Buffy Wicks
- Democratic
- Assemblymember
- District 14
Author
Existing law authorizes a judgment creditor to enforce a money judgment obtained in a civil action by obtaining a writ of execution that allows the creditor to levy on property of the judgment debtor and obtain satisfaction of the judgment by, among other things, a sale of the property. Existing law generally provides that all property of the judgment debtor is subject to execution, with specified exceptions. Existing law authorizes a judgment debtor to protect a specified amount of the judgment debtor's equity in the debtor's principal dwelling by claiming a homestead exemption in that property. Existing law requires a judgment creditor who has levied on a judgment debtor's dwelling to apply to the court for a sale of the dwelling, and specifies the contents of that application. This bill would prohibit a sale under execution of a judgment lien of a judgment debtor's principal place of residence based on a consumer debt unless that debt was secured by that principal place of residence at the time it was incurred. The bill would exempt specified forms of debt from this prohibition, including debts owed to financial institutions, as specified, if the amount of the original judgment on which the lien is based, when entered, and the amount owed on the outstanding judgment at the time of execution on the judgment lien, are greater than $75,000, as adjusted for inflation by the Judicial Council. The bill would require a judgment creditor's application for sale of a dwelling to include a statement that the judgment on which the execution sale is based was secured by the debtor's principal place of residence at the time it was incurred or a statement indicating which exemption is applicable.
Chaptered by Secretary of State - Chapter 218, Statutes of 2020.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 5348.).
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4399.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 13). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and 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 68. Noes 0. Page 4819.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 8. Noes 0.) (May 27).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2463 | HTML |
| 02/19/20 - Introduced | |
| 03/02/20 - Amended Assembly | |
| 05/04/20 - Amended Assembly | |
| 07/28/20 - Amended Senate | |
| 08/05/20 - Amended Senate | |
| 09/01/20 - Enrolled | |
| 09/28/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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