangible owed to the judgment debtor by an account debtor, the Labor Commissioner may deliver or mail a notice of levy to a centralized location designated by the bank or savings and loan association or, in the case of an account receivable or other general intangible, to the agent for service of process of the account debtor. If the notice of levy is received at the designated central location for the bank or savings and loan association, the notice of levy will apply to all deposits, credits, money,
and personal property held by the bank or savings and loan association regardless of the location of that property. The notice of levy may be issued directly by the Labor Commissioner, whether or not a court has issued a writ of execution, and shall contain all of the information required to be included in a writ of execution under Section 699.520 and in a notice of levy under Section 699.540.
Labor Commissioner unsatisfied judgment writ of execution
