Bill Text: CA AB2463 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enforcement of money judgments: execution: homestead.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-28 - Chaptered by Secretary of State - Chapter 218, Statutes of 2020. [AB2463 Detail]
Download: California-2019-AB2463-Introduced.html
Bill Title: Enforcement of money judgments: execution: homestead.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-28 - Chaptered by Secretary of State - Chapter 218, Statutes of 2020. [AB2463 Detail]
Download: California-2019-AB2463-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2463
Introduced by Assembly Member Wicks |
February 19, 2020 |
An act to add Sections 699.730 and 699.740 to the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 2463, as introduced, Wicks.
Enforcement of money judgments: execution: homestead.
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 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.
This bill would prohibit a sale under execution of a judgment lien of a judgment debtor’s principal place of residence if the underlying judgment is based on an unsecured consumer debt, as defined. The bill would also prohibit the sale under execution of a lien of principal place of residence
of a person 70 years of age or older, or that person’s unremarried spouse, if the lien arises out of a debt for nonpayment of a tax, for so long as the principal place of residence has the character of a homestead, as defined.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 699.730 is added to the Code of Civil Procedure, to read:699.730.
(a) Notwithstanding any other law, the principal place of residence of a judgment debtor is not subject to sale under execution of a judgment lien when the underlying judgment is based on an unsecured consumer debt.(b) “Unsecured consumer debt” means any obligation or alleged obligation of a natural person to pay money arising out of a transaction in which the money, property, or services which are the subject of the transaction are primarily for personal, family or household purposes. An “unsecured consumer debt” does not include obligation arising out of the nonpayment of a tax, a purchase money mortgage, or a home improvement loan.