Section § 681.010

Explanation

This law outlines how different types of court judgments are enforced. Money judgments, or orders to pay money, follow rules starting in a specific section. If the judgment is about possession of personal or real property, there are separate rules for each type. If there's a judgment to sell property, there's a different process to follow. Finally, if a judgment demands someone to do or not do something that's not mentioned above, there's yet another set of guidelines.

Except as otherwise provided by statute:
(a)CA Civil Procedure Code § 681.010(a) A money judgment is enforceable as provided in Division 2 (commencing with Section 695.010).
(b)CA Civil Procedure Code § 681.010(b) A judgment for possession of personal property is enforceable as provided in Chapter 2 (commencing with Section 714.010) of Division 3.
(c)CA Civil Procedure Code § 681.010(c) A judgment for possession of real property is enforceable as provided in Chapter 3 (commencing with Section 715.010) of Division 3.
(d)CA Civil Procedure Code § 681.010(d) A judgment for sale of real or personal property is enforceable as provided in Chapter 4 (commencing with Section 716.010) of Division 3.
(e)CA Civil Procedure Code § 681.010(e) A judgment requiring performance of an act not described in subdivisions (a) to (d), inclusive, or requiring forbearance from performing an act, is enforceable as provided in Chapter 5 (commencing with Section 717.010) of Division 3.

Section § 681.020

Explanation

If someone has been given a judgment and they want to enforce it, they need to officially file proof that the judgment has been transferred to them, or be recognized as the assignee in official records as per Section 673.

An assignee of a judgment is not entitled to enforce the judgment under this title unless an acknowledgment of assignment of judgment to that assignee has been filed or the assignee has otherwise become an assignee of record under Section 673.

Section § 681.030

Explanation

This law section explains that the Judicial Council can set the rules for how legal proceedings under this title should be conducted, including creating required forms for applications and other legal documents in any language. Forms completed in another language have the same legal effect as those in English. Additionally, the Judicial Council must provide a form listing exemptions from money judgments, citing relevant laws, and explaining where to find exemption amounts.

(a)CA Civil Procedure Code § 681.030(a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title.
(b)CA Civil Procedure Code § 681.030(b) The Judicial Council may prescribe the form of the applications, notices, orders, writs, and other papers to be used under this title. The Judicial Council may prescribe forms in languages other than English. The timely completion and return of a Judicial Council form prescribed in a language other than English has the same force and effect as the timely completion and return of an English language form.
(c)CA Civil Procedure Code § 681.030(c) The Judicial Council shall prepare a form containing all of the following:
(1)CA Civil Procedure Code § 681.030(c)(1) A list of each of the federal and this state’s exemptions from enforcement of a money judgment against a natural person.
(2)CA Civil Procedure Code § 681.030(c)(2) A citation to the relevant statute of the United States or this state which creates each of the exemptions.
(3)CA Civil Procedure Code § 681.030(c)(3) Information on how to obtain the list of exemption amounts published pursuant to subdivision (f) of Section 703.150.

Section § 681.035

Explanation

This law allows the California Law Revision Commission to keep looking over the rules for enforcing court decisions and suggest improvements to the Governor and Legislature.

The California Law Revision Commission is authorized to maintain a continuing review of and submit recommendations to the Governor and the Legislature concerning enforcement of judgments.

Section § 681.040

Explanation

This law says that if you need to file a document with a levying officer, it is officially considered filed when the officer actually receives it.

If a paper is required or permitted to be filed with a levying officer under this title, the paper is considered filed when it is actually received by the levying officer.

Section § 681.050

Explanation

This section says that if a part of this law is found to be invalid or not applicable, the rest of the law still stands. The law is designed so that each part can work independently, and any invalid part doesn't impact the rest.

If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.