§ 690.040. — 690.040. (Added by Stats. 2015, Ch. 803, Sec. 1.)

California § 690.040.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 1.
• Title: 9.
• Part 2.: DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS
• Ch. 10.: CHAPTER 10. Enforcement of Judgments by Labor Commissioner

Text

(a)
Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award:
(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 warrant or notice of levy issued pursuant to Section 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner.
(c)
A claim of exemption or a
third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision (b) of Section 690.030.

Legislative History

Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.