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SB-1075 Civil actions: enforcement of judgments.(2017-2018)

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Date Published: 02/12/2018 09:00 PM
SB1075:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1075


Introduced by Senator Wieckowski

February 12, 2018


An act to amend Section 703.090 of the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


SB 1075, as introduced, Wieckowski. Civil actions: enforcement of judgments.
Existing law authorizes a judgment debtor to claim property that has been levied upon as exempt by filing a claim of exemption with the levying officer that is then served on the judgment creditor. Existing law requires a judgment creditor who opposes a claim of exemption to file with the court a notice of opposition to the claim within 10 days after service of the notice of exemption. Existing law provides that if a judgment creditor has failed to timely oppose a claim of exemption, or if that property has been determined by a court to be exempt, and the judgment creditor then levies upon or seeks to apply the property toward satisfaction of the money judgment, the creditor is not entitled to recover the subsequent costs of collection unless the property is applied to satisfaction of the judgment.
This bill would instead prohibit the judgment creditor from recovering any costs of collection under these circumstances.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 703.090 of the Code of Civil Procedure is amended to read:

703.090.
 If a judgment creditor has failed to oppose a claim of exemption within the time allowed by Section 703.550 or if property has been determined by a court to be exempt, and the judgment creditor thereafter levies upon or otherwise seeks to apply the property toward the satisfaction of the same money judgment, the judgment creditor is not entitled to recover the subsequent any costs of collection unless the property is applied to satisfaction of the judgment.