Amended in Assembly July 3, 2013

Senate Bill No. 551

Introduced by Senator Gaines

February 22, 2013

An act to amend begin delete Section end delete begin insert Sections 683.140 and end insert 699.510 of the Code of Civil Procedure, relating to enforcement of judgments.

LEGISLATIVE COUNSEL’S DIGEST

SB 551, as amended, Gaines. begin delete Writs of execution end delete begin insert Renewal and execution of judgments end insert : judgment debtor.

begin insert

Existing law provides that the period of enforceability of a money judgment or a judgment for possession or sale of property may be extended by renewal of the judgment upon application by the judgment creditor to the court in which the judgment was entered. Existing law requires that the application for renewal of the judgment be executed under oath and include, along with other items, the name and address of the judgment creditor and the name and last known address of the judgment debtor.

end insert

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. begin insert Existing law requires that the writ of execution be issued in the name of the judgment debtor as listed on the judgment. end insert

This bill would begin delete authorize end delete begin insert require end insert the judgment creditor to omit the name of a judgment debtor from the application for begin insert renewal of the judgment and the application for end insert a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment begin delete . The bill would specify the conditions upon which a judgment debtor’s liability would be deemed to have ceased for this purpose end delete begin insert , which would include end insert begin insert the judgment debtor obtaining a discharge of the judgment pursuant to specified federal bankruptcy statutes or the judgment creditor filing an acknowledgment of satisfaction of judgment with regard to the judgment debtor, as specified 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 683.140 of the end insert begin insert Code of Civil Procedure end insert
begin insert is amended to read: end insert

683.140.  

The application for renewal of the judgment shall be
executed under oath and shall include all of the following:

(a) The title of the court where the judgment is entered and the
cause and number of the action.

(b) The date of entry of the judgment and of any renewals of
the judgment and where entered in the records of the court.

(c) The name and address of the judgment creditor and the name
and last known address of the judgment debtor. begin insert However, the
judgment creditor shall 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, including end insert
begin insert either of the following occurrences: end insert

begin insert

(1) The judgment debtor has obtained a discharge of the
judgment pursuant to Title 11 of the United States Code and notice
thereof has been filed with the court.

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

(d) In the case of a money judgment, the information necessary
to compute the amount of the judgment as renewed. In the case of
a judgment for possession or sale of property, a description of the
performance remaining due.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete and end delete begin insert , except that the
judgment creditor shall 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, including end insert
begin insert either of the following occurrences: end insert

begin insert

(A) The judgment debtor has obtained a discharge of the
judgment pursuant to Title 11 of the United States Code and notice
thereof has been filed with the court.

end insert begin insert

(B) 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

begin insert (2) end insert begin insert   end insert begin insert The writ of execution end insert 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.

begin delete

(2)

end delete

begin insert (d) end insert  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.

begin delete

(3)

end delete

begin insert (e) end insert  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).

begin delete

(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.

end delete