Civil actions: enforcement of judgments.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how judgments are enforced in California by altering procedures for serving documents and claiming exemptions. It allows for serving legal documents by mail with a return receipt, simplifies the process for judgment creditors to verify a debtor’s address, and modifies rules regarding exemptions for employee earnings. Specifically, it removes the requirement to serve earnings withholding orders on employers and allows for a longer period to file exemptions for personal debts.
Key provisions
- Allows for serving legal documents by mail with a return receipt.
- Requires judgment creditors to file a declaration verifying a debtor’s address within 10 business days after delivery, instead of 5.
- Permits the declaration to be signed by an individual with knowledge of the verification process.
- Eliminates the requirement to serve earnings withholding orders on employers.
- Authorizes a longer period (more than 20 days) to file a claim of exemption for personal debts.
- Allows a levying officer to release funds after the 20-day exemption period.
- Reinstates a released judgment lien with the same priority, requiring a declaration and court approval.
- Imposes a civil penalty for knowingly certifying false information in a judgment creditor’s declaration.
Who is affected
- Judgment creditors
- Judgment debtors
- Levying officers
Bill text
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Sponsors
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1 on record
Primary sponsor
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