Donald Wagner
- Republican
Author
Existing law establishes procedures for service of various legal processes on financial institutions, and procedures for attachment and execution of levies served on financial institutions. Existing law requires service in connection with a levy to be made upon the branch or at the office that has actual possession of the property levied upon, or where the deposit account levied upon is carried, as specified. This bill would instead require a financial institution that has more than 9 branch offices in California to designate one or more central locations for service of legal process within the state, and would authorize a financial institution with fewer than 9 branch offices in California to do the same. The bill would establish procedures for service of process and execution of levies at a financial institution's central locations and other branches. The bill would require financial institutions designating central locations to file a notice of the designation with the Department of Financial Institutions. The bill would require the department to update its online records to reflect the designation, and would require the department to provide a copy of the current notice to any person upon request, as specified. The bill would establish procedures for a judgment creditor to engage in a levy action against a specific deposit account or safe deposit box at a financial institution, including by filing a written request with the financial institution for enforcement against the account or safe deposit box. The bill would require the request to contain specified information. The bill would require a levying officer to give at least 3 days' notice to the judgment creditor regarding opening and seizing the contents of a safe deposit box pursuant to these provisions, as specified. The bill would make additional conforming changes.
Chaptered by Secretary of State - Chapter 484, Statutes of 2012.
Approved by the Governor.
Enrolled and presented to the Governor at 2:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6514.).
Assembly Rule 77 suspended. (Page 6488.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4871.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Ordered to third reading.
From consent calendar.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 6).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 5034.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (May 16).
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 24).
Read first time.
From printer. May be heard in committee March 27.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2364 | HTML |
| 02/24/12 - Introduced | |
| 04/30/12 - Amended Assembly | |
| 08/06/12 - Amended Senate | |
| 08/21/12 - Amended Senate | |
| 09/11/12 - Enrolled | |
| 09/23/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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