Bob Wieckowski
- Democratic
Author
Existing law authorizes a judgment creditor to levy upon the property of a judgment debtor to satisfy a judgment, and authorizes the judgment debtor to claim that certain property is exempt from the levy by following a specified procedure. Existing law authorizes a claimant to assert an exemption by filing a claim of exemption with the levying officer within 10 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. This bill would authorize a claimant to file a claim of exemption with the levying officer either in person or by mail and would specify that the period for filing the claim is 15 days if the judgment debtor is personally served with a notice of levy on the property claimed to be exempt, and 20 days if the claimant is served with notice by mail. The bill would deem the filing by mail complete on the date the claim is postmarked if the mailing is assigned a tracking number. If the mailing is not assigned a tracking number, the bill would deem the filing by mail complete on the date the claim is received by the levying officer. With certain enumerated exceptions, this bill would exempt from a levy money in a judgment debtor's deposit account in an amount equal to or less than $1,200. The bill would require a levy against a judgment debtor's deposit account to include a description of these requirements. This bill would require the Judicial Council to amend or adopt necessary forms. This bill would also require the Judicial Council to, every 3 years, adjust the amount of the exemption described above based on the change in the annual California Consumer Price Index for All Urban Consumers, as specified, and it would make additional conforming changes. These provisions of the bill would become operative on September 1, 2019.
Motion to reconsider made by Assembly Member Weber.
Read third time. Refused passage. (Ayes 27. Noes 31. Page 7062.)
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 5.) (August 15).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
Read third time and amended.
Ordered to third reading.
Reconsideration granted.
Motion to reconsider made by Assembly Member Weber.
Read third time. Refused passage. (Ayes 28. Noes 29. Page 3563.)
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 6. Noes 3.) (June 27).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 22. Noes 12. Page 1142.) Ordered to the Assembly.
Published May 9 at 9 p.m.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 4. Noes 2. Page 945.) (May 2).
Set for hearing May 2.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 16.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB298 | HTML |
| 02/13/17 - Introduced | |
| 03/22/17 - Amended Senate | |
| 05/09/17 - Amended Senate | |
| 06/29/17 - Amended Assembly | |
| 09/08/17 - Amended Assembly | |
| 06/21/18 - Amended Assembly | |
| 08/06/18 - Amended Assembly | |
| 08/24/18 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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