Local government: fees and judgments.

(1) Existing law, in the case of a writ issued to enforce a judgment, requires a levying officer to, among other things, compute and collect the amount of additional interest accrued on the principal amount of the judgment remaining unsatisfied from the date of issuance of the writ until the date interest ceases to accrue. Existing law permits the levying officer to adjust the amount of daily interest to reflect partial satisfaction, if the amounts collected periodically do not fully satisfy the money judgment. This bill would instead require the levying officer to make that adjustment. (2) Existing law requires a levying officer to distribute the proceeds or collection of a money judgment by a writ of execution in order of priority, including to the judgment creditor to (A) satisfy costs and interest accruing after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the amount due on the judgment with costs and interest, as entered on the writ. This bill would specify that the proceeds or collection of a money judgment to a judgment creditor be distributed in that order. The bill would also specify that a distribution to the judgment creditor (A) satisfy any costs and interest accruing on the judgment after issuance of the writ pursuant to which the sale or collection is conducted, and (B) satisfy the principal amount due on the judgment with costs and interest, as entered on the writ. (3) Existing law requires the levying officer to promptly distribute the proceeds of a sale or collection to the entitled parties, and authorizes the levying officer, if the proceeds are not to be received in one payment, to accumulate proceeds received during a 30-day period and make payment of those proceeds to the entitled parties within 20 days of the end of the 30-day period. This bill would require the levying officer, if proceeds are not received in one payment, to make payment of those proceeds to the entitled parties within 10 days of the end of the 30-day period. (4) Existing law authorizes a person entitled to money held by a sheriff to make a demand for that money, and if the sheriff neglects or refuses to pay over to that person the amount owed, the person is authorized to recover the amount owed, 25% damages, and interest at a rate of 10% per month from the time of a demand. These provisions apply to a levying officer if the levying officer fails to pay the proceeds or deposit them with the court, as specified, a person entitled to any of the proceeds has filed a written demand for payment with the levying officer, and the levying officer has failed, within 10 days after the demand is filed, to pay the person that filed the demand the proceeds to which the person is entitled. The bill would authorize a judgment creditor to file an ex parte application for an order directing the levying officer to show cause why relief should not be granted pursuant to those provisions, as specified. The bill would also authorize a person to make a demand for proceeds to the levying officer in person or by certified mail. This bill would also authorize a person who has made a demand for payment to the sheriff, if the sheriff has neglected or refused to pay over to that person the amount owed, to receive costs, including reasonable attorney's fees. (5) Existing law bars a suit for money or damages against a local public entity on a cause of action for which a claim is required to be presented, until a written claim for it has been presented to the public entity and acted upon by the governing body of the local public entity, or has been deemed to have been rejected, except as specified. This bill would exempt claims for the recovery of money from a levying officer pursuant to a money judgment, under specified circumstances from these provisions. (6) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would, as of January 1, 2011, revise and increase these fees, as specified. (7) Existing law prescribes a processing fee of $10 to be assessed for each disbursement of money collected pursuant to specified writs, and further requires that the proceeds of these fees be deposited in a special fund in the county treasury for vehicle fleet replacement and equipment, maintenance, and computer automation for sheriff court services and civil process operations. This bill would increase that processing fee to $12.