Title CCP — California Code Civ. Proc.
0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 512.080 Section 512.080
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The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located. (b) Describe the specific property to be seized. (c) Specify any private place that may be entered to take possession of …
Code Civ. Proc. § 512.090 Section 512.090
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(a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to seize the property at a private place not specified in the writ. (b) The court shall make the endorsement if the plaintiff …
Code Civ. Proc. § 512.100 Section 512.100
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Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff’s claim i…
Code Civ. Proc. § 512.110 Section 512.110
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The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same cla…
Code Civ. Proc. § 512.120 Section 512.120
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If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the…
Code Civ. Proc. § 513.010 Section 513.010
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(a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a temporary restraining order apply. At or after the time he files his application for writ of possession, the plaintiff may apply…
Code Civ. Proc. § 513.020 Section 513.020
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In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property…
Code Civ. Proc. § 514.010 Section 514.010
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(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safeke…
Code Civ. Proc. § 514.020 Section 514.020
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(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ. (b) If no one is in possession of the property…
Code Civ. Proc. § 514.030 Section 514.030
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(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050: (1) If notice of the filing of an undertaking for redelivery or notice of …
Code Civ. Proc. § 514.040 Section 514.040
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The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued.
Code Civ. Proc. § 514.050 Section 514.050
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Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply.
Code Civ. Proc. § 515.010 Section 515.010
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(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of th…
Code Civ. Proc. § 515.020 Section 515.020
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(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s un…
Code Civ. Proc. § 515.030 Section 515.030
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(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer. (b) The plaintiff may object to the defendant’s undertaking not later than 10 days after t…
Code Civ. Proc. § 516.010 Section 516.010
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The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
Code Civ. Proc. § 516.020 Section 516.020
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The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
Code Civ. Proc. § 516.030 Section 516.030
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The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a …
Code Civ. Proc. § 516.040 Section 516.040
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The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
Code Civ. Proc. § 516.050 Section 516.050
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Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.
Code Civ. Proc. § 697.010 Section 697.010
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Except as otherwise provided by statute, a lien created under this division or under Title 6.5 (commencing with Section 481.010) (attachment) is a lien for the amount required to satisfy the money judgment.
Code Civ. Proc. § 697.020 Section 697.020
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(a) If a lien is created on property pursuant to Title 6.5 (commencing with Section 481.010) (attachment) and after judgment in the action a lien is created pursuant to this division on the same property under the same claim while the earlier lien is in effect, the priority of th…
Code Civ. Proc. § 697.030 Section 697.030
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Subject to Sections 683.180 to 683.200, inclusive, and to Section 697.040, except where a shorter period is provided by statute, a lien created pursuant to this title is effective during the period of enforceability of the judgment.
Code Civ. Proc. § 697.040 Section 697.040
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(a) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13: (1) Existing liens created under this division are extinguished. (2) New liens may not be created under this division during…
Code Civ. Proc. § 697.050 Section 697.050
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If a lien created pursuant to this division is extinguished, property held subject to the lien shall be released unless the property is to be held under another lien or the property is ordered by the court to be held pending resolution of a dispute concerning its proper dispositi…
Code Civ. Proc. § 697.060 Section 697.060
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(a) An abstract or certified copy of a money judgment of a court of the United States that is enforceable in this state may be recorded to create a judgment lien on real property pursuant to Article 2 (commencing with Section 697.310). (b) A notice of judgment lien based on a mon…
Code Civ. Proc. § 697.310 Section 697.310
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(a) Except as otherwise provided by statute, a judgment lien on real property is created under this section by recording an abstract of a money judgment with the county recorder. (b) Unless the money judgment is satisfied or the judgment lien is released, subject to Section 683.1…
Code Civ. Proc. § 697.320 Section 697.320
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(a) A judgment lien on real property is created under this section by recording an abstract, a notice of support judgment, an interstate lien form promulgated by the federal Secretary of Health and Human Services pursuant to Section 652(a)(11) of Title 42 of the United States Cod…
Code Civ. Proc. § 697.330 Section 697.330
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(a) In the case of a money judgment entered on an order, decision, or award made under Division 4 (commencing with Section 3200) of the Labor Code (workers’ compensation): (1) If the judgment is for a lump sum, a judgment lien on real property is created by recording an abstract …
Code Civ. Proc. § 697.340 Section 697.340
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Except as provided in Section 704.950: (a) A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) that are subject to enforcement of the money judgme…
