BILL NUMBER: SB 644 CHAPTERED
BILL TEXT
CHAPTER 189
FILED WITH SECRETARY OF STATE AUGUST 31, 2007
APPROVED BY GOVERNOR AUGUST 31, 2007
PASSED THE SENATE MAY 24, 2007
PASSED THE ASSEMBLY AUGUST 21, 2007
AMENDED IN SENATE MARCH 29, 2007
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 Section 674 of the Code of Civil Procedure, and to
amend Section 2191.3 of the Revenue and Taxation Code, relating to
court records.
LEGISLATIVE COUNSEL'S DIGEST
SB 644, Correa. Court records: social security numbers.
Existing law requires an abstract of 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.
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 and filings contain the social security number of the
judgment debtor or assessee, and instead require only the last 4
digits of that person's social security number.
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, 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 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"