BILL NUMBER: SB 551	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 3, 2013

INTRODUCED BY   Senator Gaines

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


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

   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. 
   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.  Existing law requires that the writ
of execution be issued in the name of the judgment debtor as listed
on the judgment. 
   This bill would  authorize   require 
the judgment creditor to omit the name of a judgment debtor from the
application for  renewal of the judgment and 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   , 
 which would include   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  .
   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 683.140 of the   Code
of Civil Procedure   is amended to read: 
   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.  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   either of the following occurrences:  
   (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.  
   (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. 
   (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.
   SECTION 1.  SEC. 2.   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  
, 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   either of the following occurrences:
 
   (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.  
   (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. 
    (2)     The writ of execution  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) 
    (d)  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) 
    (e)  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.