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California Code of Civil Procedure
Title 9. Enforcement of Judgments

680.010 - 680.380
   


DIVISION 1
CHAPTER 1 - SHORT TITLE AND DEFINITIONS

680.010. This title shall be known and may be cited as the Enforcement of Judgments Law.

680.110. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.

680.120. "Account debtor" means "account debtor" as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.

680.130. "Account receivable" means "account" as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.

680.135. "Affidavit of Identity" means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor's additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.

680.140. "Chattel paper" means "chattel paper" as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.

680.145. "Child support" includes family support.

680.150. "Costs" means costs and disbursements, including but not limited to statutory fees, charges, commissions, and expenses.

680.160. "Court" means the court where the judgment sought to be enforced was entered.

680.170. "Deposit account" means "deposit account" as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.

680.180. "Document of title" means "document" as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable if it is negotiable within the meaning of Section 7104 of the Commercial Code.

680.190. "Equity" means the fair market value of the interest of the judgment debtor in property, or in the case of community property the fair market value of the interest of the judgment debtor and the spouse of the judgment debtor in the property, over and above all liens and encumbrances on the interest superior to the judgment creditor's lien.

680.200. "Financial institution" means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business.

680.210. "General intangibles" means "general intangibles," as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.

680.220. "Instrument" means "instrument", as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.

680.230. "Judgment" means a judgment, order, or decree entered in a court of this state.

680.240. "Judgment creditor" means the person in whose favor a judgment is rendered or, if there is an assignee of record, means the assignee of record. Unless the context otherwise requires, the term also includes the guardian or conservator of the estate, personal representative, or other successor in interest of the judgment creditor or assignee of record.

680.250. "Judgment debtor" means the person against whom a judgment is rendered.

680.260. "Levying officer" means the sheriff or marshal.

680.270. "Money judgment" means that part of a judgment that requires the payment of money.

680.280. "Person" includes a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a public entity.

680.290. "Personal property" includes both tangible and intangible personal property.

680.300. "Principal amount of the judgment" means the total amount of the judgment as entered or as last renewed, together with the costs thereafter added to the judgment pursuant to Section 685.090, reduced by any partial satisfactions of such amount and costs and by any amounts no longer enforceable.

680.310. "Property" includes real and personal property and any interest therein.

680.320. "Real property" includes any right in real property, including but not limited to a leasehold interest in real property.

680.330. "Registered process server" means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.

680.340. "Secured party" means "secured party" as defined in paragraph (72) of subdivision (a) of Section 9102 of the Commercial Code.

680.345. "Security" means a "security" as defined in Section 8102 of the Commercial Code.

680.350. "Security agreement" means "security agreement" as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.

680.360. "Security interest" means "security interest" as defined in Section 1201 of the Commercial Code.

680.365. "Spousal support" includes support for a former spouse.

680.370. "Tangible personal property" includes chattel paper, documents of title, instruments, securities, and money.

680.380. "Writ" includes a writ of execution, a writ of possession of personal property, a writ of possession of real property, and a writ of sale.

 
 
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California Association of Judgment Professionals

California Association of Judgment Professionals
( 2007 President )



 
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For information purposes only, not to be considered legal advice. If you require legal advice please contact an attorney.
     
 
   
 
   
Judicial Revenue Service California Association of Judgment Professionals