State Codes and Statutes

Statutes > California > Ccp > 708.710-708.795

CODE OF CIVIL PROCEDURE
SECTION 708.710-708.795



708.710.  As used in this article:
   (a) "Local public entity" means any public entity other than the
state.
   (b) "Public entity" means the state, a county, city, district,
public authority, public agency, and any other political subdivision
in the state.
   (c) "State" means the State of California.
   (d) "State agency" means a state office, officer, department,
division, bureau, board, commission or agency claims against which
are paid by warrants drawn by the Controller.




708.720.  (a) If a public entity owes money to the judgment debtor,
the obligation of the public entity may be applied to the
satisfaction of the money judgment against the judgment debtor only
in the manner provided by (1) this article, (2) Chapter 5 (commencing
with Section 706.010) (wage garnishment), or (3) Article 5
(commencing with Section 708.410) (lien in pending action or
proceeding).
   (b) The earnings of a public officer or employee shall not be
withheld pursuant to this article. Except as expressly provided by
law, the earnings of a public officer or employee may be withheld for
the payment of a money judgment only pursuant to Chapter 5
(commencing with Section 706.010).
   (c) If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special
proceeding, the procedure in this article does not apply. The payment
of the obligation that is the subject of the pending action or
special proceeding may be applied to the satisfaction of the money
judgment against the judgment debtor only in the manner provided in
Article 5 (commencing with Section 708.410).



708.730.  (a) If money is owing and unpaid to the judgment debtor by
a public entity, the judgment creditor may file, in the manner
provided in this article, an abstract of the money judgment or a
certified copy of the money judgment, together with an affidavit that
states that the judgment creditor desires the relief provided by
this article and states the exact amount then required to satisfy the
judgment. The judgment creditor may state in the affidavit any fact
tending to establish the identity of the judgment debtor.
   (b) Promptly after filing the abstract or certified copy of the
judgment and the affidavit with the public entity, the judgment
creditor shall serve notice of the filing on the judgment debtor.
Service shall be made personally or by mail.
   (c) If the judgment is for support and related costs and money is
owing and unpaid to the judgment debtor by a state agency, including,
but not limited to, money owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code or as a result of the
judgment debtor's winnings in the California State Lottery, and the
local child support agency is enforcing the support obligation
pursuant to Section 17400 of the Family Code, the claim may be
submitted as follows: The local child support agency may file the
affidavit referred to in subdivision (a) without filing an abstract
or certified copy of the judgment. In lieu thereof, the affidavit
shall also state that an abstract of the judgment could be obtained.
Where there is more than one judgment debtor, the local child support
agency may include all the judgment debtors in a single affidavit.
Separate affidavits need not be submitted for each judgment debtor.
The affidavit need not on its face separately identify each judgment
debtor or the exact amount required to satisfy the judgment, so long
as it incorporates by reference forms or other automated data
transmittals, as required by the Department of Child Support
Services, which contain this information. Affidavits submitted
pursuant to this subdivision by the local child support agency shall
meet the standards and procedures prescribed by the state agency to
which the affidavit is submitted, except that those affidavits
submitted with respect to moneys owed and unpaid to the judgment
debtor as a result of a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, shall meet the standards
and procedures prescribed by the Franchise Tax Board.
   In serving the notice required by subdivision (b), the Director of
the Department of Child Support Services or his or her designee may
act in lieu of the judgment creditor as to judgments enforced under
this division.
   (d) If the judgment is for child, spousal, or family support and
related costs and money is owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, or as a result of the
judgment debtor's winnings in the California State Lottery, the
judgment creditor may file with the court an abstract or a certified
copy of the judgment ordering the payment of child, spousal, or
family support, together with a request that the court issue a Notice
of Support Arrearage, as provided in Section 708.780, to which any
personal income tax refunds and lottery winnings owed the judgment
debtor by the State of California will be subject. The request shall
be accompanied by an affidavit, signed under penalty of perjury,
which shall state that the judgment creditor desires the relief
provided by this subdivision and shall state the exact amount then
required to satisfy the judgment. In addition, the affidavit shall
specify the beginning and ending dates of all periods during which
the arrearage for support occurred, specify the arrearage for each
month, and state that the support is at least 90 days overdue or is
overdue in an amount equal to 90 days of support. It shall also
certify that the child or children are not recipients, and during the
period for which payment is requested, were not recipients, of Aid
to Families with Dependent Children and there was no assignment to a
state or county agency of support and shall certify on information
and belief that there is not current or past action by a district
attorney pending for support or support enforcement on the judgment
creditor's behalf.
   The request shall have attached a proof of service showing that
copies of the request, the affidavit, and the abstract or certified
copy of the judgment ordering the payment of support have been served
on the judgment debtor and the district attorney of the county in
which the support judgment is entered. Service shall be by certified
mail, postage prepaid, return receipt requested, to the last known
address of the party to be served, or by personal service.
   This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the action
for support or if support is required to be paid through a district
attorney's office.
   The Department of Child Support Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2000.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2000.
   (e) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.740.  (a) Except as provided in subdivision (e), if money is
owing and unpaid to the judgment debtor by a state agency, the
judgment creditor shall file the abstract or certified copy of the
judgment and the affidavit with the state agency owing the money to
the judgment debtor prior to the time the state agency presents the
claim of the judgment debtor to the Controller. Where the affidavit
is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no
abstract need be filed. Filing of the affidavit with the department
shall be sufficient to require the Controller to transfer the funds
claimed by the judgment debtor, notwithstanding that the claim of the
judgment debtor has been filed with another state agency.
   (b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
   (1) Note the fact of the filing of the abstract or certified copy
of the judgment and the affidavit.
   (2) State the amount required to satisfy the judgment as shown by
the affidavit.
   (3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or
for any other purpose.
   (c) Except as provided in subdivisions (d) and (e), to discharge
the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the
amount due the judgment debtor (after deducting an amount sufficient
to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to
satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
   (d) Where an affidavit stating the existence of a judgment for
support has been submitted to the Department of Child Support
Services, pursuant to subdivision (c) of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall direct
payment to the county agency designated by the local child support
agency in his or her affidavit.
   (e) Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment under
Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, and the support obligation is not being enforced
pursuant to Section 17400 of the Family Code, the judgment creditor
may file the abstract or certified copy of the judgment with the
local child support agency of the county in which the support
judgment is entered or registered. The local child support agency
shall then file the claim of the judgment creditor pursuant to
subdivision (c) of Section 708.730. When funds are received by the
local child support agency, it shall discharge any claim of the
judgment debtor by forwarding those sums to the clerk of the court
pursuant to subdivision (c) of this section. Any and all notices
otherwise required of a judgment creditor or the clerk of the court,
and any litigation to enforce rights under this subdivision shall be
the responsibility of the judgment creditor, the same as if service
had been directly on the Controller without the intervention of the
local child support agency.
   (f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an
affidavit filed pursuant to subdivision (c) of Section 708.730, the
Controller may disregard the claim of the judgment creditor and
forward any and all sums due to the judgment debtor. In the event
that there is more than one claimant for a refund, the Franchise Tax
Board shall have discretion in allocating the overpayment among
claimants.
   (g) Should two or more local child support agencies submit claims
on behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall honor.
   (h) Any claims which are honored in behalf of a judgment creditor
shall be considered as refunds of tax overpayments to the judgment
debtor.
   (i) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.750.  If money is owing and unpaid to the judgment debtor by a
public entity other than a state agency, the judgment creditor shall
file the abstract or certified copy of the judgment and the affidavit
with the auditor of the public entity or, if there is no auditor,
with the official whose duty corresponds to that of auditor. To
discharge the claim of the judgment debtor, the auditor or other
official shall (1) deposit with the court by a warrant or check
payable to the court, the amount due the judgment debtor (after
deducting an amount sufficient to reimburse the public entity for any
amounts advanced to the judgment debtor or owed by the judgment
debtor to the public entity) required to satisfy the money judgment
as shown by the affidavit in full or to the greatest extent and (2)
pay the balance thereof, if any, to the judgment debtor.



