Definitions and General ProvisionsTransitional Provisions
Section § 694.010
This section defines terms used in a specific chapter of the California Code of Civil Procedure. It clarifies that the 'operative date' refers to July 1, 1983, and 'prior law' refers to the laws that were in effect as of June 30, 1983.
Section § 694.020
This law means that new rules usually apply to ongoing or already started court cases unless the court believes applying these new rules would seriously disrupt the case or harm someone's rights. In those situations, the old rules continue to apply.
Section § 694.030
This law explains how the enforcement of certain money judgments, or judgments related to property, is handled after a specific date. Generally, these judgments are subject to rules outlined in Chapter 3 of the relevant laws. However, even if a judgment can't be renewed under normal procedures because the time limit has expired, it might still be renewed within two years of the operative date. This can happen if a court decides that enforcement would have been allowed under previous rules, and if they issue an order to renew the judgment after reviewing a filed motion. The person who owes the judgment must be notified of this motion either in person or by mail.
Section § 694.040
This section talks about the rules for handling property or debts that are being used to satisfy a court judgment if the legal process started before a certain change in the law. For judgments made before the new law took effect, the old laws apply when selling property or taking possession to pay off the debt. If the sale of property occurs after the new law begins, a different rule found in another section applies to how payments are handled.
Section § 694.050
This law talks about the sale of property that has been seized for debt. Normally, such property can be sold, and the original owner has the chance to buy it back, a process called redemption. However, if the debt collector and the person who owes the debt both agree in writing, they can skip the redemption process and sell the property outright. Even if a sale happened before this law took effect, people can still buy back their property using the old rules if it was eligible for redemption back then.
Section § 694.060
You can start a legal action within one year after a certain start date if it was allowed by the law in place the day before that date.
Section § 694.070
This law states that if a third-party claim or a demand related to a claim involving a secured party was filed or served before a certain date, the rules that were in place before that date will still apply. In other words, older claims are governed by the old rules, not any new ones that might have come into effect after that date.
Section § 694.080
This law says that certain protections you usually have against money judgments don't count if your property was already targeted by a lien before a certain date. In that case, whether your property is protected depends on the laws in place when the lien was originally placed.
Section § 694.090
If you made a declaration to protect your home from creditors under the old rules, it will only be valid if it aligns with the new rules that start with Section 704.910.