SECTIONS 708.210-708.290 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 708.210-708.290

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 judgment.

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 and the third person.

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 year after creation of a lien on the property or debt
pursuant to this title if the lien is created at the time when the
judgment debtor may bring an action against the third person
concerning the property or debt.
(b) An action may not be commenced pursuant to this article after
the period for enforcement of the money judgment has expired.
(c) Notwithstanding Section 683.020, if an action is commenced
pursuant to this article within the time permitted in this section,
the action may be prosecuted to judgment.

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 interest or from paying to the judgment debtor the
alleged debt. The order shall be made on noticed motion if the court
so directs or a court rule so requires. Otherwise, the order may be
made on ex parte application. The order shall remain in effect until
judgment is entered in the action or until such earlier time as the
court may provide in the order. An undertaking may be required in the
discretion of the court. The court may modify or vacate the order at
any time with or without a hearing on such terms as are just.
(b) A temporary restraining order or a preliminary injunction or
both, restraining the third person from transferring to any person or
otherwise disposing of the property in which the judgment debtor is
claimed to have an interest, pursuant to Chapter 3 (commencing with
Section 525) of Title 7, and the court may make, dissolve, and modify
such orders as provided therein.

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.

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 on the judgment creditor not later than 30 days
before the date set for trial. Service shall be made personally or by
mail. The judgment debtor shall execute an affidavit in support of
the application that includes all of the matters set forth in
subdivision (b) of Section 703.520. No notice of opposition to the
claim of exemption is required. If the judgment debtor has not been
named as a party to the action, the judgment debtor may obtain an
order under Section 389 that the judgment debtor be made a party.
Except as provided in subdivision (b), failure of the judgment debtor
to make a claim of exemption is a waiver of the exemption.
(b) Failure of the judgment debtor to make a claim of exemption in
an action brought pursuant to this article is not a waiver of the
exemption if both of the following conditions are satisfied:
(1) The judgment debtor has not been served with process in the
action that contains a description of the property or debt reasonably
adequate to permit it to be identified.
(2) The judgment debtor does not have actual notice of the
pendency of the action and the identity of the property or the nature
of the debt in issue.

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

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 in subdivisions (b), (c), and (d).
(b) If the judgment creditor establishes that the third person has
property in which the judgment debtor has an interest or is indebted
to the judgment debtor, the court shall render judgment accordingly.
The property or debt may be applied to the satisfaction of the
judgment creditor's judgment against the judgment debtor as ordered
by the court.
(c) If the court determines that the third person has property in
which the judgment debtor has an interest, the court may order the
third person not to transfer the property until it can be levied upon
or otherwise applied to the satisfaction of the judgment.
(d) If the court determines that the third person has transferred
property that was subject to a lien in favor of the judgment creditor
or, contrary to court order of which the third person has notice,
has paid the debt to the judgment debtor or has transferred the
property, the court shall render judgment against the third person in
an amount equal to the lesser of the following:
(1) The value of the judgment debtor's interest in the property or
the amount of the debt.
(2) The amount of the judgment creditor's judgment against the
judgment debtor remaining unsatisfied.

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.