Some California Judgment Collection Laws You Should Know
California Bank Levy Laws That May Affect Your Judgment Collection
This article points out some judgment-related rules and laws in California. California’s judgment-related laws are most often within the California Code of Civil Procedures, abbreviated as CCPs. In time statutes change, so please validate all laws prior to doing something about it. This is not legal assistance and we are not attorneys, but we could help you protect your judgment collection.
California Judgment Collection Laws
California CCP 685.020: The rate that California judgments accumulate interest: A: Interest accumulates at the rate of 10 percent per year on the primary amount of a money judgment remaining. B: The Legislature reserves the right to change the rate of interest at any time to a rate of less than 10 percent annually, regardless of the date of entry of the judgment or the date any commitment upon which the judgment is based was sustained. A modification in the interest rate can be made relevant just to the interest that accumulates after the operative date of the statute that changes the rate.
California CCP 699.020: At any time after distribution of a writ of execution to a levying officer and prior to its return, an individual indebted to the judgment debtor is able to pay the levying official the amount of the debt or as much as is required to satisfy the judgment. The levying officer shall give a receipt for the quantity paid and such receipt is a release for the amount paid.
California CCP 699.080: Search on the internet for “CCP 699.080″ to see the complete text of this law, or any type of California laws mentioned in this article. This law describes how, after a debtor’s possessions are approved for levy by a Sheriff; a registered process server may serve a writ to levy all sorts of assets, consisting of uncommon scenarios such as removed mineral rights, and regular assets such as private property, realty, bank deposits and the like. This law also specifies waiting durations, how writ of executions are handled, and exactly how notices need to be sent out. Remarkably, in section 4-G, this statute states “A registered process server can levy several times nder the same writ of execution, as long as the writ is still official”. This seems to contradict most California levy situations where one just gets one opportunity, for instance, if a bank levy seizes the debtor’s assets just once, at the minute a levy is served on their bank.
California CCP 699.510: Search on the web for “CCP 699.510″ to see the full text of this statute. In recap, this statute states that writs have to be provided for the certain county where the judgment debtor’s assets are residing. In exceptionally rare situations, where writs of execution from numerous owners are requested from a court at the same time, for the same judgment debtor; writs of execution on household court judgments are offered a higher concern at the court clerk’s office. Writs of execution last for six months, unless made use of to actively levy salaries, in which case they generally last as long as either the debtor’s employment, or the judgment continues to be unsatisfied. Additionally pointed out, are information of writs of execution, affidavits of identity, and penalties for creditors that retain possessions taken from the wrong person.
California CCP 699.520: Use the web to look for “CCP 699.520″ to see the complete text of this statute. In recap, this statute specifies the info that actually needs to be consisted of on writs.
California CCP 699.520: (a) Upon service of the writ of execution to the levying official to whom the writ is directed, together with the written directions from the judgment creditor, the levying agent shall perform the writ in the way recommended by law. (b) The levying agent can not levy upon any home under the writ after the termination of 180 days from the date the writ was ordered.
California CCP 700.010: (a) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the following on the judgment debtor: 1. The writ of execution. 2. A notice of levy. 3. If the judgment debtor is a naturalized person, a copy of the form of listing exemptions prepared by the Judicial Council pursuant to subdivision (c) of Section 681.030 and the listing of exemption quantities released pursuant to subdivision (d) of Section 703.150. 4. Any affidavit of identity, as defined in Section 680.135, for names of the debtor stated on the writ of execution. Service of process under this area shall be made in person or by mail.
California CCP 700.160: Use the web to search for “CCP 700.160″ to see the full text of this law. This law points out the time frame for banks to pay what is owed to the Sheriff, and covers scenarios where a safety-deposit box or bank account is levied in some name other then the debtor, and how fictitious name statements are taken care of. This law only covers cases involving unexpired fictitious business name statements, and does not deal with or mention the usual case of debtors running businesses using expired fictitious business names.
If you’d like to move forward with a judgment collection, we can help with:
- Writ of Executions
- Bank Levies
- Earning Withholdings Orders
- Liens
- Wage Garnishments
- Child Support Orders
New California Assembly Bill 2364 requires your judgment order to be served to a centralized Bank of America location that we deliver to several times a day.
If you’d like your order delivered tomorrow, give JPL Process Service a call today at (866) 754-0520.