708.755.  (a) Upon compliance with this section, the lien of a
judgment creditor pursuant to this article is created against a
lottery prize to be paid in annual installments and shall continue in
force and effect until the judgment is paid or expires, whichever
occurs first. For the lien to continue in effect, the judgment
creditor shall do all of the following:
   (1) Commencing with the second installment against which the
judgment lien creditor asserts its lien, annually file with the
lottery an affidavit stating that the judgment has not been satisfied
and the amount of the remaining unsatisfied judgment, including
interest and costs, if any. This affidavit shall be filed with the
lottery not less than 45 days, nor more than 90 days, before the
annual payment due date on the prize that is the subject of the
judgment lien.
   (2) If the judgment lien is renewed, file with the lottery a
certified copy of the renewal application, as authorized in this code
not less than 45 days, nor more than 90 days, before the annual
payment due date on the prize that is the subject of the judgment
lien, in order for the judgment lien to be effective in continuing
the existing judgment lien against the annual lottery prize payments.
   (b) If the judgment lien creditor fails to file the annual
statement, renewal of judgment, or renewal of abstract, the lien
shall expire. Expiration of a lien for failure to comply with this
section shall not preclude the judgment creditor from commencing a
new procedure under this article to enforce the judgment, to the
extent that the judgment otherwise continues to be enforceable under
applicable law.


708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 3181 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with the provisions of Chapter 4 (commencing with
Section 3179) of Title 15 of Part 4 of Division 3 of the Civil Code
shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 3181 of the Civil Code.



708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 9100 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with Chapter 4 (commencing with Section 9350) of Title
3 of Part 6 of Division 4 of the Civil Code shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 9100 of the Civil Code.



708.770.  (a) Except as provided in subdivision (g), promptly after
deposit with the court by the public entity, the court clerk shall
cause a notice of deposit to be served on the judgment debtor.
Service shall be made personally or by mail.
   (b) Within 10 days after service of the notice of deposit pursuant
to subdivision (a), the judgment debtor who claims an exemption
shall do both of the following:
   (1) File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption. The claim of
exemption shall include all of the matters set forth in subdivision
(b) of Section 703.520.
   (2) Serve on the judgment creditor a copy of the notice of motion,
a copy of the claim of exemption, and a notice of hearing on the
motion. Service shall be made personally or by mail.
   (c) The hearing on the motion shall be held not later than 30 days
from the date the notice of motion was filed with the court unless
continued by the court for good cause.
   (d) Within 10 days after the judgment creditor is served under
subdivision (b), the judgment creditor who opposes the motion shall
do both of the following:
   (1) File with the court a notice of opposition to the claim of
exemption. The notice of opposition to the claim of exemption shall
be executed under oath and shall include all of the matters set forth
in Section 703.560.
   (2) Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption. Service shall be made
personally or by mail.
   (e) Subdivisions (a) to (d), inclusive, of Section 703.580 and
Sections 703.590 and 703.600 apply to a claim of exemption made
pursuant to this section.
   (f) The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the exemption.
   (g) In lieu of service of the notice of deposit described herein,
where a state agency has been served with an affidavit pursuant to
subdivision (c) of Section 708.730 and has presented the claim of the
judgment creditor to the Controller pursuant to subdivision (a) of
Section 708.740, the state agency shall cause a notice of deposit to
be sent to the judgment debtor instructing the judgment debtor to
file any and all requests for relief with the district attorney who
filed the affidavit, or the court clerk if the seizure arises under
subdivision (e) of Section 708.740. Except in those cases arising
under subdivision (e) of Section 708.740, the judgment debtor shall
file the request for relief with the district attorney within 15 days
after service of notice from the public agency, or the judgment
debtor shall be deemed to have waived any claim he or she might
otherwise have. If the matter cannot be resolved with the district
attorney, the district attorney shall so advise the judgment debtor
and the judgment debtor shall then be authorized to commence
proceedings under this section or any other appropriate provision of
law. The notice from the district attorney shall for any limitation
have the same effect as a notice of deposit under subdivision (a).
Service of any notice or request under this subdivision shall be made
personally or by mail.
   Claims arising from the filing of an abstract or certified copy of
a judgment, under subdivision (e) of Section 708.740 shall be
governed by the procedure and limitations set forth in subdivisions
(a) through (f).



708.775.  After the expiration of the period allowed for claiming an
exemption under Section 708.770 if no exemption has been claimed, or
after the determination of the claim of exemption if an exemption is
claimed within the period allowed for claiming the exemption under
Section 708.770, the court shall pay the nonexempt portion of the
money deposited to which the judgment creditor is entitled to the
judgment creditor and the balance thereof, if any, to the judgment
debtor, unless some other disposition is required by law.



