Senate Bill No. 551

Introduced by Senator Gaines

February 22, 2013

An act to amend Section 699.510 of the Code of Civil Procedure, relating to enforcement of judgments.

LEGISLATIVE COUNSEL’S DIGEST

SB 551, as introduced, Gaines. Writs of execution: judgment debtor.

Existing law requires that, after entry of a money judgment, a writ of execution be issued by the clerk of the court upon application by the judgment creditor, and directed to the levying officer in the county where the levy is to be made and to any registered process server.

This bill would authorize the judgment creditor to omit the name of a judgment debtor from the application for a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment. The bill would specify the conditions upon which a judgment debtor’s liability would be deemed to have ceased for this purpose.

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 699.510 of the Code of Civil Procedure
is amended to read:

699.510.  

(a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court, upon application of the judgment creditor, and shall be
directed to the levying officer in the county where the levy is to
be made and to any registered process server. The clerk of the
court shall give priority to the application for, and issuance of,
writs of execution on orders or judgments for child support and
spousal support. A separate writ shall be issued for each county
where a levy is to be made. Writs may be issued successively until
the money judgment is satisfied, except that a new writ may not
be issued for a county until the expiration of 180 days after the
issuance of a prior writ for that county unless the prior writ is first
returned.

(b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family
Code, in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.

(c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment and shall include the
additional name or names, and the type of legal entity, 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 writ of execution.
Prior to the clerk of the court issuing a writ of execution 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 issuance of
the writ of execution with the additional name or names.

(2) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer.
The levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property
to pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.

(3) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding
based upon an affidavit of identity, the person shall be entitled to
the recovery of reasonable attorney’s fees and costs from the
judgment creditor incurred in releasing the person’s property from
a writ of execution, in addition to any other damages or penalties
to which an aggrieved person may be entitled to by law, including
Division 4 (commencing with Section 720.010).

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(d) The judgment creditor may omit the name of a judgment
debtor from the application for a writ of execution if the liability
of that judgment debtor has ceased with regard to the judgment.
For purposes of this subdivision, a judgment debtor’s liability has
ceased with regard to a judgment if, before the writ of execution
is issued, either of the following occur:

end insert begin insert

(1) The judgment debtor files a petition in bankruptcy pursuant
to Title 11 of the United States Code, and the bankruptcy court
grants an automatic stay or a discharge that applies to the
judgment.

end insert begin insert

(2) The judgment creditor files an acknowledgment of
satisfaction of judgment with regard to the judgment debtor
pursuant to Chapter 1 (commencing with Section 724.010) of
Division 5.

end insert