California Assembly Bill 2364 Changes Bank Levy Laws
New California Bank Levy Law
With each New Year comes a bumper crop of new laws on the books, numerous of which you’ll never hear about. Our job as licensed Orange County process servers is to keep our customers abreast of any new laws which could influence them, their cases or their sensitive legal papers. The major law concerning our clients this year is California Assembly Bill 2364.
The law, which took effect January 1, 2013, regulates the service of particular legal procedures against deposit accounts, safe deposit boxes and individual homes held by big California monetary establishments. What does this mean for you?
It generally suggests if you require a bank levy, writ of execution, or some various other judgment collection served, it will have to be served to a centralized location marked by Bank of America with the California Department of Financial Institutions. Refraining from doing so will render your service invalid. If you do not live near the centralized Bank of America facility, the only way you can have your notice of levy served is through a certified process server or the regional Sheriff, but the sheriff’s office has major delays and is backed up for in some cases 3 months or even more.
If you attempt to deliver the records to the particular establishment that handles the account in question, your package will be neglected, and possibly even worse, expired. Now that Bank of America has designated its centralized location for the service of civil levies, savings account garnishments, attachments and various other legal procedure, you need to follow the proper protocol to guarantee your judgment collection moves forward and you start obtaining repayments.
For added details relating to the brand new California bank levy laws or if you require a bank levy executed in California, please give JPL Process Service a call at (866) 754-0520. We can provide you with the hours of operation for Bank of America’s centralized facility, give a price and delivery time quote and even answer your concerns to get you headed in the right direction.
Do not let your judgment collection lapse or get sent back to court, costing you extra time, money and energy. L.A. Sheriffs are a minimum of 2 months behind in delivering notices of levy and are hardly friendly about doing this. Our Orange County process servers are fast, friendly and make numerous trips to the centralized Bank of America facility every day.
Give us a call today and we’ll deliver yours, as well!
A Brief History of Process Service
Most people know very little about process serving and why it’s important, but its history goes all the way back to the year 1215. That year, the term “due process” was first used in one of the most famous documents of all time: the Magna Carta. Over the last 800 years, due process has evolved to include what today are known as process servers.
To see this evolution, check out this timeline:
1215 – English barons extracted the principle of due process of law from King John. Clause 39 of the Magna Carta guaranteed that “no free man may be taken or imprisoned, or ousted of his lands, or outlawed, or banished, or hurt in any way; nor will we [the king] go against him, nor send our officers against him, save by lawful judgment of his peers or by the law of the land”. And just like that, due process was born.
1787 – For more than 500 years, there was little change to due process, but on September 17, 1787, the Constitution of the United States of America was completed to be the basis as the “law of the land”. In this perhaps most famous document ever written, the Founding Fathers included the following language: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
1970 – The United States Supreme Court holds that “the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged”, requiring states to carry the ultimate burden of persuasion by proof beyond a reasonable doubt.
1982 – A group of process servers from 11 states met in Las Vegas to form an association for the principal purpose of combating proposed federal legislation that would allow service of a summons and complaint by certified mail. That group, under the leadership of two members of the California Association of Legal Support Professionals, approved the formation of the National Association of Professional Process Servers (NAPPS). All legitimate commercial process servers should be affiliated with this group.
2001 – JPL Process Service is founded, providing services to residents and businesses throughout Southern California, including the following Counties: Los Angeles, Orange, Riverside, San Bernardino, and San Diego. Today, JPL Process Service is also available in Ventura and Santa Barbara Counties.
While the ideals behind due process have changed very little over the last 800 years, the integrity of those doing the serving has. Hundreds of illegitimate process servers join the ranks every year, many of whom have given the industry a bad name.
Before choosing a process service company, do your homework. Make sure they are a member of NAPPS, that they are licensed and bonded and that they stand behind their work.
Advantages of Having a Third-Party Registered Agent For Your Business
Most states, including California, require business entities such as corporations or limited liability companies (LLC) to have registered agents. Registered agents are third-party individuals or businesses who are registered in the same state your business entity was established.
These third-parties are designated to receive service of process notices and other government notifications such as tax forms and notice of lawsuits on your behalf. They must also register with the State of California so it knows there is a contact person for your business within the state at all times.
Note: P.O. Boxes ARE NOT an acceptable address for your registered agent.
So now that you know that you must have a registered agent for your corporation or LLC, let’s go over some reasons why you’d want to have one anyway.