708.780.  (a) Filing of the abstract or certified copy of the
judgment and the affidavit pursuant to this article creates a lien on
the money owing and unpaid to the judgment debtor by the public
entity in an amount equal to that which may properly be applied to
the satisfaction of the money judgment under this article.
   (b) When an affidavit is filed pursuant to subdivision (c) of
Section 708.730, it shall apply to all claims for refund from the
Franchise Tax Board under the Personal Income Tax Law, Part 10
(commencing with Section 17001) of Division 2 of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and
Taxation Code, which the judgment debtor subsequently claims during a
period one year after filing of the affidavit, or October 1 of the
year following the filing of the affidavit, whichever occurs later,
the same as if claims for these overpayments were filed by the
judgment debtor with the appropriate state agency on the date the
affidavit was filed.
   (c) When a request is filed pursuant to subdivision (d) of Section
708.730 with the court, the clerk of the court shall issue a Notice
of Support Arrearage. The clerk of the court shall issue the notice
30 days after the request was filed pursuant to subdivision (d) of
Section 708.730 without a hearing if no objection has been raised by
the judgment debtor pursuant to this subdivision. If an objection has
been raised, the notice shall not be ordered until after a hearing.
The notice shall contain the name of the person ordered to pay
support and his or her social security number; the amount of the
arrearage determined by the court; whether the arrearage is for
child, spousal, or family support and the specific combination
thereof; a statement of how the recipient may challenge the statement
of arrearage; and the name, address, and social security number of
the person to whom the arrearage is owed. Upon the clerk of the court
issuing the Notice of Support Arrearage, a copy of the request, the
affidavit, and the notice shall be served by the party who requested
the court to issue the Notice of Support Arrearage upon the person
ordered to pay support and the Controller. Service may be personal,
in accordance with Section 1011, or by mail, in accordance with
Section 1013. Service upon the Controller shall be at the Controller'
s office in Sacramento.
   The judgment debtor may object to the request or affidavit upon
any of the following grounds: (1) there is an error in the amount of
the arrearage stated in the affidavit; (2) the alleged judgment
debtor is not the judgment debtor from whom the support is due; (3)
the amount to be intercepted exceeds that allowable under federal
law; (4) a default in payment of the support for 30 days has not
occurred; or (5) other necessary factual allegations contained in the
affidavit are erroneous.
   Upon receipt of the Notice of Support Arrearage, the Controller
shall take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the
judgment debtor and deposit with the court a warrant, subject to
Sections 708.770 and 708.775, with service of a copy of the warrant
upon the local child support agency of the county in which the
support judgment is entered, payable to the court, the amount due the
judgment creditor (after deducting an amount sufficient to reimburse
the state for any amounts advanced to the judgment debtor or owed by
the judgment debtor to the state) required to satisfy the money
judgment as shown by the affidavit in full or to the greatest extent,
and pay the balance thereof, if any, to the judgment debtor. At any
hearing pursuant to Section 708.770, the judgment debtor may
challenge the distribution of these funds on exemption or other
grounds, including, but not limited to, an allegation that the
judgment has been satisfied or that service was improper. The notice
shall not apply to any money which is exempt by law from execution.
The Controller shall determine the cost of enforcing the notice and
may establish a notice filing fee not to exceed five dollars ($5).
   Service of the Notice of Support Arrearage and of the request and
affidavit pursuant to this subdivision creates a lien on the money
owing and unpaid to the judgment debtor which shall become effective
30 days following service upon the Controller. This notice shall
remain in effect for four years from the date of its issuance or
until the arrearage for which the notice was issued is satisfied,
whichever occurs first.
   Any person who files a request with the court to issue a Notice of
Support Arrearage pursuant to subdivision (d) of Section 708.730
shall notify the court and the Controller of any satisfaction of the
arrearage after the Notice of Support Arrearage has been issued by
the clerk of the court. The notice to the court and the Controller
shall be filed with the court and the Controller and served upon the
local child support agency of the county in which the support
judgment is entered within 30 days of the satisfaction or discharge
and shall show a partial or full satisfaction of the arrearage or any
other resolution of the arrearage.
   Upon filing and service, the Notice of Support Arrearage shall be
of no force and effect.
   The State Department of Social Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2001.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2001.
   (d) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.785.  (a) The judgment creditor upon filing the abstract or
certified copy of the judgment and the affidavit shall pay a fee of
six dollars ($6) to the public entity with which it is filed.
   (b) Fees received by the state under this section shall be
deposited to the credit of the fund from which payments were, or
would be, made on account of collection under this article.



708.790.  No public officer or employee is liable for failure to
perform a duty imposed by this article unless sufficient information
is furnished by the abstract or certified copy of the judgment
together with the affidavit to enable the officer or employee in the
exercise of reasonable diligence to ascertain the identity of the
judgment debtor therefrom and from the papers and records on file in
the office in which the officer or employee works. The word "office"
as used in this section does not include any branch or subordinate
office located in a different city.



708.795.  Except as to sums due and unpaid under a judgment for
support, nothing in this article authorizes the filing against an
overpayment of tax, penalty, or interest, or interest allowable with
respect to an overpayment, under Part 10 (commencing with Section
17001), or Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code or under Division 6 (commencing with
Section 13000) of the Unemployment Insurance Code.


State Codes and Statutes

Statutes > California > Ccp > 708.710-708.795

CODE OF CIVIL PROCEDURE
SECTION 708.710-708.795



708.710.  As used in this article:
   (a) "Local public entity" means any public entity other than the
state.
   (b) "Public entity" means the state, a county, city, district,
public authority, public agency, and any other political subdivision
in the state.
   (c) "State" means the State of California.
   (d) "State agency" means a state office, officer, department,
division, bureau, board, commission or agency claims against which
are paid by warrants drawn by the Controller.




708.720.  (a) If a public entity owes money to the judgment debtor,
the obligation of the public entity may be applied to the
satisfaction of the money judgment against the judgment debtor only
in the manner provided by (1) this article, (2) Chapter 5 (commencing
with Section 706.010) (wage garnishment), or (3) Article 5
(commencing with Section 708.410) (lien in pending action or
proceeding).
   (b) The earnings of a public officer or employee shall not be
withheld pursuant to this article. Except as expressly provided by
law, the earnings of a public officer or employee may be withheld for
the payment of a money judgment only pursuant to Chapter 5
(commencing with Section 706.010).
   (c) If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special
proceeding, the procedure in this article does not apply. The payment
of the obligation that is the subject of the pending action or
special proceeding may be applied to the satisfaction of the money
judgment against the judgment debtor only in the manner provided in
Article 5 (commencing with Section 708.410).



