Assembly Member Bauer-Kahan's civil judgment enforcement legislation modifies California's procedures for wage garnishments, property levies, and judgment liens while establishing new protocols for lien reinstatement. The bill extends the timeline for judgment creditors to file address verification declarations from 5 to 10 business days and permits these declarations to be signed by custodians of records or attorneys with direct knowledge of the verification process.
For personal debt cases, the legislation allows judgment debtors to file exemption claims beyond the standard 20-day period after receiving a levy notice, though levying officers retain authority to release funds to creditors after this window closes. The bill eliminates the requirement for judgment creditors to serve earnings withholding orders directly on employee debtors, maintaining only the employer service requirement. Employers must now document additional details in their returns, including the date and manner of providing withholding notices to employees.
Two new sections, effective July 1, 2026, create procedures for judgment creditors to reinstate released liens on real and personal property. Creditors may apply to restore a lien's original priority upon demonstrating the release was based on reasonable belief of judgment satisfaction. The process requires detailed declarations about the original judgment, released liens, and returned funds or property. Judgment debtors may contest reinstatement by filing objections, triggering a requirement for noticed motions. The bill establishes civil penalties up to $1,500 for knowingly false declarations in reinstatement applications.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Committee Member | Not Contacted |
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Assembly Member Bauer-Kahan's civil judgment enforcement legislation modifies California's procedures for wage garnishments, property levies, and judgment liens while establishing new protocols for lien reinstatement. The bill extends the timeline for judgment creditors to file address verification declarations from 5 to 10 business days and permits these declarations to be signed by custodians of records or attorneys with direct knowledge of the verification process.
For personal debt cases, the legislation allows judgment debtors to file exemption claims beyond the standard 20-day period after receiving a levy notice, though levying officers retain authority to release funds to creditors after this window closes. The bill eliminates the requirement for judgment creditors to serve earnings withholding orders directly on employee debtors, maintaining only the employer service requirement. Employers must now document additional details in their returns, including the date and manner of providing withholding notices to employees.
Two new sections, effective July 1, 2026, create procedures for judgment creditors to reinstate released liens on real and personal property. Creditors may apply to restore a lien's original priority upon demonstrating the release was based on reasonable belief of judgment satisfaction. The process requires detailed declarations about the original judgment, released liens, and returned funds or property. Judgment debtors may contest reinstatement by filing objections, triggering a requirement for noticed motions. The bill establishes civil penalties up to $1,500 for knowingly false declarations in reinstatement applications.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
77 | 0 | 2 | 79 | PASS |
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Roger NielloR Senator | Committee Member | Not Contacted | |
![]() Benjamin AllenD Senator | Committee Member | Not Contacted | |
![]() Eloise ReyesD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Committee Member | Not Contacted |