California Code of Civil Procedure

§ 708.740

CCP § 708.740 Effective Sep 28, 2000Div. 2 · Title 9 · Part 2 · Ch. 6 · Art. 8

Statute text

(a)Except as provided in subdivision (e), if money is owing and unpaid to the judgment debtor by a state agency, the judgment creditor shall file the abstract or certified copy of the judgment and the affidavit with the state agency owing the money to the judgment debtor prior to the time the state agency presents the claim of the judgment debtor to the Controller. Where the affidavit is prepared under subdivision (c) of Section 708.730, the affidavit shall be filed with the Department of Child Support Services, and no abstract need be filed. Filing of the affidavit with the department shall be sufficient to require the Controller to transfer the funds claimed by the judgment debtor, notwithstanding that the claim of the judgment debtor has been filed with another state agency.

(b)When presenting the claim of the judgment debtor to the Controller, the state agency shall do all of the following:

(1)Note the fact of the filing of the abstract or certified copy of the judgment and the affidavit.

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Legislative history

Amended by Stats. 2000, Ch. 808, Sec. 19. Effective September 28, 2000.