Section § 699.010

Explanation

This law explains that when you need to collect money from someone due to a court decision, the process is usually guided by specific rules called a writ of execution, unless another law says differently.

Except as otherwise provided by statute, this chapter governs enforcement of a money judgment by a writ of execution.

Section § 699.020

Explanation

If someone owes money to a person who has a judgment against them, they can pay the debt to an officer in charge of collecting the judgment. The officer will give them a receipt showing the debt amount paid, and this payment will be considered accepted and finalized for the paid amount.

At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor may pay to the levying officer the amount of the debt or so much thereof as is necessary to satisfy the money judgment. The levying officer shall give a receipt for the amount paid and such receipt is a discharge for the amount paid.

Section § 699.030

Explanation

This law explains what happens when someone who's owed money (a judgment creditor) wants to take personal items from a debtor (the person who owes money) that are inside the debtor’s private space. First, the officer in charge must ask the debtor to hand over the items and tell them they might have to pay extra costs if the officer has to come back again. If the debtor refuses, the officer stops trying and informs the creditor. Then, the creditor can ask the court for permission to forcefully take the items. The court will only allow this if there's good reason to believe the items are there. Even with permission, the officer must clearly identify themselves and their purpose. If the items aren't given over, they can break into the property carefully. However, if this poses a serious danger to anyone, the officer avoids entry and reports back to the court, which will decide what to do next.

If personal property sought to be levied upon is located in a private place of the judgment debtor:
(a)CA Civil Procedure Code § 699.030(a) The levying officer making the levy shall demand delivery of the property by the judgment debtor and shall advise the judgment debtor that the judgment debtor may be liable for costs and attorney’s fees incurred in any further proceedings to obtain delivery of the property. If the judgment debtor does not deliver the property, the levying officer shall make no further effort to obtain custody of the property and shall promptly notify the judgment creditor of the failure to obtain custody of the property.
(b)CA Civil Procedure Code § 699.030(b) The judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the levying officer to seize the property in the private place. The application may be made whether or not a writ has been issued and whether or not demand has been made pursuant to subdivision (a). The application for the order shall describe with particularity both the property sought to be levied upon, and the place where it is to be found, according to the best knowledge, information, and belief of the judgment creditor. The court may not issue the order unless the judgment creditor establishes that there is probable cause to believe that property sought to be levied upon is located in the place described. The levying officer making the levy, at the time delivery of the property pursuant to the order is demanded, shall announce his or her identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause the building or enclosure where the property is believed to be located to be broken open in such manner as the levying officer reasonably believes will cause the least damage, but if the levying officer reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, the levying officer shall refrain from entering and shall promptly make a return to the court setting forth the reasons for believing that the risk exists. In such a case, the court shall make such orders as may be appropriate.

Section § 699.040

Explanation

This law explains the process a judgment creditor can follow to get a court order requiring a person who owes them money (the judgment debtor) to hand over property or documents that prove ownership of property or debts. This is part of enforcing a court decision when someone owes money. The creditor can ask for this order either without the other party present or with notice, depending on the court's rules. The court can grant this order if there's a good reason, and the debtor will be informed that not following the order could lead to arrest or other penalties.

(a)CA Civil Procedure Code § 699.040(a)If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer either or both of the following:
(1)CA Civil Procedure Code § 699.040(a)(1) Possession of the property sought to be levied upon if the property is sought to be levied upon by taking it into custody.
(2)CA Civil Procedure Code § 699.040(a)(2) Possession of documentary evidence of title to property of or a debt owed to the judgment debtor that is sought to be levied upon. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.
(b)CA Civil Procedure Code § 699.040(b) The court may issue an order pursuant to this section upon a showing of need for the order.
(c)CA Civil Procedure Code § 699.040(c) The order shall be personally served on 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 arrest and punishment for contempt of court.