Code Civ. Proc. § 697.350 Section 697.350
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(a) Except as otherwise provided by statute, a judgment lien on real property is a lien for the amount required to satisfy the money judgment. (b) A judgment lien on real property created under a money judgment payable in installments pursuant to Section 116.620 or 582.5 of this …
Code Civ. Proc. § 697.360 Section 697.360
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(a) If a judgment lien on real property has been created under a money judgment that is thereafter modified as to its amount, an abstract of the modified judgment or a certified copy of the order modifying the judgment may be recorded in the same manner as an abstract of judgment…
Code Civ. Proc. § 697.370 Section 697.370
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(a) The judgment creditor may do either of the following: (1) Release from the judgment lien all or a part of the real property subject to the lien. (2) Subordinate to another lien or encumbrance the judgment lien on all or a part of the real property subject to the judgment lien…
Code Civ. Proc. § 697.380 Section 697.380
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(a) As used in this section: (1) “Installment judgment lien” means a judgment lien created under Section 697.320. (2) “Lump-sum judgment lien” means a judgment lien created under Section 697. 310. (b) Except as otherwise provided by law, the rules stated in this section govern th…
Code Civ. Proc. § 697.390 Section 697.390
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If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien: (a) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amo…
Code Civ. Proc. § 697.400 Section 697.400
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(a) The judgment creditor, judgment debtor, or owner of real property subject to a judgment lien on real property created under Section 697.310, may record in the office of the county recorder an acknowledgment of satisfaction of judgment executed as provided in Section 724.060 o…
Code Civ. Proc. § 697.410 Section 697.410
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(a) If a recorded abstract of a money judgment or certified copy of a money judgment appears to create a judgment lien on real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the …
Code Civ. Proc. § 697.420 Section 697.420
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(a) A judgment creditor may apply to the court for an order reinstating a judgment lien on real property with the same priority it held immediately before it was released. Subject to subdivisions (b) and (c), the court shall grant the application. Upon entry of the order the cler…
Code Civ. Proc. § 697.510 Section 697.510
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(a) A judgment lien on personal property described in Section 697.530 is created by filing a notice of judgment lien in the office of the Secretary of State pursuant to this article. A judgment lien may be created under this article only if the judgment is a money judgment that w…
Code Civ. Proc. § 697.520 Section 697.520
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A judgment lien on personal property may be created pursuant to this article as an alternative or in addition to a lien created by levy under a writ of execution pursuant to Chapter 3 (commencing with Section 699.010) or by use of an enforcement procedure provided by Chapter 6 (c…
Code Civ. Proc. § 697.530 Section 697.530
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(a) A judgment lien on personal property is a lien on all interests in the following personal property that are subject to enforcement of the money judgment against the judgment debtor pursuant to Article 1 (commencing with Section 695.010) of Chapter 1 at the time when the lien …
Code Civ. Proc. § 697.540 Section 697.540
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(a) Except as otherwise provided by statute, a judgment lien on personal property is a lien for the amount required to satisfy the money judgment. (b) A judgment lien on personal property created under a money judgment payable in installments pursuant to Section 117 or 582.5 of t…
Code Civ. Proc. § 697.550 Section 697.550
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The notice of judgment lien on personal property shall be executed under oath by the judgment creditor’s attorney if the judgment creditor has an attorney of record or, if the judgment creditor does not have an attorney of record, by the judgment creditor and shall contain the fo…
Code Civ. Proc. § 697.560 Section 697.560
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At the time of filing the notice of judgment lien on personal property or promptly thereafter, the judgment creditor shall serve a copy of the notice of judgment lien on the judgment debtor. Service shall be made personally or by mail. The failure to comply with this requirement …
Code Civ. Proc. § 697.570 Section 697.570
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Upon presentation of a notice of judgment lien on personal property for filing and tender of the filing fee to the office of the Secretary of State, the notice of judgment lien shall be filed, marked, and indexed in the same manner as a financing statement. The fee for filing in …
Code Civ. Proc. § 697.580 Section 697.580
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(a) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on the date and hour stated therein any notice of judgment lien on personal property filed against the property of a particular person named in the…
Code Civ. Proc. § 697.590 Section 697.590
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(a) As used in this section: (1) “Filing” means: (A) With respect to a judgment lien on personal property, the filing of a notice of judgment lien in the office of the Secretary of State to create a judgment lien on personal property under this article. (B) With respect to a secu…
Code Civ. Proc. § 697.600 Section 697.600
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(a) A judgment lien on personal property has priority over any other judgment lien thereafter created on the property. (b) For the purpose of this section, if two or more judgment liens attach to after-acquired property at the same time under subdivision (b) of Section 697.530, t…
Code Civ. Proc. § 697.610 Section 697.610
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Except as provided in Sections 9617 and 9622 of the Commercial Code, a judgment lien on personal property continues notwithstanding the sale, exchange, or other disposition of the property, unless the person receiving the property is one of the following: (a) A buyer in ordinary …
Code Civ. Proc. § 697.620 Section 697.620
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(a) As used in this section: (1) “Cash proceeds” means money, checks, deposit accounts, and the like. (2) “Proceeds” means identifiable cash proceeds received upon the sale, exchange, collection, or other disposition of property subject to a judgment lien on personal property. (b…