708.730.  (a) If money is owing and unpaid to the judgment debtor by
a public entity, the judgment creditor may file, in the manner
provided in this article, an abstract of the money judgment or a
certified copy of the money judgment, together with an affidavit that
states that the judgment creditor desires the relief provided by
this article and states the exact amount then required to satisfy the
judgment. The judgment creditor may state in the affidavit any fact
tending to establish the identity of the judgment debtor.
   (b) Promptly after filing the abstract or certified copy of the
judgment and the affidavit with the public entity, the judgment
creditor shall serve notice of the filing on the judgment debtor.
Service shall be made personally or by mail.
   (c) If the judgment is for support and related costs and money is
owing and unpaid to the judgment debtor by a state agency, including,
but not limited to, money owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code or as a result of the
judgment debtor's winnings in the California State Lottery, and the
local child support agency is enforcing the support obligation
pursuant to Section 17400 of the Family Code, the claim may be
submitted as follows: The local child support agency may file the
affidavit referred to in subdivision (a) without filing an abstract
or certified copy of the judgment. In lieu thereof, the affidavit
shall also state that an abstract of the judgment could be obtained.
Where there is more than one judgment debtor, the local child support
agency may include all the judgment debtors in a single affidavit.
Separate affidavits need not be submitted for each judgment debtor.
The affidavit need not on its face separately identify each judgment
debtor or the exact amount required to satisfy the judgment, so long
as it incorporates by reference forms or other automated data
transmittals, as required by the Department of Child Support
Services, which contain this information. Affidavits submitted
pursuant to this subdivision by the local child support agency shall
meet the standards and procedures prescribed by the state agency to
which the affidavit is submitted, except that those affidavits
submitted with respect to moneys owed and unpaid to the judgment
debtor as a result of a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, shall meet the standards
and procedures prescribed by the Franchise Tax Board.
   In serving the notice required by subdivision (b), the Director of
the Department of Child Support Services or his or her designee may
act in lieu of the judgment creditor as to judgments enforced under
this division.
   (d) If the judgment is for child, spousal, or family support and
related costs and money is owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, or as a result of the
judgment debtor's winnings in the California State Lottery, the
judgment creditor may file with the court an abstract or a certified
copy of the judgment ordering the payment of child, spousal, or
family support, together with a request that the court issue a Notice
of Support Arrearage, as provided in Section 708.780, to which any
personal income tax refunds and lottery winnings owed the judgment
debtor by the State of California will be subject. The request shall
be accompanied by an affidavit, signed under penalty of perjury,
which shall state that the judgment creditor desires the relief
provided by this subdivision and shall state the exact amount then
required to satisfy the judgment. In addition, the affidavit shall
specify the beginning and ending dates of all periods during which
the arrearage for support occurred, specify the arrearage for each
month, and state that the support is at least 90 days overdue or is
overdue in an amount equal to 90 days of support. It shall also
certify that the child or children are not recipients, and during the
period for which payment is requested, were not recipients, of Aid
to Families with Dependent Children and there was no assignment to a
state or county agency of support and shall certify on information
and belief that there is not current or past action by a district
attorney pending for support or support enforcement on the judgment
creditor's behalf.
   The request shall have attached a proof of service showing that
copies of the request, the affidavit, and the abstract or certified
copy of the judgment ordering the payment of support have been served
on the judgment debtor and the district attorney of the county in
which the support judgment is entered. Service shall be by certified
mail, postage prepaid, return receipt requested, to the last known
address of the party to be served, or by personal service.
   This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the action
for support or if support is required to be paid through a district
attorney's office.
   The Department of Child Support Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2000.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2000.
   (e) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.740.  (a) Except as provided in subdivision (e), if money is
owing and unpaid to the judgment debtor by a state agency, the
judgment creditor shall file the abstract or certified copy of the
judgment and the affidavit with the state agency owing the money to
the judgment debtor prior to the time the state agency presents the
claim of the judgment debtor to the Controller. Where the affidavit
is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no
abstract need be filed. Filing of the affidavit with the department
shall be sufficient to require the Controller to transfer the funds
claimed by the judgment debtor, notwithstanding that the claim of the
judgment debtor has been filed with another state agency.
   (b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
   (1) Note the fact of the filing of the abstract or certified copy
of the judgment and the affidavit.
   (2) State the amount required to satisfy the judgment as shown by
the affidavit.
   (3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or
for any other purpose.
   (c) Except as provided in subdivisions (d) and (e), to discharge
the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the
amount due the judgment debtor (after deducting an amount sufficient
to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to
satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
   (d) Where an affidavit stating the existence of a judgment for
support has been submitted to the Department of Child Support
Services, pursuant to subdivision (c) of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall direct
payment to the county agency designated by the local child support
agency in his or her affidavit.
   (e) Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment under
Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, and the support obligation is not being enforced
pursuant to Section 17400 of the Family Code, the judgment creditor
may file the abstract or certified copy of the judgment with the
local child support agency of the county in which the support
judgment is entered or registered. The local child support agency
shall then file the claim of the judgment creditor pursuant to
subdivision (c) of Section 708.730. When funds are received by the
local child support agency, it shall discharge any claim of the
judgment debtor by forwarding those sums to the clerk of the court
pursuant to subdivision (c) of this section. Any and all notices
otherwise required of a judgment creditor or the clerk of the court,
and any litigation to enforce rights under this subdivision shall be
the responsibility of the judgment creditor, the same as if service
had been directly on the Controller without the intervention of the
local child support agency.
   (f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an
affidavit filed pursuant to subdivision (c) of Section 708.730, the
Controller may disregard the claim of the judgment creditor and
forward any and all sums due to the judgment debtor. In the event
that there is more than one claimant for a refund, the Franchise Tax
Board shall have discretion in allocating the overpayment among
claimants.
   (g) Should two or more local child support agencies submit claims
on behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall honor.
   (h) Any claims which are honored in behalf of a judgment creditor
shall be considered as refunds of tax overpayments to the judgment
debtor.
   (i) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.750.  If money is owing and unpaid to the judgment debtor by a
public entity other than a state agency, the judgment creditor shall
file the abstract or certified copy of the judgment and the affidavit
with the auditor of the public entity or, if there is no auditor,
with the official whose duty corresponds to that of auditor. To
discharge the claim of the judgment debtor, the auditor or other
official shall (1) deposit with the court by a warrant or check
payable to the court, the amount due the judgment debtor (after
deducting an amount sufficient to reimburse the public entity for any
amounts advanced to the judgment debtor or owed by the judgment
debtor to the public entity) required to satisfy the money judgment
as shown by the affidavit in full or to the greatest extent and (2)
pay the balance thereof, if any, to the judgment debtor.



708.755.  (a) Upon compliance with this section, the lien of a
judgment creditor pursuant to this article is created against a
lottery prize to be paid in annual installments and shall continue in
force and effect until the judgment is paid or expires, whichever
occurs first. For the lien to continue in effect, the judgment
creditor shall do all of the following:
   (1) Commencing with the second installment against which the
judgment lien creditor asserts its lien, annually file with the
lottery an affidavit stating that the judgment has not been satisfied
and the amount of the remaining unsatisfied judgment, including
interest and costs, if any. This affidavit shall be filed with the
lottery not less than 45 days, nor more than 90 days, before the
annual payment due date on the prize that is the subject of the
judgment lien.
   (2) If the judgment lien is renewed, file with the lottery a
certified copy of the renewal application, as authorized in this code
not less than 45 days, nor more than 90 days, before the annual
payment due date on the prize that is the subject of the judgment
lien, in order for the judgment lien to be effective in continuing
the existing judgment lien against the annual lottery prize payments.
   (b) If the judgment lien creditor fails to file the annual
statement, renewal of judgment, or renewal of abstract, the lien
shall expire. Expiration of a lien for failure to comply with this
section shall not preclude the judgment creditor from commencing a
new procedure under this article to enforce the judgment, to the
extent that the judgment otherwise continues to be enforceable under
applicable law.


708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 3181 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with the provisions of Chapter 4 (commencing with
Section 3179) of Title 15 of Part 4 of Division 3 of the Civil Code
shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 3181 of the Civil Code.



