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Code of Civil Procedure - CCP - CCP § 708.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.130

(a) Witnesses may be required to appear and testify before the court or referee in an examination proceeding under this article in the same manner as upon the trial of an issue. (b) The privilege prescribed by Article 4 (commencing with Section 970) of Chapter 4 of Division 8 of

Code of Civil Procedure - CCP - CCP § 708.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.140

(a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 708.205, may make a protective order authorized by Section 708.200, and may issue a warrant aut

Code of Civil Procedure - CCP - CCP § 708.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.150

(a) (1) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who ar

Code of Civil Procedure - CCP - CCP § 708.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.160

(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the money judgment is entered. (b) A person sought to be examined may not be required to attend an examination before a court located outside th

Code of Civil Procedure - CCP - CCP § 708.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.170

(a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do

Code of Civil Procedure - CCP - CCP § 708.180

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.180

(a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt, the court may, if the judgment creditor so requests, determine the interests in the property or the existen

Code of Civil Procedure - CCP - CCP § 708.190

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.190

The court may permit a person claiming an interest in the property or debt sought to be applied in an examination proceeding to intervene in the proceeding and may determine the person’s rights in the property or debt pursuant to Section 708.180.

Code of Civil Procedure - CCP - CCP § 708.200

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.200

In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require.

Code of Civil Procedure - CCP - CCP § 708.205

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.205

(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article, the court may order the judgment debtor’s interest in the property in the possession or under the control of the judgment debtor or the third person or a debt owed by the third

Code of Civil Procedure - CCP - CCP § 708.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.210

If a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor, the judgment creditor may bring an action against the third person to have the interest or debt applied to the satisfaction of the money jud

Code of Civil Procedure - CCP - CCP § 708.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.220

The judgment debtor shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the judgment debtor may not be considered in the determination of proper venue unless otherwise provided by contract between the judgment debtor a

Code of Civil Procedure - CCP - CCP § 708.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.230

(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times: (1) The time when the judgment debtor may bring an action against the third person concerning the property or debt. (2) One

Code of Civil Procedure - CCP - CCP § 708.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.240

The judgment creditor may apply to the court in which an action under this article is pending for either or both of the following: (a) An order restraining the third person from transferring to the judgment debtor the property in which the judgment debtor is claimed to have an in

Code of Civil Procedure - CCP - CCP § 708.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.250

Service of summons on the third person creates a lien on the interest of the judgment debtor in the property or on the debt owed to the judgment debtor that is the subject of an action under this article.

Code of Civil Procedure - CCP - CCP § 708.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.260

(a) In an action brought pursuant to this article, the judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment. The claim shall be made by application to the court on noticed motion, filed with the court and served

Code of Civil Procedure - CCP - CCP § 708.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.270

There is no right to a jury trial in an action under this article.

Code of Civil Procedure - CCP - CCP § 708.280

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.280

(a) The court shall determine any exemption claim made in the action. If the judgment debtor establishes to the satisfaction of the court that the property or debt is exempt from enforcement of a money judgment, the court shall so adjudge and may not make the orders referred to i

Code of Civil Procedure - CCP - CCP § 708.290

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.290

Costs incurred by or taxed against the judgment creditor in an action under this article may not be recovered from the judgment debtor as a cost of enforcing the judgment.

Code of Civil Procedure - CCP - CCP § 708.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.310

If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the

Code of Civil Procedure - CCP - CCP § 708.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.320

(a) A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: (1) All partners or the partnership. (2) All members or the limited lia

Code of Civil Procedure - CCP - CCP § 708.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.410

(a) A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the following: (1) Any ca

Code of Civil Procedure - CCP - CCP § 708.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.420

The notice of lien under Section 708.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed. (b) The name

Code of Civil Procedure - CCP - CCP § 708.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.430

(a) The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding pursuant to Section 387. (b) For the purposes of Sections 708.450 and 708.470, a judgment creditor

Code of Civil Procedure - CCP - CCP § 708.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.440

(a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor’s money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or othe

Code of Civil Procedure - CCP - CCP § 708.450

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 708.450

(a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim shall be made by applicat