2010 California Code
Code of Civil Procedure
Article 2. Writ Of Execution And Notice Of Levy

CODE OF CIVIL PROCEDURE
SECTION 699.510-699.560



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).



699.520.  The writ of execution shall require the levying officer to
whom it is directed to enforce the money judgment and shall include
the following information:
   (a) The date of issuance of the writ.
   (b) The title of the court where the judgment is entered and the
cause and number of the action.
   (c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor. If the judgment debtor is
other than a natural person, the type of legal entity shall be
stated.
   (d) The date of the entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
   (e) The total amount of the money judgment as entered or renewed,
together with costs thereafter added to the judgment pursuant to
Section 685.090 and the accrued interest on the judgment from the
date of entry or renewal of the judgment to the date of issuance of
the writ, reduced by any partial satisfactions and by any amounts no
longer enforceable.
   (f) The amount required to satisfy the money judgment on the date
the writ is issued.
   (g) The amount of interest accruing daily on the principal amount
of the judgment from the date the writ is issued.
   (h) Whether any person has requested notice of sale under the
judgment and, if so, the name and mailing address of that person.
   (i) The sum of the fees and costs added to the judgment pursuant
to Section 6103.5 or 68511.3 of the Government Code, and which is in
addition to the amount owing to the judgment creditor on the
judgment.
   (j) Whether the writ of execution includes any additional names of
the judgment debtor pursuant to an affidavit of identity, as defined
in Section 680.135.
   (k) A statement indicating whether the case is limited or
unlimited.



699.530.  (a) Upon delivery of the writ of execution to the levying
officer to whom the writ is directed, together with the written
instructions of the judgment creditor, the levying officer shall
execute the writ in the manner prescribed by law.
   (b) The levying officer may not levy upon any property under the
writ after the expiration of 180 days from the date the writ was
issued.


699.540.  The notice of levy required by Article 4 (commencing with
Section 700.010) shall inform the person notified of all of the
following:
   (a) The capacity in which the person is notified.
   (b) The property that is levied upon.
   (c) The person's rights under the levy, including the right to
claim an exemption pursuant to Chapter 4 (commencing with Section
703.010) and the right to make a third-party claim pursuant to
Division 4 (commencing with Section 720.010).
   (d) The person's duties under the levy.
   (e) All names listed in the writ of execution pursuant to an
affidavit of identity, as defined in Section 680.135, if any.




699.545.  A copy of the original notice of levy which has been
served upon a third party holding the property sought to be levied
upon and the affidavit of identity, as defined in Section 680.135, if
any, if served upon the judgment debtor or any other party, shall
suffice as the notice of levy to that person.



699.550.  In any case where property has been levied upon and,
pursuant to a levy, a copy of the writ of execution and a notice of
levy are required by statute to be posted or to be served on or
mailed to the judgment debtor or other person, failure to post,
serve, or mail the copy of the writ and the notice does not affect
the execution lien created by the levy. Failure to serve on or mail
to the judgment debtor a list of exemptions does not affect the
execution lien created by the levy.



699.560.  (a) Except as provided in subdivisions (b) and (c), the
writ expires and the levying officer to whom the writ of execution is
delivered shall return the writ to the court, or store the writ as
provided in Section 263.6, and file a return with the court reporting
the levying officer's actions and an accounting of amounts
collected, and costs incurred, at the earliest of the following
times:
   (1) Two years from the date of issuance of the writ, unless
paragraph (1) of subdivision (a) of Section 706.022 is applicable.
   (2) Promptly after all of the duties under the writ are performed.
   (3) When return is requested in writing by the judgment creditor.
   (4) If no levy takes place under the writ within 180 days after
its issuance, promptly after the expiration of the 180-day period.
   (5) Upon expiration of the time for enforcement of the money
judgment.
   (b) If a levy has been made under Section 700.200 upon an interest
in personal property in the estate of a decedent, the writ shall be
returned within the time prescribed in Section 700.200.
   (c) If a levy has been made under Section 5103 of the Family Code
on the judgment debtor's right to the payment of benefits from an
employee pension benefit plan, the writ shall be returned within the
time prescribed in that section.
   (d) If a levy has been made under the Wage Garnishment Law
(Chapter 5 (commencing with Section 706.010)), and the earnings
withholding order remains in effect, the writ of execution shall be
returned as provided in subdivision (a) and a supplemental return
shall be made as provided in Section 706.033.
   (e) Subject to the limitations in subdivision (c) of Section 263,
a levying officer may electronically file with the court the return,
containing the information required by subdivision (a), pursuant to
Chapter 2 (commencing with Section 263) of Title 4 of Part 1.



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