Advantages of Having A Registered Agent
The main advantage of having a registered agent is to ensure that you do not miss any important information regarding tax payments, lawsuits or other judgments involving your business, but there are others, including:
- Your registered agent’s name and address are public record and is listed in all official public documents in place of your business address
- Having a third-party registered agent allows you to travel without risking default judgments against your business due to missed lawsuits
- Having a third-party registered-agent allows you to change your business location at any time without being required to file costly changes of address with the State of California each time your business moves
- Third-party registered agents typically track all filing, notification and publishing requirements of your business, saving you money on labor, software and late penalties
- Third-party registered agents typically have all the necessary forms and documents required for keeping your business in good standing, and provide real-time notice of any litigation directly to you
- Having a third-party registered agent buffers your business from rumors that arise among employees when service of process is delivered directly to your business
Even though it’s legally required for you to have a registered agent for your corporation or LLC, you can see it’s to your advantage to have one anyway. Don’t risk falling out of good standing with the State of California. If you do, penalties may include revocation of your license, fines and an inability to enter into legal contracts or even gain access to the state court systems, and reinstatement proceedings can cost you additional monetary, civil and even criminal penalties.
Don’t gamble with your business. If you have any questions about third-part registered agents or want to retain a registered agent for your corporation or LLC, please give us a call at (866) 754-0520.
How To File An Eviction/Unlawful Detainer In California
As a landlord, you may need to serve an eviction notice from time to time. But unless you want to find yourself on the wrong side of the law, it’s very important that you follow the legal guidelines in your State and/or County for serving an eviction notice and proceeding with a Court filing , otherwise known as a Summons & Complaint For Unlawful Detainer.
To help make this process as easy as possible, we’ve put together this standard how-to guide for California landlords to serve Unlawful Detainers.
Before you can file your Unlawful Detainer with the Court, you must first give the tenant you are seeking to evict written notice of your intention to evict them from your property. This is known as a Notice to Pay Rent or Quit or an eviction notice.
Depending on the terms of your lease, your State’s Codes and Regulations and the violations upon which you are seeking eviction, you will need to properly serve the Tenant with either a Three (3) Day Notice to Pay Rent or Quit or a Thirty (30) day Notice. If your tenant has not paid rent or fixed the violations alleged upon the eviction by the end of the notice period, you can then file a Summons and Complaint for Unlawful Detainer with the proper Court by following the steps below:
Step 1: Locate the proper venue, Court, to file your paperwork. Fill out, sign and date the necessary forms. You will find the forms you’ll need here.
Step 2: Bring your paperwork and go to the Courthouse where you need to file your lawsuit. Each County may require a local form, and if so, the Clerk will supply you with any additional forms necessary. You will need to pay a filing fee. If you cannot pay the Court fee, fill out a Fee Waiver Form and Order and file it along with the other forms.
Step 3: Once your forms are filed, you will need to serve the tenant with a copy of the filed forms. NOTE: It is not legal for you to personally serve the papers, someone other than you needs to serve these papers. This person should take along a Proof of Service form for each tenant being served and have them sign it. The type of service upon the Tenant, whether personal or mailed, will depend on the amount of time in which they have to respond. Unlawful Detainers are a fast tracked legal matter. It is important you either seek the advice of an attorney or research your State and/or County’s Code and Regulations for the amount of time in which Unlawful Detainer Court procedures take place.
Step 4: Depending on your specific situation, there are some other guidelines to follow. You can find out what you’ll need to do next, whether the tenant responds or not here. This may include filing more paperwork to allow you legal entry into the property in question. If the tenant responds by paying their rent or moving, you may not need to take the process any further and can file a Dismissal with the Court. Again, it is a good idea to research the matter or seek an attorney’s advice on your legal options.
Step 5: Whether the tenant does not respond in time or responds and decides to defend the allegations, you will most likely need to file additional forms with the Court and/or attend a Court hearing. The Court will give you notice of any upcoming Court dates and/or advise you of any forms necessary to be filed.
Step 6: If the matter proceeds to a Trial, a Judge or Jury will either decide in your favor or in the tenant’s favor. What you need to do next will depend completely on the judge’s decision at this time.
If the case is found in your favor, you’ve now successfully and legally completed the eviction process and regained all rights to your property.
JPL Process Servers are knowledgeable and experienced in the service of Unlawful Detainer proceedings. If you have any questions about the service of eviction notices, Unlawful Detainers and/or any other legal matters please contact us and we will do whatever we can to make this process easier for you.
