BILL NUMBER: SB 551	INTRODUCED
	BILL TEXT


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). 
   (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:  
   (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. 

   (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.