-- Last revised 01/08/24 --
Debtor-Creditor Technical Revisions - Study D-1003
This study addresses a number of technical issues identified by the Los Angeles
County Sheriff's Department concerning procedures under the claim and delivery statute
(Code Civ. Proc. § 511.010 et seq.) and the Enforcement of Judgments Law
(Code Civ.Proc. § 680.010 et seq.), both of which were enacted on recommendation of
the Law Revision Commission.
The Commission recommended technical revisions to
address the following issues: (1) determination of the amount of
the defendant's release undertaking in claim and delivery where
the plaintiff has not provided an undertaking, (2) disposition of
exemption claims in enforcement of judgments where hearings are
taken off calendar, (3) clarification of rules concerning stays pending final determination of
exemption claims, and (4) notation of the final day to vacate premises under a writ of
possession. The Commission's recommendation was enacted by the Legislature.
See below.
Related Material
Legislation
-
2002: Senate Bill 1322 (Ackerman) -- Bill information at Legislative Counsel's website
Enacted. 2002 Cal. Stat. ch. 68
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Final Recommendation
- Recommendation -- Debtor-Creditor Law: Technical Revisions (5/18/2001)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Debtor-Creditor Law: Technical Revisions (March 2001)
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Staff Memoranda
- Memo 2001-45 -- Debtor-Creditor Law: Technical Revisions (5/14/2001)
- Memo 2001-28 -- Debtor-Creditor Law: Technical Revisions (Staff Draft Tentative Recommendation) (3/12/2001)
- Memo 2000-10 -- Debtor-Creditor Law: Technical Revisions (6/16/2000)