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SB-642 Civil actions: renewal of judgments.(2017-2018)

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Date Published: 06/15/2017 04:00 AM
SB642:v98#DOCUMENT

Amended  IN  Assembly  June 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 642

Introduced by Senator Wieckowski

February 17, 2017

An act to amend Section 683.170 of the Code of Civil Procedure, relating to judgments.


LEGISLATIVE COUNSEL'S DIGEST


SB 642, as amended, Wieckowski. Civil actions: renewal of judgments.
Existing law provides that the period of enforceability of a money judgment or a judgment for possession or sale of property may be extended by renewal of the judgment. Existing law provides a mechanism for a judgment debtor to apply by noticed motion for an order of the a court order vacating the renewal of the judgment. Existing law requires the judgment debtor to serve notice of the motion on the judgment creditor personally or by mail.
This bill would specify that mail service of the notice must be made by first-class mail and within three days of the application for the order.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 683.170 of the Code of Civil Procedure is amended to read:

683.170.
 (a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.
(b) Not later than 30 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the a court order vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by first-class mail within three days of the application for the order. in accordance with subdivision (b) of Section 1005.
(c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount.