California § 688.030. 688.030. (Repealed (in Sec. 3) and added by Stats. 2008, Ch. 552, Sec. 4.)

California Statutes

§ 688.030. — 688.030. (Repealed (in Sec. 3) and added by Stats. 2008, Ch. 552, Sec. 4.)

California·Code CCP Code of Civil Procedure - CCP·Div. 1.·Title 9.·Part 2. DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS·Ch. 8. CHAPTER 8. Enforcement of State Tax Liability·Art. 1. ARTICLE 1. Enforcement Pursuant to Warrant or Notice of Levy

(a)If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or Unemployment Insurance Code, property is levied upon pursuant to a warrant or notice of levy issued by the state or by a department or agency of the state for the collection of a liability:

(1)If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.

(2)A third person may claim ownership or the right to possession of the property

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(a)
If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or Unemployment Insurance Code, property is levied upon pursuant to a warrant or notice of levy issued by the state or by a department or agency of the state for the collection of a liability:
(1)
If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is
entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.
(2)
A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions (b) and (c) or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.
(b)
In the case of a levy pursuant to a notice of levy:
(1)
The claim of exemption or the third-party claim shall be filed with the state
department or agency that issued the notice of levy.
(2)
The state department or agency that issued the notice of levy shall perform the duties of the levying officer, except that the state department or agency need not give itself the notices that the levying officer is required to serve on a judgment creditor or creditor or the notices that a judgment creditor or creditor is required to give to the levying officer. The state department or agency in performing the duties of the levying officer under this paragraph has no obligation to search public records or otherwise seek to determine whether any lien or encumbrance exists on property sold or collected.
(c)
A claim of exemption or a third-party claim pursuant to this section shall be heard and determined in the superior court in the county where the property levied upon is located.
(d)
This section shall become operative on January 1, 2014.

California § 688.030. (688.030. (Repealed (in Sec. 3) and added by Stats. 2008, Ch. 552, Sec. 4.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.