BILL NUMBER: AB 308	CHAPTERED  06/24/03

	CHAPTER  17
	FILED WITH SECRETARY OF STATE  JUNE 24, 2003
	APPROVED BY GOVERNOR  JUNE 23, 2003
	PASSED THE SENATE  JUNE 16, 2003
	PASSED THE ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Montanez

                        FEBRUARY 7, 2003

   An act to amend Section 699.510 of the Code of Civil Procedure,
relating to money judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 308, Montanez.  Money judgments:  writs of execution.
   Existing law governs the procedures by which a court clerk, after
entry of a money judgment, may issue a writ of execution upon
application of the judgment creditor.
   This bill would require the court clerk to give priority to the
application and issuance of writs of execution for child support and
spousal support orders.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  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 and may include the
additional name or names 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.
   (2) 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.
   (3) 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 the provisions
of Division 4 (commencing with Section 720.010).