BILL NUMBER: SB 644 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Correa, Ackerman, Harman, Margett, and
Wyland
(Coauthors: Assembly Members DeVore, Duvall, Huff, Silva, Solorio,
Spitzer, and Tran)
FEBRUARY 22, 2007
An act to amend Sections 674 and 708.780 of the Code of Civil
Procedure, to amend Section 4506 of, to add Section 17400.2 to, and
to add and repeal Section 4506.4 of, the Family Code, and to amend
Section 2191.3 of the Revenue and Taxation Code, relating to court
records.
LEGISLATIVE COUNSEL'S DIGEST
SB 644, as introduced, Correa. Court records: 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. Upon
the filing of an abstract or certified copy of a judgment for
relief, existing law requires the clerk of the court to issue a
notice of support arrearage, which contains, among other things, the
judgment debtor's social security number.
Existing law 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.
Property tax law authorizes a county tax collector to file
specified liens on unsecured property for delinquent taxes, which
filing for record without fee may contain the assessee's social
security number, if known.
This bill would delete the requirement that the above-described
abstracts, notice, and filings contain the social security number of
the judgment debtor, party ordered to pay support, or assessee, and
instead require only the last 4 digits of that person's social
security number. The bill would require the Judicial Council to
revise the abstract of judgment form to conform to the above
requirements by April 1, 2008, and would also require every local
child support agency to implement and comply with those requirements,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
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 708.780 of the Code of Civil Procedure is amended
to read:
708.780. (a) Filing of the abstract or certified copy of the
judgment and the affidavit pursuant to this article creates a lien on
the money owing and unpaid to the judgment debtor by the public
entity in an amount equal to that which may properly be applied to
the satisfaction of the money judgment under this article.
(b) When an affidavit is filed pursuant to subdivision (c) of
Section 708.730, it shall apply to all claims for refund from the
Franchise Tax Board under the Personal Income Tax Law, Part 10
(commencing with Section 17001) of Division 2 of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and
Taxation Code, which the judgment debtor subsequently claims during a
period one year after filing of the affidavit, or October 1 of the
year following the filing of the affidavit, whichever occurs later,
the same as if claims for these overpayments were filed by the
judgment debtor with the appropriate state agency on the date the
affidavit was filed.
(c) When a request is filed pursuant to subdivision (d) of Section
708.730 with the court, the clerk of the court shall issue a Notice
of Support Arrearage. The clerk of the court shall issue the notice
30 days after the request was filed pursuant to subdivision (d) of
Section 708.730 without a hearing if no objection has been raised by
the judgment debtor pursuant to this subdivision. If an objection has
been raised, the notice shall not be ordered until after a hearing.
The notice shall contain the name of the person ordered to pay
support and the last four digits of his or her
social security number; the amount of the arrearage determined by the
court; whether the arrearage is for child, spousal, or family
support and the specific combination thereof; a statement of how the
recipient may challenge the statement of arrearage; and the name,
address, and last four digits of the social security
number of the person to whom the arrearage is owed. Upon the clerk of
the court issuing the Notice of Support Arrearage, a copy of the
request, the affidavit, and the notice shall be served by the party
who requested the court to issue the Notice of Support Arrearage upon
the person ordered to pay support and the Controller. Service may be
personal, in accordance with Section 1011, or by mail, in accordance
with Section 1013. Service upon the Controller shall be at the
Controller's office in Sacramento.
The judgment debtor may object to the request or affidavit upon
any of the following grounds: (1) there is an error in the amount of
the arrearage stated in the affidavit; (2) the alleged judgment
debtor is not the judgment debtor from whom the support is due; (3)
the amount to be intercepted exceeds that allowable under federal
law; (4) a default in payment of the support for 30 days has not
occurred; or (5) other necessary factual allegations contained in the
affidavit are erroneous.
