California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 1 — Definitions and General Provisions, Chapter 10 — Enforcement of Judgments by Labor Commissioner, Section 690.040

(a) Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award:

(1) If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.

(2) A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions (b) and (c) or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.

(b) In the case of a warrant or notice of levy issued pursuant to Section 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner.

(c) A claim of exemption or a third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision (b) of Section 690.030.

Notes

Allows a natural-person debtor whose property is levied by the Labor Commissioner to claim judgment-debtor exemptions and allows third persons to assert ownership, possession, security interests, or liens through ordinary execution procedures, subject to stated exceptions. Claims must be filed with the Labor Commissioner and heard in a superior court specified by the referenced venue rule.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 690.040 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-1/chapter-10/section-690-040

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