AB 774: Civil actions: enforcement of judgments.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law specifies procedures and requirements for a levying officer to serve documents, including a writ of execution issued by a court, on a judgment debtor. If the judgment upon which the writ is issued is for personal debt, the judgment creditor must provide the levying officer with a declaration stating that they have verified the judgment debtor’s address and specifying the method of verification. Existing law requires a judgment creditor to file with the court the declaration within 5 business days after delivering it to the levying officer. Existing law also requires a judgment creditor executing a levy on the earnings of an employee to serve the earnings withholding order on both the judgment debtor employee and their employer.

This bill would specify that transmittal of a legal pleading by first-class mail, certified mail, or other method of transmission through the United States Postal Service providing a return receipt, as specified, is a permissible method of verification. The bill would instead require the judgment creditor to file with the court the declaration described above within 10 business days after delivering it to the levying officer. The bill would also permit the declaration to be signed by an individual with adequate knowledge of the verification process, including a custodian of records or an attorney for the judgment creditor. The bill would delete the requirement that a judgment creditor executing a levy on the earnings of an employee serve the earnings withholding order on the employee.

(2)Existing law authorizes a judgment creditor to levy upon the property of a judgment debtor to satisfy a judgment, and authorizes the judgment debtor to claim that certain property is exempt from the levy by following a specified procedure. Existing law authorizes a claimant to file a claim of exemption with the levying officer either in person or by mail. The period for filing a claim of exemption is 15 days if the judgment debtor is personally served with a notice of levy on the property claimed to be exempt, and 20 days if the claimant is served with notice by mail. Existing law deems the filing by mail complete on the date the claim is postmarked if the mailing is assigned a tracking number. If the mailing is not assigned a tracking number, the filing by mail is deemed complete on the date the claim is received by the levying officer. Existing law authorizes a judgment creditor who opposes a claim of exemption to file a notice of opposition to the claim and a notice of motion for an order determining the claim within 15 days after service of the notice of claim of exemption.

This bill would authorize, for a personal debt as specified by law, a claimant to file a claim of exemption more than 20 days after the date the notice of levy is served on the judgment debtor. The bill would permit a levying officer to release the funds to the judgment creditor at any time after the expiration of the 20-day period.

(3)Existing law specifies various procedures and requirements for a judgment debtor to claim exemptions to property that has been levied upon to satisfy a judgment. Existing law places the burden of proof on the claimant at a hearing to determine the claim of exemption. If the judgment upon which a writ of execution is issued is for personal debt, a court must order the return of any property that was exempt without the need for a claim or that would have been exempt by a claim of exemption, and that was levied upon within specified periods. Existing law specifies procedures and requirements for a money judgment to be satisfied and for the court to enter a satisfaction of judgment.

This bill would clarify that the filing of an ex parte application in lieu of a motion for purposes of the procedures described above does not constitute a general appearance for purposes of a court exercising its jurisdiction over a party.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 13, 2025Chaptered by Secretary of State - Chapter 708, Statutes of 2025.
2. October 13, 2025Approved by the Governor.
3. September 15, 2025Enrolled and presented to the Governor at 4:30 p.m.
4. September 8, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3031.).
5. September 4, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 4, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2522.).
7. September 2, 2025Ordered to special consent calendar.
8. August 29, 2025Read second time. Ordered to third reading.
9. August 29, 2025From committee: Do pass. (Ayes 7. Noes 0.) (August 29).
10. August 18, 2025In committee: Referred to suspense file.
11. July 9, 2025From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on APPR.
12. June 27, 2025From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.