Assembly Member Bauer-Kahan’s measure revises California’s civil-enforcement toolkit by adding new mechanisms to reinstate released liens and by updating how debtors’ addresses are verified, the information that accompanies earnings withholdings, and the processing timeline for exemptions. The core changes introduce two new avenues to restore a released judgment lien to its prior priority if the creditor believed the debt had been satisfied, while also expanding the methods and timelines for verifying the judgment debtor’s address before service of process.
Key provisions center on verification, exemptions, and earnings enforcement. Verification of the judgment debtor’s address would rely on either standard mail transmissions that yield verifiable receipts or other verifiable methods, with a declaration documenting verification to be filed within 10 business days after delivering it to the levying officer; the declaration may be signed by a person with knowledge of the process, such as a custodian of records or the creditor’s attorney or staff. The bill would remove the requirement that a creditor serving a levy on earnings must personally serve the earnings withholding order on the judgment debtor employee. It would also authorize, for personal debt, a claimant to file a claim of exemption more than 20 days after notice of levy, with the levying officer empowered to release funds after that 20-day period. Ex parte applications related to exemptions would not constitute a general appearance. The earnings withholdings framework would continue to operate, but with added detail required on the employer’s returns and related notices.
The measure adds two new statutory provisions authorizing reinstatement of liens after release. A judgment creditor may apply for an order reinstating a released real-property lien with the same priority as before release, and the court would grant the application subject to specified conditions. The clerk would record that the judgment is no longer satisfied to the extent of the released funds or property and issue a certificate of reinstatement identifying the original judgment details and recording information. The accompanying declaration must certify information about the original judgment, the lien releases, and any orders to return funds or property; civil penalties up to 1,500 dollars could be imposed for knowingly false information. The creditor may file objections by the judgment debtor, after which a noticed motion would be required to reinstate the lien and its priority if an objection is filed. Similar provisions apply to reinstatement of a lien on personal property, with parallel declaration requirements and a certificate of reinstatement. Both new provisions specify operative dates set for July 1, 2026, and allow recordation to restore the lien’s priority as if the release had not occurred. These sections also address service, the debtor’s opportunity to object, and fee limitations.
![]() Rebecca Bauer-KahanD Assemblymember | Bill Author | Not Contacted |
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Assembly Member Bauer-Kahan’s measure revises California’s civil-enforcement toolkit by adding new mechanisms to reinstate released liens and by updating how debtors’ addresses are verified, the information that accompanies earnings withholdings, and the processing timeline for exemptions. The core changes introduce two new avenues to restore a released judgment lien to its prior priority if the creditor believed the debt had been satisfied, while also expanding the methods and timelines for verifying the judgment debtor’s address before service of process.
Key provisions center on verification, exemptions, and earnings enforcement. Verification of the judgment debtor’s address would rely on either standard mail transmissions that yield verifiable receipts or other verifiable methods, with a declaration documenting verification to be filed within 10 business days after delivering it to the levying officer; the declaration may be signed by a person with knowledge of the process, such as a custodian of records or the creditor’s attorney or staff. The bill would remove the requirement that a creditor serving a levy on earnings must personally serve the earnings withholding order on the judgment debtor employee. It would also authorize, for personal debt, a claimant to file a claim of exemption more than 20 days after notice of levy, with the levying officer empowered to release funds after that 20-day period. Ex parte applications related to exemptions would not constitute a general appearance. The earnings withholdings framework would continue to operate, but with added detail required on the employer’s returns and related notices.
The measure adds two new statutory provisions authorizing reinstatement of liens after release. A judgment creditor may apply for an order reinstating a released real-property lien with the same priority as before release, and the court would grant the application subject to specified conditions. The clerk would record that the judgment is no longer satisfied to the extent of the released funds or property and issue a certificate of reinstatement identifying the original judgment details and recording information. The accompanying declaration must certify information about the original judgment, the lien releases, and any orders to return funds or property; civil penalties up to 1,500 dollars could be imposed for knowingly false information. The creditor may file objections by the judgment debtor, after which a noticed motion would be required to reinstate the lien and its priority if an objection is filed. Similar provisions apply to reinstatement of a lien on personal property, with parallel declaration requirements and a certificate of reinstatement. Both new provisions specify operative dates set for July 1, 2026, and allow recordation to restore the lien’s priority as if the release had not occurred. These sections also address service, the debtor’s opportunity to object, and fee limitations.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
79 | 0 | 1 | 80 | PASS |
![]() Rebecca Bauer-KahanD Assemblymember | Bill Author | Not Contacted |