Section § 699.710

Explanation

In California, if someone owes you money based on a court judgment, almost any of their property can be taken and sold to pay off that debt. This is done through a legal process called a 'writ of execution', unless there's a specific law stating otherwise.

Except as otherwise provided by law, all property that is subject to enforcement of a money judgment pursuant to Article 1 (commencing with Section 695.010) of Chapter 1 is subject to levy under a writ of execution to satisfy a money judgment.

Section § 699.720

Explanation

This law explains what types of property can't be taken to satisfy a debt through a process called execution, which is when the court goes after a debtor's property to pay off a creditor. Some examples of protected property include a transferable alcoholic beverage license, certain interests in businesses, legal claims that are still in progress, judgments that can still be appealed, debts owed by public entities (except wages), and life insurance policy loans. It also lists franchises from public entities, the interest of trust beneficiaries, and some future property interests that aren't yet guaranteed. However, the creditor can still seek other legal ways to claim money owed without using execution.

(a)CA Civil Procedure Code § 699.720(a) The following types of property are not subject to execution:
(1)CA Civil Procedure Code § 699.720(a)(1) An alcoholic beverage license that is transferable under Article 5 (commencing with Section 24070) of Chapter 6 of Division 9 of the Business and Professions Code.
(2)CA Civil Procedure Code § 699.720(a)(2) The interest of a partner in a partnership or member in a limited liability company if the partnership or the limited liability company is not a judgment debtor.
(3)CA Civil Procedure Code § 699.720(a)(3) A cause of action that is the subject of a pending action or special proceeding.
(4)CA Civil Procedure Code § 699.720(a)(4) A judgment in favor of the judgment debtor prior to the expiration of the time for appeal from the judgment or, if an appeal is filed, prior to the final determination of the appeal.
(5)CA Civil Procedure Code § 699.720(a)(5) A debt (other than earnings) owing and unpaid by a public entity.
(6)CA Civil Procedure Code § 699.720(a)(6) The loan value of an unmatured life insurance, endowment, or annuity policy.
(7)CA Civil Procedure Code § 699.720(a)(7) A franchise granted by a public entity and all the rights and privileges of the franchise.
(8)CA Civil Procedure Code § 699.720(a)(8) The interest of a trust beneficiary.
(9)CA Civil Procedure Code § 699.720(a)(9) A contingent remainder, executory interest, or other interest in property that is not vested.
(10)CA Civil Procedure Code § 699.720(a)(10) Property in a guardianship or conservatorship estate.
(b)CA Civil Procedure Code § 699.720(b) Nothing in subdivision (a) affects or limits the right of the judgment creditor to apply property to the satisfaction of a money judgment pursuant to any applicable procedure other than execution.

Section § 699.730

Explanation

If you owe money primarily for personal or household expenses (consumer debt), and your main home wasn't used as security for that debt when you borrowed it, the home can't be sold to pay off the debt. However, this protection doesn't apply if the unpaid debt is for things like wages, taxes, child or spousal support, fines to the government, or if it's a large debt (over $75,000) owed to a financial institution, except for student loans.

(a)CA Civil Procedure Code § 699.730(a) Notwithstanding any other law, the principal place of residence of a judgment debtor is not subject to sale under execution of a judgment lien based on a consumer debt unless the debt was secured by the debtor’s principal place of residence at the time it was incurred. As used in this subdivision, “consumer debt” means debt incurred by an individual primarily for personal, family, or household purposes.
(b)CA Civil Procedure Code § 699.730(b) Subdivision (a) does not apply to any of the following types of unpaid debts:
(1)CA Civil Procedure Code § 699.730(b)(1) Wages or employment benefits.
(2)CA Civil Procedure Code § 699.730(b)(2) Taxes.
(3)CA Civil Procedure Code § 699.730(b)(3) Child support.
(4)CA Civil Procedure Code § 699.730(b)(4) Spousal support.
(5)CA Civil Procedure Code § 699.730(b)(5) Fines and fees owed to governmental units.
(6)CA Civil Procedure Code § 699.730(b)(6) Tort judgments.
(7)Copy CA Civil Procedure Code § 699.730(b)(7)
(A)Copy CA Civil Procedure Code § 699.730(b)(7)(A) Debts, other than student loan debt, owed to a financial institution at the time of execution on the judgment lien, if both of the following requirements are met:
(i)CA Civil Procedure Code § 699.730(b)(7)(A)(i) The amount of the original judgment on which the lien is based, when entered, was greater than seventy-five thousand dollars ($75,000), as adjusted pursuant to Section 703.150.
(ii)CA Civil Procedure Code § 699.730(b)(7)(A)(ii) The amount owed on the outstanding judgment at the time of execution on the judgment lien is greater than seventy-five thousand dollars ($75,000), as adjusted pursuant to Section 703.150.
(B)CA Civil Procedure Code § 699.730(b)(7)(A)(B) As used in this paragraph, the following terms have the following meanings:
(i)CA Civil Procedure Code § 699.730(b)(7)(A)(B)(i) “Financial institution” means a financial institution, as defined in Section 680.200.
(ii)CA Civil Procedure Code § 699.730(b)(7)(A)(B)(ii) “Student loan debt” means debt based on any loan made to finance postsecondary education expenses, including tuition, fees, books, supplies, room and board, transportation, and personal expenses. Student loan debt includes debt based on a loan made to refinance a student loan, but does not include debt secured by the debtor’s principal place of residence at the time it was incurred.