California Legislature—2013–14 Regular Session

Assembly BillNo. 1167


Introduced by Assembly Member Dickinson

February 22, 2013


An act to amend Sections 488.030 and 687.010 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 1167, as introduced, Dickinson. Civil procedure: levies

Existing law governs the procedure for levying an execution lien or attachment lien upon real or personal property. Existing law requires the plaintiff or judgment creditor to give the levying officer written instructions containing the information needed or requested by the levying officer to serve the writ, order, notice, or other paper on a person.

This bill would require instructions given to a levying officer to include specified information if the instructions are accompanied by a writ issued by the court as an electronic record or document printed from an electronic record issued by the court. The bill would authorize the issuance and acceptance of an electronic writ only if the court and the levying officer are technologically able to do so.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 488.030 of the Code of Civil Procedure
2 is amended to read:

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488.030.  

(a) The plaintiff shall give the levying officer
2instructions in writing. The instructions shall be signed by the
3plaintiff’s attorney of record or, if the plaintiff does not have an
4attorney of record, by the plaintiff. The instructions shall contain
5the information needed or requested by the levying officer to
6comply with the provisions of this title, including but not limited
7to:

8(1) An adequate description of any property to be levied upon.

9(2) A statement whether the property is a dwelling.

10(3) If the property is a dwelling, whether it is real or personal
11property.

12(b) Subject to subdivision (c), the levying officer shall act in
13accordance with the written instructions to the extent the actions
14are taken in conformance with the provisions of this title.

15(c) Except to the extent the levying officer has actual knowledge
16that the information is incorrect, the levying officer may rely on
17any information contained in the written instructions.

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18(d) If the instructions directing the levying officer to perform a
19levy are accompanied by a writ of attachment issued by the court
20as an electronic record, as defined in subdivision (k) of Section
21263.1, or a document printed from an electronic record issued by
22the court, the instructions shall also include all of the following
23information, as stated in the electronic writ:

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24(1) The date of issuance of the writ.

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25(2) The name of the defendant or defendants whose property is
26subject to levy under the writ.

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27(3) The amount to be secured by the attachment.

end insert
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28(4) A statement indicating that the accompanying writ is either
29of the following:

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30(A) An original writ not already in the possession of the levying
31officer.

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32(B) A copy of the writ already in possession of the levying
33officer.

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34(e) Unless and to the extent the levying officer has actual
35knowledge that the information in the electronic writ has been
36altered, the levying officer may proceed in the same manner as if
37in possession of a paper version of the writ.

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38(f) The court may issue, and the levying officer may accept, an
39electronic writ only if they are technologically able to do so.

end insert
P3    1

SEC. 2.  

Section 687.010 of the Code of Civil Procedure is
2amended to read:

3

687.010.  

(a) The judgment creditor shall give the levying
4officer instructions in writing. The instructions shall include the
5signature and name of the judgment creditor’s attorney of record
6or, if the judgment creditor does not have an attorney of record,
7by the judgment creditor. The instructions shall contain the
8information needed or requested by the levying officer to comply
9with this title, including but not limited to:

10(1) An adequate description of any property to be levied upon.

11(2) A statement whether the property is a dwelling.

12(3) If the property is a dwelling, whether it is real or personal
13property.

14(4) The name of the judgment debtor. If the judgment debtor is
15other than a natural person, the type of legal entity shall be stated.

16(b) Subject to subdivision (c), the levying officer shall act in
17accordance with the written instructions to the extent the actions
18are taken in conformance with the provisions of this title.

19(c) Except to the extent the levying officer has actual knowledge
20that the information is incorrect, the levying officer may rely on
21any information contained in the written instructions.

22(d) The levying officer instructions may be transmitted
23electronically to the levying officer pursuant to Chapter 2
24(commencing with Section 263) of Title 4 of Part 1.

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25(e) If the instructions directing the levying officer to perform a
26levy are accompanied by a writ of attachment issued by the court
27as an electronic record, as defined in subdivision (k) of Section
28263.1, or a document printed from an electronic record issued by
29the court, the instructions shall also include all of the following
30information, as stated in the electronic writ:

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31(1) The date of issuance of the writ.

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32(2) The name of the defendant or defendants whose property is
33subject to levy under the writ.

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34(3) The amount to be secured by the attachment and the amount
35required to satisfy the money judgment on the date the writ is
36issued or a description of the property to be delivered pursuant to
37the judgment for possession to the judgment creditor in satisfaction
38of the judgment.

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39(4) A statement indicating that the accompanying writ is either
40of the following:

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P4    1(A) An original writ not already in the possession of the levying
2officer.

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3(B) A copy of the writ already in possession of the levying
4officer.

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5(f) Except to the extent the levying officer has actual knowledge
6that the information in the electronic writ has been altered, the
7levying officer may proceed in the same manner as if in possession
8of a paper version of the writ.

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9(g) The court may issue, and the levying officer may accept, an
10electronic writ only if they are technologically able to do so.

end insert


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