Section § 699.060

Explanation

This law explains when and how a levying officer must release property that has been seized to satisfy a debt. The property is released when the creditor or their lawyer gives written instructions, or a court order mandates it. Once released, any lien on that property is canceled. If the property has been physically taken, it's given back to the original owner, unless a court says otherwise. If the owner doesn’t collect their property within 30 days of being notified, it can be sold. Proceeds from a sale, minus costs, go to a county fund if unclaimed for five years. If the property wasn’t taken but a notice of levy was recorded, the officer issues a release where the notice was filed. Officers aren't liable for releasing property correctly, and directions to release can be sent electronically.

(a)CA Civil Procedure Code § 699.060(a)The levying officer shall release property levied upon when the levying officer receives a written direction to release the property from the judgment creditor’s attorney of record or, if the judgment creditor does not have an attorney of record, from the judgment creditor, or when the levying officer receives a certified copy of a court order for release, or when otherwise required to release the property. The release shall include the signature and name of the attorney or judgment creditor issuing the release. The release extinguishes any execution lien or attachment lien in favor of the judgment creditor on the property released.
(b)CA Civil Procedure Code § 699.060(b) If the property to be released has been taken into custody under the levy, it shall be released to the person from whom it was taken unless otherwise ordered by the court. If the person does not claim the property to be released, the levying officer shall retain custody of the property and shall serve on the person a notice of where possession of the property may be obtained. Service shall be made personally or by mail. If the person does not claim the property within 30 days after the notice is served, the levying officer shall sell the property in the manner provided by Article 6 (commencing with Section 701.510), other than cash, which does not have a value exceeding its face value. The levying officer shall deposit the proceeds of sale and cash, after first deducting the levying officer’s costs, with the county treasurer of the county where the property is located, payable to the order of the person. If the amount deposited is not claimed by the person, or the legal representative of the person, within five years after the deposit is made by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county.
(c)CA Civil Procedure Code § 699.060(c) If the property to be released has not been taken into custody under the levy, the levying officer shall release the property by issuing a written notice of release and serving it on the person who was served with a copy of the writ and a notice of levy to create the lien. Service shall be made personally or by mail.
(d)CA Civil Procedure Code § 699.060(d) If the property to be released was levied upon by recording or filing a copy of the writ and a notice of levy, the levying officer shall record or file a written notice of release in the same office.
(e)CA Civil Procedure Code § 699.060(e) The levying officer is not liable for releasing property in accordance with this section nor is any other person liable for acting in conformity with the release.
(f)CA Civil Procedure Code § 699.060(f) The written direction to release property specified in subdivision (a) may be transmitted electronically to the levying officer pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1.

Section § 699.070

Explanation

This law allows the court to appoint a receiver or direct an officer to take actions needed to prevent certain property from losing value if it’s likely to get damaged or decrease in value quickly. This can include selling the property, and it can be requested by the person who is owed money, the person who owes money, or someone else with a legal interest in the property. If time is tight, the officer can act without waiting for the court. Any actions the officer takes to protect the property from quickly losing value are made in good faith and won’t result in liability. If the property is sold, it should happen using specific legal procedures, and the funds from the sale go toward paying off the debt. If a receiver is appointed, they are paid a daily fee set by the court, and their expenses can be covered by the property sale proceeds or advanced by the creditor. Specific rules outline what a receiver can and cannot do.