708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 9100 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with Chapter 4 (commencing with Section 9350) of Title
3 of Part 6 of Division 4 of the Civil Code shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 9100 of the Civil Code.



708.770.  (a) Except as provided in subdivision (g), promptly after
deposit with the court by the public entity, the court clerk shall
cause a notice of deposit to be served on the judgment debtor.
Service shall be made personally or by mail.
   (b) Within 10 days after service of the notice of deposit pursuant
to subdivision (a), the judgment debtor who claims an exemption
shall do both of the following:
   (1) File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption. The claim of
exemption shall include all of the matters set forth in subdivision
(b) of Section 703.520.
   (2) Serve on the judgment creditor a copy of the notice of motion,
a copy of the claim of exemption, and a notice of hearing on the
motion. Service shall be made personally or by mail.
   (c) The hearing on the motion shall be held not later than 30 days
from the date the notice of motion was filed with the court unless
continued by the court for good cause.
   (d) Within 10 days after the judgment creditor is served under
subdivision (b), the judgment creditor who opposes the motion shall
do both of the following:
   (1) File with the court a notice of opposition to the claim of
exemption. The notice of opposition to the claim of exemption shall
be executed under oath and shall include all of the matters set forth
in Section 703.560.
   (2) Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption. Service shall be made
personally or by mail.
   (e) Subdivisions (a) to (d), inclusive, of Section 703.580 and
Sections 703.590 and 703.600 apply to a claim of exemption made
pursuant to this section.
   (f) The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the exemption.
   (g) In lieu of service of the notice of deposit described herein,
where a state agency has been served with an affidavit pursuant to
subdivision (c) of Section 708.730 and has presented the claim of the
judgment creditor to the Controller pursuant to subdivision (a) of
Section 708.740, the state agency shall cause a notice of deposit to
be sent to the judgment debtor instructing the judgment debtor to
file any and all requests for relief with the district attorney who
filed the affidavit, or the court clerk if the seizure arises under
subdivision (e) of Section 708.740. Except in those cases arising
under subdivision (e) of Section 708.740, the judgment debtor shall
file the request for relief with the district attorney within 15 days
after service of notice from the public agency, or the judgment
debtor shall be deemed to have waived any claim he or she might
otherwise have. If the matter cannot be resolved with the district
attorney, the district attorney shall so advise the judgment debtor
and the judgment debtor shall then be authorized to commence
proceedings under this section or any other appropriate provision of
law. The notice from the district attorney shall for any limitation
have the same effect as a notice of deposit under subdivision (a).
Service of any notice or request under this subdivision shall be made
personally or by mail.
   Claims arising from the filing of an abstract or certified copy of
a judgment, under subdivision (e) of Section 708.740 shall be
governed by the procedure and limitations set forth in subdivisions
(a) through (f).



708.775.  After the expiration of the period allowed for claiming an
exemption under Section 708.770 if no exemption has been claimed, or
after the determination of the claim of exemption if an exemption is
claimed within the period allowed for claiming the exemption under
Section 708.770, the court shall pay the nonexempt portion of the
money deposited to which the judgment creditor is entitled to the
judgment creditor and the balance thereof, if any, to the judgment
debtor, unless some other disposition is required by law.



708.780.  (a) Filing of the abstract or certified copy of the
judgment and the affidavit pursuant to this article creates a lien on
the money owing and unpaid to the judgment debtor by the public
entity in an amount equal to that which may properly be applied to
the satisfaction of the money judgment under this article.
   (b) When an affidavit is filed pursuant to subdivision (c) of
Section 708.730, it shall apply to all claims for refund from the
Franchise Tax Board under the Personal Income Tax Law, Part 10
(commencing with Section 17001) of Division 2 of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and
Taxation Code, which the judgment debtor subsequently claims during a
period one year after filing of the affidavit, or October 1 of the
year following the filing of the affidavit, whichever occurs later,
the same as if claims for these overpayments were filed by the
judgment debtor with the appropriate state agency on the date the
affidavit was filed.
   (c) When a request is filed pursuant to subdivision (d) of Section
708.730 with the court, the clerk of the court shall issue a Notice
of Support Arrearage. The clerk of the court shall issue the notice
30 days after the request was filed pursuant to subdivision (d) of
Section 708.730 without a hearing if no objection has been raised by
the judgment debtor pursuant to this subdivision. If an objection has
been raised, the notice shall not be ordered until after a hearing.
The notice shall contain the name of the person ordered to pay
support and his or her social security number; the amount of the
arrearage determined by the court; whether the arrearage is for
child, spousal, or family support and the specific combination
thereof; a statement of how the recipient may challenge the statement
of arrearage; and the name, address, and social security number of
the person to whom the arrearage is owed. Upon the clerk of the court
issuing the Notice of Support Arrearage, a copy of the request, the
affidavit, and the notice shall be served by the party who requested
the court to issue the Notice of Support Arrearage upon the person
ordered to pay support and the Controller. Service may be personal,
in accordance with Section 1011, or by mail, in accordance with
Section 1013. Service upon the Controller shall be at the Controller'
s office in Sacramento.
   The judgment debtor may object to the request or affidavit upon
any of the following grounds: (1) there is an error in the amount of
the arrearage stated in the affidavit; (2) the alleged judgment
debtor is not the judgment debtor from whom the support is due; (3)
the amount to be intercepted exceeds that allowable under federal
law; (4) a default in payment of the support for 30 days has not
occurred; or (5) other necessary factual allegations contained in the
affidavit are erroneous.
   Upon receipt of the Notice of Support Arrearage, the Controller
shall take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the
judgment debtor and deposit with the court a warrant, subject to
Sections 708.770 and 708.775, with service of a copy of the warrant
upon the local child support agency of the county in which the
support judgment is entered, payable to the court, the amount due the
judgment creditor (after deducting an amount sufficient to reimburse
the state for any amounts advanced to the judgment debtor or owed by
the judgment debtor to the state) required to satisfy the money
judgment as shown by the affidavit in full or to the greatest extent,
and pay the balance thereof, if any, to the judgment debtor. At any
hearing pursuant to Section 708.770, the judgment debtor may
challenge the distribution of these funds on exemption or other
grounds, including, but not limited to, an allegation that the
judgment has been satisfied or that service was improper. The notice
shall not apply to any money which is exempt by law from execution.
The Controller shall determine the cost of enforcing the notice and
may establish a notice filing fee not to exceed five dollars ($5).
   Service of the Notice of Support Arrearage and of the request and
affidavit pursuant to this subdivision creates a lien on the money
owing and unpaid to the judgment debtor which shall become effective
30 days following service upon the Controller. This notice shall
remain in effect for four years from the date of its issuance or
until the arrearage for which the notice was issued is satisfied,
whichever occurs first.
   Any person who files a request with the court to issue a Notice of
Support Arrearage pursuant to subdivision (d) of Section 708.730
shall notify the court and the Controller of any satisfaction of the
arrearage after the Notice of Support Arrearage has been issued by
the clerk of the court. The notice to the court and the Controller
shall be filed with the court and the Controller and served upon the
local child support agency of the county in which the support
judgment is entered within 30 days of the satisfaction or discharge
and shall show a partial or full satisfaction of the arrearage or any
other resolution of the arrearage.
   Upon filing and service, the Notice of Support Arrearage shall be
of no force and effect.
   The State Department of Social Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2001.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2001.
   (d) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.785.  (a) The judgment creditor upon filing the abstract or
certified copy of the judgment and the affidavit shall pay a fee of
six dollars ($6) to the public entity with which it is filed.
   (b) Fees received by the state under this section shall be
deposited to the credit of the fund from which payments were, or
would be, made on account of collection under this article.



