Bill Text: CA SB551 | 2013-2014 | Regular Session | Chaptered
Bill Title: Renewal and execution of judgments: judgment debtor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 176, Statutes of 2013. [SB551 Detail]
Download: California-2013-SB551-Chaptered.html
BILL NUMBER: SB 551 CHAPTERED
BILL TEXT
CHAPTER 176
FILED WITH SECRETARY OF STATE AUGUST 27, 2013
APPROVED BY GOVERNOR AUGUST 27, 2013
PASSED THE SENATE AUGUST 15, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
INTRODUCED BY Senator Gaines
FEBRUARY 22, 2013
An act to amend Sections 683.140 and 699.510 of the Code of Civil
Procedure, relating to enforcement of judgments.
LEGISLATIVE COUNSEL'S DIGEST
SB 551, Gaines. Renewal and execution of judgments: judgment
debtor.
Existing law provides that the period of enforceability of a money
judgment or a judgment for possession or sale of property may be
extended by renewal of the judgment upon application by the judgment
creditor to the court in which the judgment was entered. Existing law
requires that the application for renewal of the judgment be
executed under oath and include, along with other items, the name and
address of the judgment creditor and the name and last known address
of the judgment debtor.
Existing law requires that, after entry of a money judgment, a
writ of execution be issued by the clerk of the court upon
application by the judgment creditor, and directed to the levying
officer in the county where the levy is to be made and to any
registered process server. Existing law requires that the writ of
execution be issued in the name of the judgment debtor as listed on
the judgment.
This bill would require the judgment creditor to omit the name of
a judgment debtor from the application for renewal of the judgment
and the application for a writ of execution if the liability of that
judgment debtor has ceased with regard to the judgment, which would
include the judgment debtor obtaining a discharge of the judgment
pursuant to specified federal bankruptcy statutes or the judgment
creditor filing an acknowledgment of satisfaction of judgment with
regard to the judgment debtor, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 683.140 of the Code of Civil Procedure is
amended to read:
683.140. The application for renewal of the judgment shall be
executed under oath and shall include all of the following:
(a) The title of the court where the judgment is entered and the
cause and number of the action.
(b) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
(c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor. However, the judgment
creditor shall omit the name of a judgment debtor from the
application for a writ of execution if the liability of that judgment
debtor has ceased with regard to the judgment, including either of
the following occurrences:
(1) The judgment debtor has obtained a discharge of the judgment
pursuant to Title 11 of the United States Code and notice thereof has
been filed with the court.
(2) The judgment creditor files an acknowledgment of satisfaction
of judgment with regard to the judgment debtor pursuant to Chapter 1
(commencing with Section 724.010) of Division 5.
(d) In the case of a money judgment, the information necessary to
compute the amount of the judgment as renewed. In the case of a
judgment for possession or sale of property, a description of the
performance remaining due.
SEC. 2. Section 699.510 of the Code of Civil Procedure is amended
to read:
699.510. (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court, upon application of the judgment creditor, and shall be
directed to the levying officer in the county where the levy is to be
made and to any registered process server. The clerk of the court
shall give priority to the application for, and issuance of, writs of
execution on orders or judgments for child support and spousal
support. A separate writ shall be issued for each county where a levy
is to be made. Writs may be issued successively until the money
judgment is satisfied, except that a new writ may not be issued for a
county until the expiration of 180 days after the issuance of a
prior writ for that county unless the prior writ is first returned.
(b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.
(c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment, except that the judgment
creditor shall omit the name of a judgment debtor from the
application for a writ of execution if the liability of that judgment
debtor has ceased with regard to the judgment, including either of
the following occurrences:
(A) The judgment debtor has obtained a discharge of the judgment
pursuant to Title 11 of the United States Code and notice thereof has
been filed with the court.
(B) The judgment creditor files an acknowledgment of satisfaction
of judgment with regard to the judgment debtor pursuant to Chapter 1
(commencing with Section 724.010) of Division 5.
(2) The writ of execution shall include the additional name or
names, and the type of legal entity, by which the judgment debtor is
known, as set forth in the affidavit of identity, as defined in
Section 680.135, filed by the judgment creditor with the application
for issuance of the writ of execution. Prior to the clerk of the
court issuing a writ of execution containing any additional name or
names by which the judgment debtor is known that are not listed on
the judgment, the court shall approve the affidavit of identity. If
the court determines, without a hearing or a notice, that the
affidavit of identity states sufficient facts upon which the judgment
creditor has identified the additional names of the judgment debtor,
the court shall authorize the issuance of the writ of execution with
the additional name or names.
(d) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer. The
levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property to
pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.
(e) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding based
upon an affidavit of identity, the person shall be entitled to the
recovery of reasonable attorney's fees and costs from the judgment
creditor incurred in releasing the person's property from a writ of
execution, in addition to any other damages or penalties to which an
aggrieved person may be entitled to by law, including Division 4
(commencing with Section 720.010).
