California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 3 — Execution, Article 5 — Duties and Liabilities of Third Persons After Levy, Section 701.040
(a) Except as otherwise ordered by the court upon a determination that the judgment creditor’s lien has priority over the security interest, if property levied upon is subject to a security interest that attached prior to levy, the property or obligation is subject to enforcement of the security interest without regard to the levy unless the property is in the custody of the levying officer; but, if the execution lien has priority over the security interest, the secured party is liable to the judgment creditor for any proceeds received by the secured party from the property to the extent of the execution lien.
(b) After the security interest is satisfied, the secured party shall deliver any excess property, and pay any excess payments or proceeds of property, remaining in the possession of the secured party to the levying officer for the purposes of the levy, as provided in Section 9615 of the Commercial Code, unless otherwise ordered by the court or directed by the levying officer.
Notes
Allows a security interest attached before levy to be enforced unless the property is in the levying officer’s custody or the court gives the execution lien priority; the secured party owes proceeds up to that lien amount. After satisfaction, excess property, payments, or proceeds go to the levying officer unless the court orders or officer directs otherwise.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 701.040 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-3/article-5/section-701-040