BILL NUMBER: SB 216 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cox
FEBRUARY 9, 2007
An act to amend Section 674 of the Code of Civil Procedure, and to
amend Section 4506 of the Family Code, relating to abstracts of
judgment.
LEGISLATIVE COUNSEL'S DIGEST
SB 216, as introduced, Cox. Judgments: social security numbers.
Existing law requires an abstract of a judgment or decree
requiring the payment of money to contain, among other things, the
social security number and driver's license number of the judgment
debtor if they are known to the judgment creditor, as specified.
Existing law also requires an abstract of a judgment ordering a party
to pay spousal, child, or family support to contain, among other
things, the social security number, birth date, and driver's license
number of the party who is ordered to pay support, as specified.
This bill would delete the requirement that those abstracts
contain the social security number of the judgment debtor or party
ordered to pay support, and instead require only the last 4 digits of
that person's social security number.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 674 of the Code of Civil Procedure is amended
to read:
674. (a) Except as otherwise provided in Section 4506 of the
Family Code, an abstract of a judgment or decree requiring the
payment of money shall be certified by the clerk of the court where
the judgment or decree was entered and shall contain all of the
following:
(1) The title of the court where the judgment or decree is entered
and cause and number of the action.
(2) The date of entry of the judgment or decree and of any
renewals of the judgment or decree and where entered in the records
of the court.
(3) The name and last known address of the judgment debtor and the
address at which the summons was either personally served or mailed
to the judgment debtor or the judgment debtor's attorney of record.
(4) The name and address of the judgment creditor.
(5) The amount of the judgment or decree as entered or as last
renewed.
(6) The last four digits of the social security number
and driver's license number of the judgment debtor if they are known
to the judgment creditor. If either or both of those sets of
numbers are not known to the judgment creditor, that fact shall
be indicated on the abstract of judgment.
(7) Whether a stay of enforcement has been ordered by the court
and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(b) An abstract of judgment, recorded after January 1, 1979, that
does not list the social security number and driver's license number
of the judgment debtor, or either of them, as required by subdivision
(a) or by Section 4506 of the Family Code, may be amended by the
recording of a document entitled "Amendment to Abstract of Judgment."
The Amendment to Abstract of Judgment shall contain all of the
information required by this section or by Section 4506 of the Family
Code, shall list both the last four digits of the social
security number and driver's license number if both of those sets
of numbers were known at the date of recordation of
the original abstract of judgment, or one of them, if only one was
known, and shall set forth the date of recording and the book and
page location in the records of the county recorder of the original
abstract of judgment.
A recorded Amendment to Abstract of Judgment shall have priority
as of the date of recordation of the original abstract of judgment,
except as to any purchaser, encumbrancer, or lessee who obtained
their interest after the recordation of the original abstract of
judgment but prior to the recordation of the Amendment to Abstract of
Judgment without actual notice of the original abstract of judgment.
The purchaser, encumbrancer, or lessee without actual notice may
assert as a defense against enforcement of the abstract of judgment
the failure to comply with this section or Section 4506 of the Family
Code regarding the contents of the original abstract of judgment
notwithstanding the subsequent recordation of an Amendment to
Abstract of Judgment. With respect to an abstract of judgment
recorded between January 1, 1979, and July 10, 1985, the defense
against enforcement for failure to comply with this section or
Section 4506 of the Family Code may not be asserted by the holder of
another abstract of judgment or involuntary lien, recorded without
actual notice of the prior abstract, unless refusal to allow the
defense would result in prejudice and substantial injury as used in
Section 475. The recordation of an Amendment to Abstract of Judgment
does not extend or otherwise alter the computation of time as
provided in Section 697.310.
(c) (1) The abstract of judgment shall be certified in the name of
the judgment debtor as listed on the judgment and may also 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 abstract of judgment. Prior to the clerk of the court
certifying an abstract of judgment 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 certification of the abstract of
judgment with the additional name or names.
(2) The remedies provided in Section 697.410 apply to a recorded
abstract of a money judgment based upon an affidavit of identity that
appears to create a judgment lien on real property of a person who
is not the judgment debtor.
SEC. 2. Section 4506 of the Family Code is amended to read:
4506. (a) An abstract of a judgment ordering a party to pay
spousal, child, or family support to the other party shall be
certified by the clerk of the court where the judgment was entered
and shall contain all of the following:
(1) The title of the court where the judgment is entered and the
cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the
judgment.
(3) Where the judgment and any renewals are entered in the records
of the court.
(4) The name and last known address of the party ordered to pay
support.
(5) The name and address of the party to whom support payments are
ordered to be paid.
(6) The last four digits of the social security number,
birth date, and driver's license number of the party who is ordered
to pay support. If any of those numbers are not known to the party to
whom support payments are to be paid, that fact shall be indicated
on the abstract of the court judgment.
(7) Whether a stay of enforcement has been ordered by the court
and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(9) Any other information deemed reasonable and appropriate by the
Judicial Council.
(b) The Judicial Council may develop a form for an abstract of a
judgment ordering a party to pay child, family, or spousal support to
another party which contains the information required by subdivision
(a).
(c) Notwithstanding any other provision of law, when a support
obligation is being enforced pursuant to Title IV-D of the Social
Security Act, the agency enforcing the obligation may record a notice
of support judgment. The notice of support judgment shall contain
the same information as the form adopted by the Judicial Council
pursuant to subdivision (b) and Section 4506.1. The notice of support
judgment shall have the same force and effect as an abstract of
judgment certified by the clerk of the court where the judgment was
entered. The local child support agency or other Title IV-D agency
shall not be subject to any civil liability as a consequence of
causing a notice of support judgment to be recorded.
(d) As used in this section, "judgment" includes an order for
child, family, or spousal support.