708.790.  No public officer or employee is liable for failure to
perform a duty imposed by this article unless sufficient information
is furnished by the abstract or certified copy of the judgment
together with the affidavit to enable the officer or employee in the
exercise of reasonable diligence to ascertain the identity of the
judgment debtor therefrom and from the papers and records on file in
the office in which the officer or employee works. The word "office"
as used in this section does not include any branch or subordinate
office located in a different city.



708.795.  Except as to sums due and unpaid under a judgment for
support, nothing in this article authorizes the filing against an
overpayment of tax, penalty, or interest, or interest allowable with
respect to an overpayment, under Part 10 (commencing with Section
17001), or Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code or under Division 6 (commencing with
Section 13000) of the Unemployment Insurance Code.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 708.710-708.795

CODE OF CIVIL PROCEDURE
SECTION 708.710-708.795



708.710.  As used in this article:
   (a) "Local public entity" means any public entity other than the
state.
   (b) "Public entity" means the state, a county, city, district,
public authority, public agency, and any other political subdivision
in the state.
   (c) "State" means the State of California.
   (d) "State agency" means a state office, officer, department,
division, bureau, board, commission or agency claims against which
are paid by warrants drawn by the Controller.




708.720.  (a) If a public entity owes money to the judgment debtor,
the obligation of the public entity may be applied to the
satisfaction of the money judgment against the judgment debtor only
in the manner provided by (1) this article, (2) Chapter 5 (commencing
with Section 706.010) (wage garnishment), or (3) Article 5
(commencing with Section 708.410) (lien in pending action or
proceeding).
   (b) The earnings of a public officer or employee shall not be
withheld pursuant to this article. Except as expressly provided by
law, the earnings of a public officer or employee may be withheld for
the payment of a money judgment only pursuant to Chapter 5
(commencing with Section 706.010).
   (c) If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special
proceeding, the procedure in this article does not apply. The payment
of the obligation that is the subject of the pending action or
special proceeding may be applied to the satisfaction of the money
judgment against the judgment debtor only in the manner provided in
Article 5 (commencing with Section 708.410).



708.730.  (a) If money is owing and unpaid to the judgment debtor by
a public entity, the judgment creditor may file, in the manner
provided in this article, an abstract of the money judgment or a
certified copy of the money judgment, together with an affidavit that
states that the judgment creditor desires the relief provided by
this article and states the exact amount then required to satisfy the
judgment. The judgment creditor may state in the affidavit any fact
tending to establish the identity of the judgment debtor.
   (b) Promptly after filing the abstract or certified copy of the
judgment and the affidavit with the public entity, the judgment
creditor shall serve notice of the filing on the judgment debtor.
Service shall be made personally or by mail.
   (c) If the judgment is for support and related costs and money is
owing and unpaid to the judgment debtor by a state agency, including,
but not limited to, money owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code or as a result of the
judgment debtor's winnings in the California State Lottery, and the
local child support agency is enforcing the support obligation
pursuant to Section 17400 of the Family Code, the claim may be
submitted as follows: The local child support agency may file the
affidavit referred to in subdivision (a) without filing an abstract
or certified copy of the judgment. In lieu thereof, the affidavit
shall also state that an abstract of the judgment could be obtained.
Where there is more than one judgment debtor, the local child support
agency may include all the judgment debtors in a single affidavit.
Separate affidavits need not be submitted for each judgment debtor.
The affidavit need not on its face separately identify each judgment
debtor or the exact amount required to satisfy the judgment, so long
as it incorporates by reference forms or other automated data
transmittals, as required by the Department of Child Support
Services, which contain this information. Affidavits submitted
pursuant to this subdivision by the local child support agency shall
meet the standards and procedures prescribed by the state agency to
which the affidavit is submitted, except that those affidavits
submitted with respect to moneys owed and unpaid to the judgment
debtor as a result of a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, shall meet the standards
and procedures prescribed by the Franchise Tax Board.
   In serving the notice required by subdivision (b), the Director of
the Department of Child Support Services or his or her designee may
act in lieu of the judgment creditor as to judgments enforced under
this division.
   (d) If the judgment is for child, spousal, or family support and
related costs and money is owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, or as a result of the
judgment debtor's winnings in the California State Lottery, the
judgment creditor may file with the court an abstract or a certified
copy of the judgment ordering the payment of child, spousal, or
family support, together with a request that the court issue a Notice
of Support Arrearage, as provided in Section 708.780, to which any
personal income tax refunds and lottery winnings owed the judgment
debtor by the State of California will be subject. The request shall
be accompanied by an affidavit, signed under penalty of perjury,
which shall state that the judgment creditor desires the relief
provided by this subdivision and shall state the exact amount then
required to satisfy the judgment. In addition, the affidavit shall
specify the beginning and ending dates of all periods during which
the arrearage for support occurred, specify the arrearage for each
month, and state that the support is at least 90 days overdue or is
overdue in an amount equal to 90 days of support. It shall also
certify that the child or children are not recipients, and during the
period for which payment is requested, were not recipients, of Aid
to Families with Dependent Children and there was no assignment to a
state or county agency of support and shall certify on information
and belief that there is not current or past action by a district
attorney pending for support or support enforcement on the judgment
creditor's behalf.
   The request shall have attached a proof of service showing that
copies of the request, the affidavit, and the abstract or certified
copy of the judgment ordering the payment of support have been served
on the judgment debtor and the district attorney of the county in
which the support judgment is entered. Service shall be by certified
mail, postage prepaid, return receipt requested, to the last known
address of the party to be served, or by personal service.
   This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the action
for support or if support is required to be paid through a district
attorney's office.
   The Department of Child Support Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2000.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2000.
   (e) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.740.  (a) Except as provided in subdivision (e), if money is
owing and unpaid to the judgment debtor by a state agency, the
judgment creditor shall file the abstract or certified copy of the
judgment and the affidavit with the state agency owing the money to
the judgment debtor prior to the time the state agency presents the
claim of the judgment debtor to the Controller. Where the affidavit
is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no
abstract need be filed. Filing of the affidavit with the department
shall be sufficient to require the Controller to transfer the funds
claimed by the judgment debtor, notwithstanding that the claim of the
judgment debtor has been filed with another state agency.
   (b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
   (1) Note the fact of the filing of the abstract or certified copy
of the judgment and the affidavit.
   (2) State the amount required to satisfy the judgment as shown by
the affidavit.
   (3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or
for any other purpose.
   (c) Except as provided in subdivisions (d) and (e), to discharge
the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the
amount due the judgment debtor (after deducting an amount sufficient
to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to
satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
   (d) Where an affidavit stating the existence of a judgment for
support has been submitted to the Department of Child Support
Services, pursuant to subdivision (c) of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall direct
payment to the county agency designated by the local child support
agency in his or her affidavit.
   (e) Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment under
Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, and the support obligation is not being enforced
pursuant to Section 17400 of the Family Code, the judgment creditor
may file the abstract or certified copy of the judgment with the
local child support agency of the county in which the support
judgment is entered or registered. The local child support agency
shall then file the claim of the judgment creditor pursuant to
subdivision (c) of Section 708.730. When funds are received by the
local child support agency, it shall discharge any claim of the
judgment debtor by forwarding those sums to the clerk of the court
pursuant to subdivision (c) of this section. Any and all notices
otherwise required of a judgment creditor or the clerk of the court,
and any litigation to enforce rights under this subdivision shall be
the responsibility of the judgment creditor, the same as if service
had been directly on the Controller without the intervention of the
local child support agency.
   (f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an
affidavit filed pursuant to subdivision (c) of Section 708.730, the
Controller may disregard the claim of the judgment creditor and
forward any and all sums due to the judgment debtor. In the event
that there is more than one claimant for a refund, the Franchise Tax
Board shall have discretion in allocating the overpayment among
claimants.
   (g) Should two or more local child support agencies submit claims
on behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall honor.
   (h) Any claims which are honored in behalf of a judgment creditor
shall be considered as refunds of tax overpayments to the judgment
debtor.
   (i) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.750.  If money is owing and unpaid to the judgment debtor by a
public entity other than a state agency, the judgment creditor shall
file the abstract or certified copy of the judgment and the affidavit
with the auditor of the public entity or, if there is no auditor,
with the official whose duty corresponds to that of auditor. To
discharge the claim of the judgment debtor, the auditor or other
official shall (1) deposit with the court by a warrant or check
payable to the court, the amount due the judgment debtor (after
deducting an amount sufficient to reimburse the public entity for any
amounts advanced to the judgment debtor or owed by the judgment
debtor to the public entity) required to satisfy the money judgment
as shown by the affidavit in full or to the greatest extent and (2)
pay the balance thereof, if any, to the judgment debtor.



