AB 1167, as amended, Dickinson. Civil procedure: levies
Existing law governs the procedure for levying an execution lienbegin delete or attachment lienend delete upon real or personal property. Existing law requires thebegin delete plaintiff orend delete 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 abegin insert specifiedend insert writbegin insert
of executionend insert issued by the court as an electronic record or document printed from an electronic record issued by the court.begin delete 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.end deletebegin insert
Except as specified, the bill would authorize the levying officer to proceed in the same manner as if in possession of a paper version of the writ.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 488.030 of the Code of Civil Procedure is
2amended to read:
(a) The plaintiff shall give the levying officer
4instructions in writing. The instructions shall be signed by the
5plaintiff’s attorney of record or, if the plaintiff does not have an
6attorney of record, by the plaintiff. The instructions shall contain
7the information needed or requested by the levying officer to
8comply with the provisions of this title, including but not limited
9to:
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(b) Subject to subdivision (c), the levying officer shall act in
15accordance with the written instructions to the extent the actions
16are taken in conformance with the provisions of this title.
17(c) Except to the extent the levying officer has actual knowledge
18that the information is incorrect, the levying officer may rely on
19any information contained in the written instructions.
20(d) If the instructions directing the levying officer to perform a
21levy are accompanied by a writ of attachment issued by the court
22as an electronic record, as defined in subdivision (k) of Section
23263.1, or a document printed from an electronic record issued by
24the court, the instructions shall also include all of the following
25information, as stated in the
electronic writ:
26(1) The date of issuance of the writ.
27(2) The name of the defendant or defendants whose property is
28subject to levy under the writ.
29(3) The amount to be secured by the attachment.
30(4) A statement indicating that the accompanying writ is either
31of the following:
32(A) An original writ not already in the possession of the levying
33officer.
34(B) A copy of the writ already in possession of the levying
35officer.
36(e) Unless and to the extent the levying officer has actual
37knowledge that the information in the electronic writ has been
38altered, the levying
officer may proceed in the same manner as if
39in possession of a paper version of the writ.
P3 1(f) The court may issue, and the levying officer may accept, an
2electronic writ only if they are technologically able to do so.
Section 687.010 of the Code of Civil Procedure
5 is amended to
read:
(a) The judgment creditor shall give the levying
7officer instructions in writing. The instructions shallbegin delete include the begin insert be signed byend insert the judgment creditor’s attorney
8signature and name ofend delete
9of record or, if the judgment creditor does not have an attorney of
10record, by the judgment creditor. The instructions shall contain
11the information needed or requested by the levying officer to
12comply with this title, includingbegin insert,end insert but not limited tobegin insert,
all of the
13followingend insert:
14(1) An adequate description of any property to be levied upon.
15(2) A statement whether the property is a dwelling.
16(3) If the property is a dwelling, whether it is real or personal
17property.
18(4) The name of the judgment debtor. If the judgment debtor is
19other than a natural person, the type of legal entity shall be stated.
20(b) Subject to subdivision (c), the levying officer shall act in
21accordance with the written instructions to the extent the actions
22are taken in conformance with the provisions of this title.
23(c) Except to the extent the levying officer has actual knowledge
24that the information is incorrect, the levying officer may rely on
25any information contained in the written instructions.
26(d) The levying officer instructions may be transmitted
27electronically to the levying officer pursuant to Chapter 2
28(commencing with Section 263) of Title 4 of Part 1.
29(e) If the instructions directing the levying officer to perform a
30levy are accompanied by a writ ofbegin delete attachmentend deletebegin insert execution for money,
31possession of personal or real property, or sale of personal or real
32propertyend insert issued by the court as an electronic record, as defined
in
33subdivisionbegin delete (k)end deletebegin insert (b)end insert of Section 263.1, or a document printed from
34an electronic record issued by the court, the instructions shall also
35include all of the following information, as stated in the electronic
36writbegin insert or document printed from an electronic record issued by the
37courtend insert:
38(1) The date of issuance of the writ.
39(2) The name of thebegin delete defendant or defendantsend deletebegin insert debtor or debtorsend insert
40
whose property is subject to levy under the writ.
P4 1(3) The amount to be secured by thebegin delete attachmentend deletebegin insert executionend insert and
2the amount required to satisfy the money judgment on the date the
3writ is issued or a description of the property to be delivered
4pursuant to the judgment for possession to the judgment creditor
5in satisfaction of the judgment.
6(4) A statement indicating that the accompanying writ is either
7of the following:
8(A) An original writ not already in the possession of the levying
9officer.
10(B) A copy of thebegin insert originalend insert writ already in possession of the
11levying officer.
12(f) Except to the extent the levying officer has actual knowledge
13that the information in the electronic writ has been altered, the
14levying officer may proceed in the same manner as if in possession
15of a paper version of the writ.
16(g) The court may issue, and the levying officer may accept, an
17electronic writ only if they are technologically able to do so.
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