Corpus browser

Code of Civil Procedure - CCP - CCP § 701.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.020

(a) If a third person is required by this article to deliver property to the levying officer or to make payments to the levying officer and the third person fails or refuses without good cause to do so, the third person is liable to the judgment creditor for whichever of the foll

Code of Civil Procedure - CCP - CCP § 701.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.030

(a) At the time of service of a copy of the legal process 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 after the legal process is serv

Code of Civil Procedure - CCP - CCP § 701.035

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.035

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 of Civil Procedure - CCP - CCP § 701.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.040

(a) Except as otherwise ordered by the court upon a determination that the judgment creditor’s lien has priority over the security interest, if property levied upon is subject to a security interest that attached prior to levy, the property or obligation is subject to enforcement

Code of Civil Procedure - CCP - CCP § 701.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.050

After service of a copy of the writ of execution and a notice of levy on an account debtor obligated on an account receivable, chattel paper, or general intangible: (a) If the account debtor has been making payments or is required to make payments to the judgment debtor, the acco

Code of Civil Procedure - CCP - CCP § 701.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.060

If the levying officer obtains custody of an instrument levied upon and serves the obligor under the instrument pursuant to the levy, the obligor shall make payments to the levying officer as they become due. Payments made to a person other than the levying officer do not dischar

Code of Civil Procedure - CCP - CCP § 701.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.070

If a final money judgment has been levied upon and the levying officer has served the judgment debtor under the final money judgment levied upon, the judgment debtor shall make any payments due under the judgment to the levying officer. Payments made to a person other than the le

Code of Civil Procedure - CCP - CCP § 701.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.510

Subject to Sections 687.020 and 701.520, the levying officer shall sell all property that has been levied upon except: (a) Tangible personal property may not be sold until the levying officer obtains custody of the property. (b) Cash may not be sold unless it has a value exceedin

Code of Civil Procedure - CCP - CCP § 701.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.520

(a) Except as provided in this section, any of the following property that has been levied upon shall be collected rather than sold: (1) Accounts receivable. (2) Chattel paper. (3) General intangibles. (4) Final money judgments. (5) Instruments that are not customarily transferre

Code of Civil Procedure - CCP - CCP § 701.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.530

(a) Notice of sale of personal property shall be in writing, shall state the date, time, and place of sale, and shall describe the property to be sold. (b) Not less than 10 days before a sale of personal property, notice of sale shall be posted and served on the judgment debtor b

Code of Civil Procedure - CCP - CCP § 701.540

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.540

(a) Notice of sale of an interest in real property shall be in writing, shall state the date, time, and place of sale, shall describe the interest to be sold, and shall give a legal description of the real property and its street address or other common designation, if any. If th

Code of Civil Procedure - CCP - CCP § 701.545

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.545

Notice of sale of an interest in real property, other than a leasehold estate with an unexpired term of less than two years at the time of levy, may not be given pursuant to Section 701.540 until the expiration of 120 days after the date notice of levy on the interest in real pro

Code of Civil Procedure - CCP - CCP § 701.547

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.547

A notice of sale shall contain the substance of the following statement: “Prospective bidders should refer to Sections 701.510 to 701.680, inclusive, of the Code of Civil Procedure for provisions governing the terms, conditions, and effect of the sale and the liability of default

Code of Civil Procedure - CCP - CCP § 701.550

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.550

(a) In addition to the notice of sale required by this article, the levying officer shall, at the time notice of sale is posted pursuant to Section 701.530 or 701.540, mail notice of sale to any person who has requested notice of the sale pursuant to this section. (b) A request f

Code of Civil Procedure - CCP - CCP § 701.555

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.555

In addition to the notice of sale required by this article, the judgment creditor may advertise the sale in the classified or other advertising section of a newspaper of general circulation or other publication and may recover reasonable costs of such advertising. The judgment de

Code of Civil Procedure - CCP - CCP § 701.560

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.560

(a) Failure to give notice of sale as required by this article does not invalidate the sale. (b) A levying officer who sells property without giving the required notice is liable to the judgment creditor and the judgment debtor for actual damages caused by failure to give notice.

Code of Civil Procedure - CCP - CCP § 701.570

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.570

(a) A sale of property shall be held at the date, time, and place specified in the notice of sale, which shall be in the county where the property or a part thereof is situated and between the hours of nine in the morning and five in the afternoon. Subject to subdivision (d), rea

Code of Civil Procedure - CCP - CCP § 701.580

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.580

The judgment debtor and judgment creditor together may request in writing that a sale be postponed to an agreed day and hour. The request shall be delivered to the levying officer conducting the sale, and the levying officer shall, by public declaration at the time and place orig

Code of Civil Procedure - CCP - CCP § 701.590

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.590

(a) Except as otherwise provided in this section, the purchaser at a sale shall pay in cash or by certified check or cashier’s check. (b) The judgment creditor may bid by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judg

Code of Civil Procedure - CCP - CCP § 701.600

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.600

If the highest bidder does not pay the amount bid as prescribed by Section 701.590: (a) The levying officer shall sell the property: (1) If the default occurs at the sale, either to the next highest bidder at the amount of the next highest bid if such bidder agrees or to the high

Code of Civil Procedure - CCP - CCP § 701.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.610

The levying officer may not be a purchaser or have an interest in any purchase at a sale.

Code of Civil Procedure - CCP - CCP § 701.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.620

(a) Property may not be sold unless the amount bid exceeds the total of the following amounts: (1) The amount of all preferred labor claims that are required by Section 1206 to be satisfied from the proceeds. (2) The amount of any state tax lien (as defined in Section 7162 of the

Code of Civil Procedure - CCP - CCP § 701.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.630

If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as defined in Section 7162 of the Government Code) on the property sold are extinguished.

Code of Civil Procedure - CCP - CCP § 701.640

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.640

The purchaser of property at an execution sale acquires any interest of the judgment debtor in the property sold (1) that is held on the effective date of the lien under which the property was sold or (2) that is acquired between such effective date and the date of sale.

Code of Civil Procedure - CCP - CCP § 701.650

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 701.650

(a) When the purchaser of personal property pays the amount due: (1) If the property is capable of manual delivery, the levying officer shall deliver the property to the purchaser and, if the purchaser so requests, shall execute and deliver a certificate of sale to the purchaser.