Civil procedure: attachment.
Summary
Existing law establishes procedures for service of various legal processes on financial institutions, and procedures for attachment and execution of levies served on financial institutions. Existing law requires service in connection with a levy to be made upon the branch or at the office that has actual possession of the property levied upon, or where the deposit account levied upon is carried, as specified. This bill would instead require a financial institution that has more than 9 branch offices in California to designate one or more central locations for service of legal process within the state, and would authorize a financial institution with fewer than 9 branch offices in California to do the same. The bill would establish procedures for service of process and execution of levies at a financial institution's central locations and other branches. The bill would require financial institutions designating central locations to file a notice of the designation with the Department of Financial Institutions. The bill would require the department to update its online records to reflect the designation, and would require the department to provide a copy of the current notice to any person upon request, as specified. The bill would establish procedures for a judgment creditor to engage in a levy action against a specific deposit account or safe deposit box at a financial institution, including by filing a written request with the financial institution for enforcement against the account or safe deposit box. The bill would require the request to contain specified information. The bill would require a levying officer to give at least 3 days' notice to the judgment creditor regarding opening and seizing the contents of a safe deposit box pursuant to these provisions, as specified. The bill would make additional conforming changes.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2012
Committee Review
Aug 2012
Assembly Passage
May 2012
Senate Passage
Aug 2012
Signed into Law
Sep 2012
Introduced Feb 24, 2012
Signed Sep 23, 2012
Floor votes · Senate Aug 28, 2012 · Assembly May 29, 2012
How they voted
33–0
Passed · 2 other
Total votes 35
Aug 28, 2012
D
Democratic23
100% Yea
R
Republican12
83% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
9
Committee
8
Amendments
3
Sep 23, 2012
Signed into law
Approved by the Governor.
legislature
Aug 29, 2012
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6514.).
lower
Aug 28, 2012
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Aug 28, 2012
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
lower
Aug 7, 2012
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 6).
upper
Aug 6, 2012
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).
upper
Jun 28, 2012
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on JUD.
upper
Jun 7, 2012
Committee
Referred to Coms. on B. & F.I. and JUD.
upper
May 29, 2012
Assembly · Passed
Assembly Vote: pass (67-0-5)
assembly
May 16, 2012
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 0.) (May 16).
lower
May 1, 2012
Committee
Re-referred to Com. on APPR.
lower
Apr 26, 2012
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 24).
lower
Mar 15, 2012
Committee
Referred to Com. on JUD.
lower
Feb 26, 2012
Lower · Passed
From printer. May be heard in committee March 27.
lower
Feb 24, 2012
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Donald Wagner
RRepublican
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