SECTIONS 689.010-689.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 689.010-689.050

689.010. For the purpose of the remedies provided under this
chapter, jurisdiction is conferred upon the superior court.

689.020. (a) Except as otherwise provided by statute, whenever a
warrant may properly be issued by a local child support agency
pursuant to Section 17522 of the Family Code, and the warrant may be
levied with the same effect as a levy pursuant to a writ of
execution, the local child support agency may use any of the remedies
available to a judgment creditor, including, but not limited to,
those provided in Chapter 6 (commencing with Section 708.010) of
Division 2.
(b) The proper court for the enforcement of the remedies provided
under this chapter is the superior court in the county where the
local child support agency enforcing the support obligation is
located.

689.030. (a) Whenever the local child support agency, pursuant to
Section 17522 of the Family Code, levies upon property pursuant to a
warrant or notice of levy for the collection of a support obligation:
(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 17522 of the Family Code, the claim of exemption or the
third-party claim shall be filed with the local child support agency
that issued the warrant or notice of levy.
(c) A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 689.010 in the county where the local child support agency
enforcing the support obligation is located.

689.040. (a) Notwithstanding any other provision of law, in the
case of a writ of execution issued by a court of competent
jurisdiction pursuant to Chapter 3 (commencing with Section 699.010)
and Chapter 5 (commencing with Section 706.010) of Division 2, the
local child support agency, when enforcing a support obligation
pursuant to Division 17 (commencing with Section 17000) of the Family
Code, may perform the duties of the levying officer, except that the
local child support 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.
(b) Notwithstanding subdivision (a) of Section 700.140, if the
writ of execution is for a deposit or credits or personal property in
the possession or under the control of a bank or savings and loan
association, the local child support agency may deliver or mail the
writ of execution to a centralized location designated by the bank or
savings and loan association. If the writ of execution is received
at the designated central location, it will apply to all deposits and
credits and personal property held by the bank or savings and loan
association regardless of the location of that property.

689.050. For the purpose of this chapter:
(a) "Judgment creditor" or "creditor" means the local child
support agency seeking to collect a child or spousal support
obligation pursuant to a support order.
(b) "Judgment debtor" or "debtor" means the debtor from whom the
support obligation is sought to be collected.