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Code of Civil Procedure - CCP - CCP § 704.840

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.840

(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exe

Code of Civil Procedure - CCP - CCP § 704.850

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.850

(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and encumbrances, if any, on the property. (2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 7

Code of Civil Procedure - CCP - CCP § 704.910

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.910

As used in this article: (a) “Declared homestead” means the dwelling described in a homestead declaration. (b) “Declared homestead owner” includes both of the following: (1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homeste

Code of Civil Procedure - CCP - CCP § 704.920

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.920

A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead declaration in the office of the county recorder of the county where the dwelling is located. From and after the time of recording,

Code of Civil Procedure - CCP - CCP § 704.930

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.930

(a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling select

Code of Civil Procedure - CCP - CCP § 704.940

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.940

A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer

Code of Civil Procedure - CCP - CCP § 704.950

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.950

(a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 does not attach to a declared homestead if both of the following requirements are satisfied: (1) A homestead declarati

Code of Civil Procedure - CCP - CCP § 704.960

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.960

(a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six months after the date of sale. (b) If the proceeds of a declared homestead are invested in a new dwelling within six months after the dat

Code of Civil Procedure - CCP - CCP § 704.965

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.965

If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption, the amount of the exemption for the purposes of subdivision (c) of Section 704.950 and Section 704.960 is the increased amo

Code of Civil Procedure - CCP - CCP § 704.970

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.970

Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution. (b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made

Code of Civil Procedure - CCP - CCP § 704.980

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.980

(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code. (b)

Code of Civil Procedure - CCP - CCP § 704.990

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.990

(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared home

Code of Civil Procedure - CCP - CCP § 704.995

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 704.995

(a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or mor

Code of Civil Procedure - CCP - CCP § 706.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.010

This chapter shall be known and may be cited as the “Wage Garnishment Law.”

Code of Civil Procedure - CCP - CCP § 706.011

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.011

As used in this chapter: (a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law. (b) “Earnings” means compensation payable by an employer to an employee for personal services performed by suc

Code of Civil Procedure - CCP - CCP § 706.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.020

Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by means of any judicial procedure other than pursuant to this chapter.

Code of Civil Procedure - CCP - CCP § 706.021

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.021

Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtor’s employer in accordance with this chapter.

Code of Civil Procedure - CCP - CCP § 706.022

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.022

(a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which co

Code of Civil Procedure - CCP - CCP § 706.023

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.023

Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the employer is served with two or more earnings withholding orders on the same day, the employer shall comply with the order issu

Code of Civil Procedure - CCP - CCP § 706.024

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.024

(a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the order is issued, with the following additions and subtractions: (1) The addition of the statutory fee for service of the order and any ot

Code of Civil Procedure - CCP - CCP § 706.025

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.025

(a) Except as provided in subdivision (b), the amount required to be withheld pursuant to an earnings withholding order shall be paid monthly to the levying officer not later than the 15th day of each month. The initial monthly payment shall include all amounts required to be wit

Code of Civil Procedure - CCP - CCP § 706.026

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.026

(a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so received over to the person entitled thereto at least once every 30 days. (b) At least once every two years, the levying officer shall f

Code of Civil Procedure - CCP - CCP § 706.027

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.027

If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the judgment creditor shall promptly notify the levying officer who shall promptly terminate the order by serving a notice of

Code of Civil Procedure - CCP - CCP § 706.028

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.028

(a) “Final earnings withholding order for costs and interest” means an earnings withholding order for the collection only of unsatisfied costs and interest, which is issued after an earlier earnings withholding order has been returned satisfied. (b) After the amount stated as owi

Code of Civil Procedure - CCP - CCP § 706.029

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 706.029

Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the order and upon all property of the employer subject to the enforcement of a money judgment in the amount required to be withheld pursu