Bill Text: CA AB2211 | 2015-2016 | Regular Session | Chaptered
Bill Title: Registered process servers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-07-25 - Chaptered by Secretary of State - Chapter 102, Statutes of 2016. [AB2211 Detail]
Download: California-2015-AB2211-Chaptered.html
BILL NUMBER: AB 2211 CHAPTERED
BILL TEXT
CHAPTER 102
FILED WITH SECRETARY OF STATE JULY 25, 2016
APPROVED BY GOVERNOR JULY 25, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY APRIL 4, 2016
INTRODUCED BY Assembly Member Linder
FEBRUARY 18, 2016
An act to amend Sections 488.080, 699.080, and 706.108 of the Code
of Civil Procedure, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2211, Linder. Registered process servers.
Existing law establishes a process for the enforcement of money
judgments, and authorizes a registered process server to levy under a
writ of attachment or writ of execution on specified types of
property. Existing law requires the registered process server, before
levying under the writ, to deposit a copy of the writ with the
levying officer and pay a specified fee. Existing law also permits a
registered process server to serve an earnings withholding order on
an employer and requires that the process server deposit specified
documents with the levying officer and pay a specified fee.
This bill would provide that the registered process server is
authorized to have the required documents and fee delivered to the
levying officer by someone other than the process server himself or
herself.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 488.080 of the Code of Civil Procedure is
amended to read:
488.080. (a) A registered process server may levy under a writ of
attachment on the following types of property:
(1) Real property, pursuant to Section 488.315.
(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 488.325.
(3) Personal property in the custody of a levying officer,
pursuant to Section 488.355.
(4) Equipment of a going business, pursuant to Section 488.375.
(5) Motor vehicles, vessels, mobilehomes, or commercial coaches
used as equipment of a going business, pursuant to Section 488.385.
(6) Farm products or inventory of a going business, pursuant to
Section 488.405.
(7) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(8) Deposit accounts, pursuant to Section 488.455.
(9) Property in a safe-deposit box, pursuant to Section 488.460.
(10) Accounts receivable or general intangibles, pursuant to
Section 488.470.
(11) Final money judgments, pursuant to Section 488.480.
(12) Interest of a defendant in personal property in the estate of
a decedent, pursuant to Section 488.485.
(b) Before levying under the writ of attachment, 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) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 2 (commencing with Section 488.300).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 488.610
on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
(1) The writ of attachment.
(2) A proof of service by the registered process server stating
the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of
attachment on other persons, as required by Article 2 (commencing
with Section 488.300).
(4) Instructions in writing, as required by the provisions of
Section 488.030.
(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 attached. The levying officer is not liable for actions
taken in conformance with the provisions of this title in reliance on
information provided to the levying officer under subdivision (d),
except to the extent that the levying officer has actual knowledge
that the information is incorrect. Nothing in this subdivision limits
any liability the plaintiff or registered process server may have if
the levying officer acts on the basis of incorrect information
provided under subdivision (d).
(f) The fee for services of a registered process server under this
section is a recoverable cost pursuant to Section 1033.5.
SEC. 2. Section 699.080 of the Code of Civil Procedure is amended
to read:
699.080. (a) A registered process server may levy under a writ of
execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(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) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
(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) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
(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) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating
the manner of levy performed.
(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) Instructions in writing, as required by the provisions of
Section 687.010.
(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) The fee for services of a registered process server under this
section is a recoverable cost pursuant to Section 1033.5.
(g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.
SEC. 3. Section 706.108 of the Code of Civil Procedure is amended
to read:
706.108. (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision (b) of Section 699.530 for levy on property
under the writ has not expired, a judgment creditor may deliver an
application for issuance of an earnings withholding order to a
registered process server who may then issue an earnings withholding
order.
(b) If the registered process server has issued the earnings
withholding order, the registered process server, before serving the
earnings withholding order, shall cause to be deposited with the
levying officer a copy of the writ of execution, the application for
issuance of an earnings withholding order, a copy of the earnings
withholding order, and the fee, as provided by Section 26750 of the
Government Code.
(c) A registered process server may serve an earnings withholding
order on an employer whether the earnings withholding order was
issued by a levying officer or by a registered process server, but no
earnings withholding order may be served after the time specified in
subdivision (b) of Section 699.530. In performing this function, the
registered process server shall serve upon the designated employer
all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a
claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a
financial statement.
(6) A copy of the employer's instructions referred to in Section
706.127, except as otherwise prescribed in rules adopted by the
Judicial Council.
(d) Within five court days after service under this section, all
of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of
the levying officer.
(2) Proof of service on the employer of the papers listed in
subdivision (c).
(3) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code
has been paid, the levying officer shall perform all other duties
required by this chapter as if the levying officer had served the
earnings withholding order. If the registered process server does not
comply with subdivisions (b), where applicable, and (d), the service
of the earnings withholding order is ineffective and the levying
officer shall not be required to perform any duties under the order,
and may terminate the order and release any withheld earnings to the
judgment debtor.
(f) The fee for services of a registered process server under this
section is a recoverable cost pursuant to Section 1033.5.
