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Code of Civil Procedure - CCP - CCP § 701.660
Code of Civil Procedure - CCP - CCP § 701.660
When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code, the levying officer conducting the sale shall execute
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Code of Civil Procedure - CCP - CCP § 701.670
Code of Civil Procedure - CCP - CCP § 701.670
The certificate of sale or deed of sale shall contain all of the following: (a) The title of the court where the judgment was entered under which the sale was made and the cause and number of the action. (b) The date of entry of the judgment and of any subsequent renewals and whe
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Code of Civil Procedure - CCP - CCP § 701.680
Code of Civil Procedure - CCP - CCP § 701.680
(a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall not be set aside for any reason. (b) If the judgment is reversed, vacated, or otherwise set aside, the judgment debtor may recover from the judgment credi
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Code of Civil Procedure - CCP - CCP § 701.810
Code of Civil Procedure - CCP - CCP § 701.810
Except as otherwise provided by statute, the levying officer shall distribute the proceeds of sale or collection in the following order: (a) To persons having preferred labor claims that are required by Section 1206 to be satisfied from the proceeds, in the amounts required by Se
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Code of Civil Procedure - CCP - CCP § 701.820
Code of Civil Procedure - CCP - CCP § 701.820
(a) Promptly after a sale or collection under this title, the levying officer shall distribute the proceeds to the persons entitled thereto or, in cases covered by Section 701.830, deposit the proceeds with the court. (b) Except as otherwise provided by statute, the proceeds shal
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Code of Civil Procedure - CCP - CCP § 701.830
Code of Civil Procedure - CCP - CCP § 701.830
(a) If there are conflicting claims to all or a portion of the proceeds of sale or collection known to the levying officer before the proceeds are distributed, the levying officer may deposit with the court the proceeds that are the subject of the conflicting claims instead of di
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Code of Civil Procedure - CCP - CCP § 703.010
Code of Civil Procedure - CCP - CCP § 703.010
Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to all procedures for enforcement of a money judgment. (b) The exemptions provided by this chapter or by any other statute do not apply if the judgment to be enforce
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Code of Civil Procedure - CCP - CCP § 703.020
Code of Civil Procedure - CCP - CCP § 703.020
(a) The exemptions provided by this chapter apply only to property of a natural person. (b) The exemptions provided in this chapter may be claimed by any of the following persons: (1) In all cases, by the judgment debtor or a person acting on behalf of the judgment debtor. (2) In
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Code of Civil Procedure - CCP - CCP § 703.030
Code of Civil Procedure - CCP - CCP § 703.030
(a) An exemption for property that is described in this chapter or in any other statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure. If the exemption is not so claimed, the exemption is waived and the property is s
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Code of Civil Procedure - CCP - CCP § 703.040
Code of Civil Procedure - CCP - CCP § 703.040
A purported contractual or other prior waiver of the exemptions provided by this chapter or by any other statute, other than a waiver by failure to claim an exemption required to be claimed or otherwise made at the time enforcement is sought, is against public policy and void.
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Code of Civil Procedure - CCP - CCP § 703.050
Code of Civil Procedure - CCP - CCP § 703.050
(a) The determination whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect (1) at the time the judgment creditor’s lien on the property was created or (2) if the judgment creditor’s lien on the property is the l
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Code of Civil Procedure - CCP - CCP § 703.060
Code of Civil Procedure - CCP - CCP § 703.060
(a) The Legislature finds and declares that generally persons who enter into contracts do not do so in reliance on an assumption that the exemptions in effect at the time of the contract will govern enforcement of any judgment based on the contract, that liens imposed on property
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Code of Civil Procedure - CCP - CCP § 703.070
Code of Civil Procedure - CCP - CCP § 703.070
Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to a judgment for child, family, or spousal support. (b) If property is exempt without making a claim, the property is not subject to being applied to the satisfacti
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Code of Civil Procedure - CCP - CCP § 703.080
Code of Civil Procedure - CCP - CCP § 703.080
(a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced into deposit accounts or in the form of cash or its equivalent. (b) The exemption claimant has the burden of tracing an exempt fund. (c) Th
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Code of Civil Procedure - CCP - CCP § 703.090
Code of Civil Procedure - CCP - CCP § 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 satisfactio
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Code of Civil Procedure - CCP - CCP § 703.100
Code of Civil Procedure - CCP - CCP § 703.100
(a) Subject to subdivision (b), the determination whether property is exempt shall be made under the circumstances existing at the earliest of the following times: (1) The time of levy on the property. (2) The time of the commencement of court proceedings for the application of t
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Code of Civil Procedure - CCP - CCP § 703.110
Code of Civil Procedure - CCP - CCP § 703.110
If the judgment debtor is married: (a) The exemptions provided by this chapter or by any other statute apply to all property that is subject to enforcement of a money judgment, including the interest of the spouse of the judgment debtor in community property. The fact that one or
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Code of Civil Procedure - CCP - CCP § 703.115
Code of Civil Procedure - CCP - CCP § 703.115
In determining an exemption based upon the needs of the judgment debtor and the spouse and dependents of the judgment debtor or an exemption based upon the needs of the judgment debtor and the family of the judgment debtor, the court shall take into account all property of the ju
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Code of Civil Procedure - CCP - CCP § 703.130
Code of Civil Procedure - CCP - CCP § 703.130
Pursuant to the authority of paragraph (2) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth in subsection (d) of Section 522 of Title 11 of the United States Code (Bankruptcy) are not authorized in this state.
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Code of Civil Procedure - CCP - CCP § 703.140
Code of Civil Procedure - CCP - CCP § 703.140
(a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the provisions of subdivision (b) are applicable regardless of whether there is a money judgment against the debtor or whether a m
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Code of Civil Procedure - CCP - CCP § 703.150
Code of Civil Procedure - CCP - CCP § 703.150
(a) On April 1, 2004, and at each three-year interval ending on April 1 thereafter, the dollar amounts of exemptions provided in subdivision (b) of Section 703.140 in effect immediately before that date shall be adjusted as provided in subdivision (d). (b) On April 1, 2007, and a
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Code of Civil Procedure - CCP - CCP § 703.510
Code of Civil Procedure - CCP - CCP § 703.510
(a) Except as otherwise provided by statute, property that has been levied upon may be claimed to be exempt as provided in this article. (b) If property in a deposit account that is exempt without making a claim, as described in subdivision (b) of Section 704.080 or subdivision (
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Code of Civil Procedure - CCP - CCP § 703.520
Code of Civil Procedure - CCP - CCP § 703.520
(a) The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of the claim. If the claimant is personally served, the claim shall be made within 15 days after the date the notice of levy o
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Code of Civil Procedure - CCP - CCP § 703.530
Code of Civil Procedure - CCP - CCP § 703.530
(a) If property is claimed as exempt pursuant to a provision exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor, the claim of exemption shall include a financial statement. (b) The financial state
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Code of Civil Procedure - CCP - CCP § 703.540
Code of Civil Procedure - CCP - CCP § 703.540
Promptly after the filing of the claim of exemption, the levying officer shall serve both of the following on the judgment creditor personally or by mail: (a) A copy of the claim of exemption. (b) A notice of claim of exemption stating that the claim of exemption has been made an