708.755.  (a) Upon compliance with this section, the lien of a
judgment creditor pursuant to this article is created against a
lottery prize to be paid in annual installments and shall continue in
force and effect until the judgment is paid or expires, whichever
occurs first. For the lien to continue in effect, the judgment
creditor shall do all of the following:
   (1) Commencing with the second installment against which the
judgment lien creditor asserts its lien, annually file with the
lottery an affidavit stating that the judgment has not been satisfied
and the amount of the remaining unsatisfied judgment, including
interest and costs, if any. This affidavit shall be filed with the
lottery not less than 45 days, nor more than 90 days, before the
annual payment due date on the prize that is the subject of the
judgment lien.
   (2) If the judgment lien is renewed, file with the lottery a
certified copy of the renewal application, as authorized in this code
not less than 45 days, nor more than 90 days, before the annual
payment due date on the prize that is the subject of the judgment
lien, in order for the judgment lien to be effective in continuing
the existing judgment lien against the annual lottery prize payments.
   (b) If the judgment lien creditor fails to file the annual
statement, renewal of judgment, or renewal of abstract, the lien
shall expire. Expiration of a lien for failure to comply with this
section shall not preclude the judgment creditor from commencing a
new procedure under this article to enforce the judgment, to the
extent that the judgment otherwise continues to be enforceable under
applicable law.


708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 3181 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with the provisions of Chapter 4 (commencing with
Section 3179) of Title 15 of Part 4 of Division 3 of the Civil Code
shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 3181 of the Civil Code.



708.760.  (a) If the judgment debtor named in the abstract or
certified copy of the judgment filed pursuant to this article is a
contractor upon a public work, the cost of which is to be paid out of
public moneys voted, appropriated, or otherwise set apart for such
purpose, only so much of the contract price shall be deemed owing and
unpaid within the meaning of Section 708.740 or 708.750 as may
remain payable under the terms of the contractor's contract, upon the
completion thereof, after deducting sums due and to become due to
persons described in Section 9100 of the Civil Code. In ascertaining
the sums due or to become due to such persons, only claims which are
filed against the moneys due or to become due to the judgment debtor
in accordance with Chapter 4 (commencing with Section 9350) of Title
3 of Part 6 of Division 4 of the Civil Code shall be considered.
   (b) The Controller, auditor, or other public disbursing officer
whose duty it is to make payments under the provisions of the
contract may not deposit an amount with the court pursuant to this
article until the contract is completed, but may deposit an amount
with the court to satisfy the claim of the judgment debtor before the
payments specified in subdivision (a) are made so long as a
sufficient amount is retained for the satisfaction of the claims of
persons described in Section 9100 of the Civil Code.



708.770.  (a) Except as provided in subdivision (g), promptly after
deposit with the court by the public entity, the court clerk shall
cause a notice of deposit to be served on the judgment debtor.
Service shall be made personally or by mail.
   (b) Within 10 days after service of the notice of deposit pursuant
to subdivision (a), the judgment debtor who claims an exemption
shall do both of the following:
   (1) File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption. The claim of
exemption shall include all of the matters set forth in subdivision
(b) of Section 703.520.
   (2) Serve on the judgment creditor a copy of the notice of motion,
a copy of the claim of exemption, and a notice of hearing on the
motion. Service shall be made personally or by mail.
   (c) The hearing on the motion shall be held not later than 30 days
from the date the notice of motion was filed with the court unless
continued by the court for good cause.
   (d) Within 10 days after the judgment creditor is served under
subdivision (b), the judgment creditor who opposes the motion shall
do both of the following:
   (1) File with the court a notice of opposition to the claim of
exemption. The notice of opposition to the claim of exemption shall
be executed under oath and shall include all of the matters set forth
in Section 703.560.
   (2) Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption. Service shall be made
personally or by mail.
   (e) Subdivisions (a) to (d), inclusive, of Section 703.580 and
Sections 703.590 and 703.600 apply to a claim of exemption made
pursuant to this section.
   (f) The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the exemption.
   (g) In lieu of service of the notice of deposit described herein,
where a state agency has been served with an affidavit pursuant to
subdivision (c) of Section 708.730 and has presented the claim of the
judgment creditor to the Controller pursuant to subdivision (a) of
Section 708.740, the state agency shall cause a notice of deposit to
be sent to the judgment debtor instructing the judgment debtor to
file any and all requests for relief with the district attorney who
filed the affidavit, or the court clerk if the seizure arises under
subdivision (e) of Section 708.740. Except in those cases arising
under subdivision (e) of Section 708.740, the judgment debtor shall
file the request for relief with the district attorney within 15 days
after service of notice from the public agency, or the judgment
debtor shall be deemed to have waived any claim he or she might
otherwise have. If the matter cannot be resolved with the district
attorney, the district attorney shall so advise the judgment debtor
and the judgment debtor shall then be authorized to commence
proceedings under this section or any other appropriate provision of
law. The notice from the district attorney shall for any limitation
have the same effect as a notice of deposit under subdivision (a).
Service of any notice or request under this subdivision shall be made
personally or by mail.
   Claims arising from the filing of an abstract or certified copy of
a judgment, under subdivision (e) of Section 708.740 shall be
governed by the procedure and limitations set forth in subdivisions
(a) through (f).



