Section § 263

Explanation

This law is known as the Levying Officer Electronic Transactions Act. It aims to take advantage of modern technology to handle documents electronically, which can save money, improve efficiency, and make it easier for the public to contact levying officers. However, courts and relevant officers are not forced to switch to electronic methods unless they both agree and have the necessary resources and technology.

(a)CA Civil Procedure Code § 263(a) This chapter may be cited as the Levying Officer Electronic Transactions Act.
(b)CA Civil Procedure Code § 263(b) The Legislature finds and declares that modern technologies offer alternatives to paper-based systems and provide the means to create, store, retrieve, and transmit records and documents in electronic form resulting in increased efficiency, taxpayer savings, and improved public access to levying officers. It is the intent of the Legislature in enacting this act to accommodate current and future technologies based on industry standards.
(c)CA Civil Procedure Code § 263(c) Nothing in this chapter shall be construed to require a court or levying officer to comply with any of its provisions unless the court and the levying officer have (1) jointly determined that both the court and the sheriff’s department have the resources and the technological capacity to do so, and (2) have mutually agreed to electronically act upon documents as provided in this chapter.

Section § 263.1

Explanation

This section defines terms related to electronic communications and records. "Electronic mail" is email sent between devices. An "electronic record" refers to any document created or stored electronically. An "electronic signature" is an electronic indicator showing a person's intention to sign a document. "Fax" denotes both the process and the facsimile document. A "fax machine" sends and receives these transmissions. "Fax transmission" involves sending fax documents electronically or traditionally. "Information processing system" handles electronic information, except faxes. "Instructions" are written requests to authorities, and a "legal entity" includes various types of organizations. The "levying officer" is a sheriff or marshal. "Record" is any information on a medium, and "transmission record" is a fax machine's output that logs sending details.

As used in this chapter, the following terms have the following definitions:
(a)CA Civil Procedure Code § 263.1(a) “Electronic mail” or “e-mail” means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages through a local, regional, or global computer network, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.
(b)CA Civil Procedure Code § 263.1(b) “Electronic record” means a document or record created, generated, sent, communicated, received, or stored by electronic means.
(c)CA Civil Procedure Code § 263.1(c) “Electronic signature” means an electronic sound, symbol, or process attached to, or logically associated with, an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(d)CA Civil Procedure Code § 263.1(d) “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted.
(e)CA Civil Procedure Code § 263.1(e) “Fax machine” means a machine that can send and receive a facsimile transmission using industry standards and includes a fax modem connected to a computer.
(f)CA Civil Procedure Code § 263.1(f) “Fax transmission” means the electronic transmission and reconstruction of a document that prints a duplicate of the original document at the receiving end. “Fax transmission” includes, but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means.
(g)CA Civil Procedure Code § 263.1(g) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, retrieving, or processing information, but does not include a fax machine.
(h)CA Civil Procedure Code § 263.1(h) “Instructions” and “levying officer instructions” mean a written request to a levying officer to serve process, perform a levy, execute an arrest warrant, or perform some other act.
(i)CA Civil Procedure Code § 263.1(i) “Legal entity” means the legal form of an artificial person and includes a corporation, defunct corporation, unincorporated association, partnership, public agency, limited liability company, joint stock company or association, and limited liability partnership.
(j)CA Civil Procedure Code § 263.1(j) “Levying officer” means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code.
(k)CA Civil Procedure Code § 263.1(k) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.
(l)CA Civil Procedure Code § 263.1(l) “Transmission record” means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission.

Section § 263.2

Explanation

This law allows a levying officer to use tech systems to handle information and documents, but only if they have the right technology and resources. If a tech glitch stops them from getting an electronic document during business hours, and the sender can show they tried to send it, the document is considered filed on that day.

(a)CA Civil Procedure Code § 263.2(a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents when based on industry standards and only to the extent that the levying officer has the resources and technological capacity to do so.
(b)CA Civil Procedure Code § 263.2(b) If a technical problem with the levying officer’s system prevents the levying officer from receiving an electronic transmission during regular business hours on a particular court day, and the electronic sender demonstrates an attempt to electronically transmit the document on that day, the levying officer shall deem the document or record as filed on that day.

Section § 263.3

Explanation

This section outlines how documents sent by fax to a levying officer (an official responsible for enforcing court judgments) must be handled. When a document is faxed, the levying officer can treat it the same as a physical document. The fax must include a cover sheet with details like the sender's and officer’s names and fax numbers, along with a request for confirmation of receipt. The sender must keep the original paper document and a record of the fax. If the officer asks for the original paper document, it must be sent within five days. Additionally, the levying officer must keep the faxed documents and can store them electronically.

Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply:
(a)CA Civil Procedure Code § 263.3(a) A levying officer may act upon an electronic record or document transmitted by a facsimile machine in the same manner as the paper record or document upon which the electronic record or document is based.
(b)CA Civil Procedure Code § 263.3(b) A facsimile cover sheet shall accompany the faxed record or document and include all of the following information:
(1)CA Civil Procedure Code § 263.3(b)(1) The name of the sender.
(2)CA Civil Procedure Code § 263.3(b)(2) The fax number of the sender.
(3)CA Civil Procedure Code § 263.3(b)(3) The name of the levying officer.
(4)CA Civil Procedure Code § 263.3(b)(4) The fax number of the levying officer.
(5)CA Civil Procedure Code § 263.3(b)(5) A description of the record or document, including its name, if any, and the number of pages.
(6)CA Civil Procedure Code § 263.3(b)(6) A statement directing the recipient of the faxed document or record to fax to the sender a confirmation, if true, that the fax was properly received.
(c)CA Civil Procedure Code § 263.3(c) A person authorized to fax a record or document to the levying officer pursuant to this chapter shall do all of the following:
(1)CA Civil Procedure Code § 263.3(c)(1) Retain the paper version of the record or document.
(2)CA Civil Procedure Code § 263.3(c)(2) Print or otherwise retain a transmission record of the fax transmission.
(3)CA Civil Procedure Code § 263.3(c)(3) Deliver the paper version of the record, document, or transmission record to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer.
(d)CA Civil Procedure Code § 263.3(d) The levying officer shall retain the facsimile cover sheet together with the faxed record or document.
(e)CA Civil Procedure Code § 263.3(e) The levying officer may electronically copy and store the printed cover sheet, record, or document as an electronic record.

Section § 263.4

Explanation

This law allows a levying officer to use electronic records instead of paper ones. When sending an electronic record to a levying officer, you need to include the sender's and officer's names and electronic contact addresses. The sender must keep the original paper copy and provide it to the levying officer within five days if requested. Sending an electronic record includes attaching it to an email as explained in another section.

(a)CA Civil Procedure Code § 263.4(a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based.
(b)CA Civil Procedure Code § 263.4(b) An electronic record transmitted to a levying officer shall be accompanied by all of the following information:
(1)CA Civil Procedure Code § 263.4(b)(1) The name of the sender.
(2)CA Civil Procedure Code § 263.4(b)(2) The electronic address of the sender.
(3)CA Civil Procedure Code § 263.4(b)(3) The name of the levying officer.
(4)CA Civil Procedure Code § 263.4(b)(4) The electronic address or fax number of the levying officer.
(c)CA Civil Procedure Code § 263.4(c) The person transmitting the electronic record shall do both of the following:
(1)CA Civil Procedure Code § 263.4(c)(1) Retain the paper version of the record or document.
(2)CA Civil Procedure Code § 263.4(c)(2) Deliver the paper version of the record or document to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer.
(d)CA Civil Procedure Code § 263.4(d) For the purpose of this section, “transmission” of an electronic record includes sending the electronic record included in, or in conjunction with, an electronic mail message, as defined in Section 263.1.

Section § 263.6

Explanation

This law allows a levying officer, who is responsible for executing court orders like writs of execution, to keep the original or an electronic copy of such writs instead of returning them to court. The officer must keep these documents, along with any related memoranda or inventories, for at least two years after filing their actions with the court. If a creditor needs a writ executed in a different county, they can request the levying officer to file a report with the court, which isn't the same as returning the writ. This report must show that the writ is still active.

(a)CA Civil Procedure Code § 263.6(a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions.
(b)CA Civil Procedure Code § 263.6(b) If the original writ is not returned to court as provided in subdivision (a), the levying officer shall retain, for not less than two years after the levying officer’s return is filed with court, each of the following, as applicable:
(1)CA Civil Procedure Code § 263.6(b)(1) The original paper writ or digital image of the writ.
(2)CA Civil Procedure Code § 263.6(b)(2) The memorandum of garnishee.
(3)CA Civil Procedure Code § 263.6(b)(3) The employer’s return.
(4)CA Civil Procedure Code § 263.6(b)(4) An inventory of the levied property.
(c)CA Civil Procedure Code § 263.6(c) A creditor seeking the issuance of a writ directed to another county may direct the levying officer to file an accounting of the levying officer’s actions with the court.
(1)CA Civil Procedure Code § 263.6(c)(1) The filing of the accounting described in this subdivision does not constitute a return of the writ.
(2)CA Civil Procedure Code § 263.6(c)(2) The accounting shall indicate that the levying officer is in possession of an active writ.

Section § 263.7

Explanation

This law requires that when documents are made public by a levying officer, any social security numbers and financial account numbers must be removed or hidden, except the last four digits can be shown. This also applies to documents filed with courts, and these identification details must not be visible. However, creditors, debtors, garnishees, and third-party claimants are not considered 'public' and may access complete information.

(a)CA Civil Procedure Code § 263.7(a) A levying officer shall exclude or redact the following identifiers from any record or document made available to the public:
(1)CA Civil Procedure Code § 263.7(a)(1) Social security number.
(2)CA Civil Procedure Code § 263.7(a)(2) Financial account number.
(b)CA Civil Procedure Code § 263.7(b) If an identifier is redacted, only the last four digits of the number may be used.
(c)CA Civil Procedure Code § 263.7(c) A levying officer also shall exclude or redact the identifiers listed in subdivision (a) from any writ return filed with the court.
(d)CA Civil Procedure Code § 263.7(d) The term “public” does not include the creditor, debtor, garnishee, or third-party claimant.