0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 488.485 Section 488.485
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(a) To attach the interest of the defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the personal rep…
Code Civ. Proc. § 488.500 Section 488.500
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(a) A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by Section 488.510. (b) Except as provided in subdivisions (c) and (d), if property subject to an attachment lien is transf…
Code Civ. Proc. § 488.510 Section 488.510
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(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which…
Code Civ. Proc. § 488.600 Section 488.600
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(a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title. (b) For the purposes of this section, references in Sections 701.010, 701.020, 701.040, 701.050, and 701.060 to: (1) “Amoun…
Code Civ. Proc. § 488.610 Section 488.610
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(a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days…
Code Civ. Proc. § 488.620 Section 488.620
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A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any information contained in the garnishee’s memorandum.
Code Civ. Proc. § 488.700 Section 488.700
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(a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of the property, including but not limited to selling the property, if the court determi…
Code Civ. Proc. § 488.710 Section 488.710
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(a) As used in this section, “instrument” means a check, draft, money order, or other order for the withdrawal of money from a financial institution, the United States, any state, or any public entity within any state. (b) If an instrument is payable to the defendant on demand an…
Code Civ. Proc. § 488.720 Section 488.720
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(a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action was entered for an order releasing the attachment of property to the extent that the value of the defendant’s interest in the property clearly exceeds …
Code Civ. Proc. § 488.730 Section 488.730
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(a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, from the plaintiff or when the levying officer r…
Code Civ. Proc. § 488.740 Section 488.740
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If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a new trial is filed and served and is pending and no appeal is perfected and undertaking executed and filed as provided in Se…
Code Civ. Proc. § 688.010 Section 688.010
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A proceeding for the purpose of the remedies provided under this article is a limited civil case if (a) the amount of liability sought to be collected does not exceed the maximum amount in controversy for a limited civil case provided in Section 85, and (b) the legality of the li…
Code Civ. Proc. § 688.020 Section 688.020
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(a) Except as otherwise provided by statute, if a warrant may properly be issued by the state, or by a department or agency of the state, pursuant to any provision of the Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code, and the warrant may be levi…
Code Civ. Proc. § 688.030 Section 688.030
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(a) If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or Unemployment Insurance Code, property is levied upon pursuant to a warrant or notice of levy issued by the state or by a department or agency …
Code Civ. Proc. § 688.040 Section 688.040
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For the purpose of this article, as used in this title: (a) “Judgment creditor” or “creditor” means the state or the department or agency of the state seeking to collect the liability. (b) “Judgment debtor” or “debtor” means the debtor from whom the liability is sought to be coll…
Code Civ. Proc. § 688.050 Section 688.050
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For the purpose of applying Section 694.080, 703.050, or 703.100, the date of creation of a tax lien is the earliest of the following times: (a) The time when a notice of state tax lien is recorded or filed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Ti…
Code Civ. Proc. § 688.110 Section 688.110
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Except as otherwise provided by statute, if a judgment is entered on a claim for taxes by a public entity, the judgment is enforceable pursuant to this title in the same manner as any other money judgment.
Code Civ. Proc. § 874.010 Section 874.010
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The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The fee and expenses of the referee. (c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action. …
Code Civ. Proc. § 874.020 Section 874.020
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The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, o…
Code Civ. Proc. § 874.030 Section 874.030
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Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.
Code Civ. Proc. § 874.040 Section 874.040
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Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.
Code Civ. Proc. § 874.050 Section 874.050
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(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest. (b) Where the court orders payment pursuant to this section, such payment is s…
Code Civ. Proc. § 874.110 Section 874.110
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(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment. (b) Any costs that remain unpaid shall be included and specified in the judgment.
Code Civ. Proc. § 874.120 Section 874.120
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(a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.
Code Civ. Proc. § 874.130 Section 874.130
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Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.
Code Civ. Proc. § 874.140 Section 874.140
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A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.