Judgment liens: priority.
Summary
Existing law provides that a judgment lien on personal property is a lien on all interests in specified personal property, including accounts receivable, chattel paper, equipment, farm products, inventory, and negotiable documents of title, that are subject to enforcement of a money judgment against the judgment debtor at the time the lien is created if a security interest in the property could be perfected by filing a financing statement at that time with the Secretary of State, as specified. This bill would provide, with respect to those judgment liens on specified personal property, that the judgment debtor or subject property must be located in this state. This bill would also remove the requirement that a security interest in the property could be perfected at the time the lien is created. The bill would exclude from the operation of these provisions personal property that is as-extracted collateral, as defined, and timber to be cut. Existing law provides that priority between a judgment lien on personal property and a conflicting security interest in the same personal property shall be determined according to priority in time of filing or perfection. This bill would make agricultural liens on personal property also subject to this provision in determining priority of conflicting interests, except as provided. Existing law provides that, in order to levy an execution lien or attachment lien upon a deposit account, the levying officer shall personally serve a copy of the writ and a notice of levy on the financial institution with which the deposit account is maintained, or shall personally serve the writ and notice of levy to a centralized location within the county as designated by the financial institution. This bill would instead provide that the levying officer shall personally serve the writ and notice of levy to a centralized location within the state as designated by the financial institution. The bill would make other technical and nonsubstantive changes.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2009
Committee Review
Jun 2009
Assembly Passage
May 2009
Senate Passage
Jun 2009
Signed into Law
Aug 2009
Introduced Mar 9, 2009
Signed Aug 6, 2009
Floor votes · Senate Jun 22, 2009 · Assembly May 11, 2009
How they voted
39–0
Passed
Total votes 39
Jun 22, 2009
D
Democratic25
100% Yea
R
Republican14
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
7
Committee
7
Amendments
1
Aug 5, 2009
Signed into law
Approved by the Governor.
legislature
Jun 22, 2009
Senate · Passed
Senate Vote: pass (39-0)
senate
Jun 16, 2009
Upper · Passed
From committee: Do pass. To Consent Calendar. (June 16).
upper
May 21, 2009
Committee
Referred to Com. on JUD.
upper
May 11, 2009
Assembly · Passed
Assembly Vote: pass (68-0-2)
assembly
May 5, 2009
Lower · Passed
From committee: Do pass. To Consent Calendar. (May 4).
lower
Apr 21, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on B. & F. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 21).
lower
Apr 15, 2009
Committee
Re-referred to Com. on JUD.
lower
Apr 13, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Apr 2, 2009
Committee
Referred to Coms. on JUD. and B. & F.
lower
Mar 10, 2009
Lower · Passed
From printer. May be heard in committee April 9.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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