708.775.  After the expiration of the period allowed for claiming an
exemption under Section 708.770 if no exemption has been claimed, or
after the determination of the claim of exemption if an exemption is
claimed within the period allowed for claiming the exemption under
Section 708.770, the court shall pay the nonexempt portion of the
money deposited to which the judgment creditor is entitled to the
judgment creditor and the balance thereof, if any, to the judgment
debtor, unless some other disposition is required by law.



708.780.  (a) Filing of the abstract or certified copy of the
judgment and the affidavit pursuant to this article creates a lien on
the money owing and unpaid to the judgment debtor by the public
entity in an amount equal to that which may properly be applied to
the satisfaction of the money judgment under this article.
   (b) When an affidavit is filed pursuant to subdivision (c) of
Section 708.730, it shall apply to all claims for refund from the
Franchise Tax Board under the Personal Income Tax Law, Part 10
(commencing with Section 17001) of Division 2 of the Revenue and
Taxation Code, or the Bank and Corporation Tax Law, Part 11
(commencing with Section 23001) of Division 2 of the Revenue and
Taxation Code, which the judgment debtor subsequently claims during a
period one year after filing of the affidavit, or October 1 of the
year following the filing of the affidavit, whichever occurs later,
the same as if claims for these overpayments were filed by the
judgment debtor with the appropriate state agency on the date the
affidavit was filed.
   (c) When a request is filed pursuant to subdivision (d) of Section
708.730 with the court, the clerk of the court shall issue a Notice
of Support Arrearage. The clerk of the court shall issue the notice
30 days after the request was filed pursuant to subdivision (d) of
Section 708.730 without a hearing if no objection has been raised by
the judgment debtor pursuant to this subdivision. If an objection has
been raised, the notice shall not be ordered until after a hearing.
The notice shall contain the name of the person ordered to pay
support and his or her social security number; the amount of the
arrearage determined by the court; whether the arrearage is for
child, spousal, or family support and the specific combination
thereof; a statement of how the recipient may challenge the statement
of arrearage; and the name, address, and social security number of
the person to whom the arrearage is owed. Upon the clerk of the court
issuing the Notice of Support Arrearage, a copy of the request, the
affidavit, and the notice shall be served by the party who requested
the court to issue the Notice of Support Arrearage upon the person
ordered to pay support and the Controller. Service may be personal,
in accordance with Section 1011, or by mail, in accordance with
Section 1013. Service upon the Controller shall be at the Controller'
s office in Sacramento.
   The judgment debtor may object to the request or affidavit upon
any of the following grounds: (1) there is an error in the amount of
the arrearage stated in the affidavit; (2) the alleged judgment
debtor is not the judgment debtor from whom the support is due; (3)
the amount to be intercepted exceeds that allowable under federal
law; (4) a default in payment of the support for 30 days has not
occurred; or (5) other necessary factual allegations contained in the
affidavit are erroneous.
   Upon receipt of the Notice of Support Arrearage, the Controller
shall take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the
judgment debtor and deposit with the court a warrant, subject to
Sections 708.770 and 708.775, with service of a copy of the warrant
upon the local child support agency of the county in which the
support judgment is entered, payable to the court, the amount due the
judgment creditor (after deducting an amount sufficient to reimburse
the state for any amounts advanced to the judgment debtor or owed by
the judgment debtor to the state) required to satisfy the money
judgment as shown by the affidavit in full or to the greatest extent,
and pay the balance thereof, if any, to the judgment debtor. At any
hearing pursuant to Section 708.770, the judgment debtor may
challenge the distribution of these funds on exemption or other
grounds, including, but not limited to, an allegation that the
judgment has been satisfied or that service was improper. The notice
shall not apply to any money which is exempt by law from execution.
The Controller shall determine the cost of enforcing the notice and
may establish a notice filing fee not to exceed five dollars ($5).
   Service of the Notice of Support Arrearage and of the request and
affidavit pursuant to this subdivision creates a lien on the money
owing and unpaid to the judgment debtor which shall become effective
30 days following service upon the Controller. This notice shall
remain in effect for four years from the date of its issuance or
until the arrearage for which the notice was issued is satisfied,
whichever occurs first.
   Any person who files a request with the court to issue a Notice of
Support Arrearage pursuant to subdivision (d) of Section 708.730
shall notify the court and the Controller of any satisfaction of the
arrearage after the Notice of Support Arrearage has been issued by
the clerk of the court. The notice to the court and the Controller
shall be filed with the court and the Controller and served upon the
local child support agency of the county in which the support
judgment is entered within 30 days of the satisfaction or discharge
and shall show a partial or full satisfaction of the arrearage or any
other resolution of the arrearage.
   Upon filing and service, the Notice of Support Arrearage shall be
of no force and effect.
   The State Department of Social Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2001.
   This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2001.
   (d) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.



708.785.  (a) The judgment creditor upon filing the abstract or
certified copy of the judgment and the affidavit shall pay a fee of
six dollars ($6) to the public entity with which it is filed.
   (b) Fees received by the state under this section shall be
deposited to the credit of the fund from which payments were, or
would be, made on account of collection under this article.



708.790.  No public officer or employee is liable for failure to
perform a duty imposed by this article unless sufficient information
is furnished by the abstract or certified copy of the judgment
together with the affidavit to enable the officer or employee in the
exercise of reasonable diligence to ascertain the identity of the
judgment debtor therefrom and from the papers and records on file in
the office in which the officer or employee works. The word "office"
as used in this section does not include any branch or subordinate
office located in a different city.



708.795.  Except as to sums due and unpaid under a judgment for
support, nothing in this article authorizes the filing against an
overpayment of tax, penalty, or interest, or interest allowable with
respect to an overpayment, under Part 10 (commencing with Section
17001), or Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code or under Division 6 (commencing with
Section 13000) of the Unemployment Insurance Code.