Upon receipt of the Notice of Support Arrearage, the Controller
shall take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the
judgment debtor and deposit with the court a warrant, subject to
Sections 708.770 and 708.775, with service of a copy of the warrant
upon the local child support agency of the county in which the
support judgment is entered, payable to the court, the amount due the
judgment creditor (after deducting an amount sufficient to reimburse
the state for any amounts advanced to the judgment debtor or owed by
the judgment debtor to the state) required to satisfy the money
judgment as shown by the affidavit in full or to the greatest extent,
and pay the balance thereof, if any, to the judgment debtor. At any
hearing pursuant to Section 708.770, the judgment debtor may
challenge the distribution of these funds on exemption or other
grounds, including, but not limited to, an allegation that the
judgment has been satisfied or that service was improper. The notice
shall not apply to any money which is exempt by law from execution.
The Controller shall determine the cost of enforcing the notice and
may establish a notice filing fee not to exceed five dollars ($5).
Service of the Notice of Support Arrearage and of the request and
affidavit pursuant to this subdivision creates a lien on the money
owing and unpaid to the judgment debtor which shall become effective
30 days following service upon the Controller. This notice shall
remain in effect for four years from the date of its issuance or
until the arrearage for which the notice was issued is satisfied,
whichever occurs first.
Any person who files a request with the court to issue a Notice of
Support Arrearage pursuant to subdivision (d) of Section 708.730
shall notify the court and the Controller of any satisfaction of the
arrearage after the Notice of Support Arrearage has been issued by
the clerk of the court. The notice to the court and the Controller
shall be filed with the court and the Controller and served upon the
local child support agency of the county in which the support
judgment is entered within 30 days of the satisfaction or discharge
and shall show a partial or full satisfaction of the arrearage or any
other resolution of the arrearage.
Upon filing and service, the Notice of Support Arrearage shall be
of no force and effect.
The State Department of Social Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2001.
This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2001.
(d) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.
SEC. 3. 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.
SEC. 4. Section 4506.4 is added to the Family Code, to read:
4506.4. (a) On or before April 1, 2008, the Judicial Council
shall revise the abstract of judgment form, where applicable, to
require only the last four digits of a judgment debtor's social
security number.
(b) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 5. Section 17400.2 is added to the Family Code, to read:
17400.2. Every local child support agency shall ensure that every
abstract of judgment form generated by that agency and filed with
the court pursuant to this article contains, where applicable, only
the last four digits of a judgment debtor's social security number.
SEC. 6. Section 2191.3 of the Revenue and Taxation Code is amended
to read:
2191.3. (a) The tax collector may make the filing specified in
subdivision (b) where either of the following occurs:
(1) There is a tax on any of the following:
(A) A possessory interest secured only by a lien on that taxed
possessory interest.
(B) Goods in transit, not secured by any lien on real property.
(C) Improvements that have been assessed pursuant to Section
2188.2.
(D) Off-roll taxes on escape assessments where the error was not
the fault of the assessee and the escape taxes are being paid
pursuant to Section 4837.5.
(E) Unsecured property not secured by a lien on any real property,
and where the tax has become delinquent or where there are prior
unpaid and delinquent taxes with respect to that same property.
(2) A tax has been entered on the unsecured roll pursuant to
Section 482, 531.2, or 4836.5, or transferred to the unsecured roll
pursuant to any provision of law.
(b) A filing for record without fee in the office of the county
recorder of any county of a certificate specifying the amount due,
the name, the last four digits of his or her federal
social security number, if known, and last known address of the
assessee liable for the amount, and compliance with all provisions of
this division with respect to the computation and levy of the tax if
compliance has in fact occurred. The procedure authorized by this
section is cumulative to the procedure provided by Sections 2951 and
3003. The county recorder shall, within 30 days after a filing as
described in this subdivision with respect to delinquent taxes on
unsecured property, send a notice of the filing to the assessee at
the assessee's last known address. The notice shall contain the
information contained in the filing, and shall prominently display on
its face the following heading:
"THIS IS TO NOTIFY YOU THAT A TAX LIEN HAS BEEN FILED WITH
RESPECT TO UNSECURED PROPERTY"