(a)CA Civil Procedure Code § 699.070(a) The court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of property levied upon, including but not limited to selling the property, if the court determines that the property is perishable or will greatly deteriorate or greatly depreciate in value or that for some other reason the interests of the parties will be best served by the order. An order may be made under this subdivision upon application of the judgment creditor, the judgment debtor, or a person who has filed a third-party claim pursuant to Division 4 (commencing with Section 720.010). The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte.
(b)CA Civil Procedure Code § 699.070(b) If the levying officer determines that property levied upon is extremely perishable or will greatly deteriorate or greatly depreciate in value before a court order pursuant to subdivision (a) could be obtained, the levying officer may take any action necessary to preserve the value of the property or may sell the property. The levying officer is not liable for a determination made in good faith under this subdivision.
(c)CA Civil Procedure Code § 699.070(c) Except as otherwise provided by order of the court, a sale of property pursuant to this section shall be made in the manner provided by Article 6 (commencing with Section 701.510) and the proceeds shall be applied to the satisfaction of the money judgment in the manner provided by Article 7 (commencing with Section 701.810). Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of sale shall be posted and served at a reasonable time before the sale, considering the character and condition of the property.
(d)CA Civil Procedure Code § 699.070(d) If a receiver is appointed, the court shall fix the daily fee of the receiver and may order the judgment creditor to pay the fees and expenses of the receiver in advance or may direct that the whole or any part of the fees and expenses be paid from the proceeds of any sale of the property. Except as otherwise provided in this section, 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 section.

Section § 699.080

Explanation

This law explains how a registered process server can enforce a court judgment by seizing different types of property from someone who owes money, called a judgment debtor. It lists various properties that can be claimed, such as real estate, personal items, and bank accounts. Before taking these actions, the process server must follow certain steps, including depositing a copy of the legal paperwork with a levying officer and paying a fee. The process server has specific requirements for notifying others involved, and if these aren't met, the attempt to seize property won't work. Finally, the cost of the process server's services can be added to the debtor's bill.

(a)CA Civil Procedure Code § 699.080(a) A registered process server may levy under a writ of execution on the following types of property:
(1)CA Civil Procedure Code § 699.080(a)(1) Real property, pursuant to Section 700.015.
(2)CA Civil Procedure Code § 699.080(a)(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, pursuant to Section 700.020.
(3)CA Civil Procedure Code § 699.080(a)(3) Personal property in the custody of a levying officer, pursuant to Section 700.050.
(4)CA Civil Procedure Code § 699.080(a)(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(5)CA Civil Procedure Code § 699.080(a)(5) Deposit accounts, pursuant to Section 700.140.
(6)CA Civil Procedure Code § 699.080(a)(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7)CA Civil Procedure Code § 699.080(a)(7) Accounts receivable or general intangibles, pursuant to Section 700.170.
(8)CA Civil Procedure Code § 699.080(a)(8) Final money judgments, pursuant to Section 700.190.
(9)CA Civil Procedure Code § 699.080(a)(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200.
(b)CA Civil Procedure Code § 699.080(b) Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c)CA Civil Procedure Code § 699.080(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1)CA Civil Procedure Code § 699.080(c)(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010).
(2)CA Civil Procedure Code § 699.080(c)(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server.
(d)CA Civil Procedure Code § 699.080(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1)CA Civil Procedure Code § 699.080(d)(1) The writ of execution.
(2)CA Civil Procedure Code § 699.080(d)(2) A proof of service by the registered process server stating the manner of levy performed.
(3)CA Civil Procedure Code § 699.080(d)(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).
(4)CA Civil Procedure Code § 699.080(d)(4) Instructions in writing, as required by the provisions of Section 687.010.
(e)CA Civil Procedure Code § 699.080(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon.
(f)CA Civil Procedure Code § 699.080(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
(g)CA Civil Procedure Code § 699.080(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid.

Section § 699.090

Explanation

If someone tries to take a debtor's property because they think it belongs to them, based on official registration records, they won't get in trouble if the records turn out to be wrong. As long as the creditor acted in good faith based on what they believed from those records, they are not responsible for any problems caused by seizing the property.

If property that is required by law to be registered or recorded in the name of the owner is levied upon under a writ of execution and it appears at the time of the levy that the judgment debtor was the registered or record owner of the property and the judgment creditor caused the levy to be made and the lien maintained in good faith and in reliance upon such registered or recorded ownership, neither the judgment creditor, the levying officer, nor the sureties on an undertaking given by the judgment creditor pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3 (commencing with Section 720.210) of Division 4 is liable to a third person for the levy itself.