BILL NUMBER: AB 1167	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 488.030 of the Code of Civil Procedure is
amended to read:
   488.030.  (a) The plaintiff shall give the levying officer
instructions in writing. The instructions shall be signed by the
plaintiff's attorney of record or, if the plaintiff does not have an
attorney of record, by the plaintiff. The instructions shall contain
the information needed or requested by the levying officer to comply
with the provisions of this title, including but not limited to:
   (1) An adequate description of any property to be levied upon.
   (2) A statement whether the property is a dwelling.
   (3) If the property is a dwelling, whether it is real or personal
property.
   (b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
   (c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions. 
   (d) If the instructions directing the levying officer to perform a
levy are accompanied by a writ of attachment issued by the court as
an electronic record, as defined in subdivision (k) of Section 263.1,
or a document printed from an electronic record issued by the court,
the instructions shall also include all of the following
information, as stated in the electronic writ:  
   (1) The date of issuance of the writ.  
   (2) The name of the defendant or defendants whose property is
subject to levy under the writ.  
   (3) The amount to be secured by the attachment.  
   (4) A statement indicating that the accompanying writ is either of
the following:  
   (A) An original writ not already in the possession of the levying
officer.  
   (B) A copy of the writ already in possession of the levying
officer.  
   (e) Unless and to the extent the levying officer has actual
knowledge that the information in the electronic writ has been
altered, the levying officer may proceed in the same manner as if in
possession of a paper version of the writ. 
   (f) The court may issue, and the levying officer may accept, an
electronic writ only if they are technologically able to do so. 

  SEC. 2.  Section 687.010 of the Code of Civil Procedure is amended
to read:
   687.010.  (a) The judgment creditor shall give the levying officer
instructions in writing. The instructions shall include the
signature and name of the judgment creditor's attorney of record or,
if the judgment creditor does not have an attorney of record, by the
judgment creditor. The instructions shall contain the information
needed or requested by the levying officer to comply with this title,
including but not limited to:
   (1) An adequate description of any property to be levied upon.
   (2) A statement whether the property is a dwelling.
   (3) If the property is a dwelling, whether it is real or personal
property.
   (4) The name of the judgment debtor. If the judgment debtor is
other than a natural person, the type of legal entity shall be
stated.
   (b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
   (c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.
   (d) The levying officer instructions may be transmitted
electronically to the levying officer pursuant to Chapter 2
(commencing with Section 263) of Title 4 of Part 1. 
   (e) If the instructions directing the levying officer to perform a
levy are accompanied by a writ of attachment issued by the court as
an electronic record, as defined in subdivision (k) of Section 263.1,
or a document printed from an electronic record issued by the court,
the instructions shall also include all of the following
information, as stated in the electronic writ:  
   (1) The date of issuance of the writ.  
   (2) The name of the defendant or defendants whose property is
subject to levy under the writ.  
   (3) The amount to be secured by the attachment and the amount
required to satisfy the money judgment on the date the writ is issued
or a description of the property to be delivered pursuant to the
judgment for possession to the judgment creditor in satisfaction of
the judgment.  
   (4) A statement indicating that the accompanying writ is either of
the following:  
   (A) An original writ not already in the possession of the levying
officer.  
   (B) A copy of the writ already in possession of the levying
officer.  
   (f) Except to the extent the levying officer has actual knowledge
that the information in the electronic writ has been altered, the
levying officer may proceed in the same manner as if in possession of
a paper version of the writ.  
   (g) The court may issue, and the levying officer may accept, an
electronic writ only if they are technologically able to do so.