§ 690.040
239 words·~1 min read·
/ca/code-of-civil-procedure/690-040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award:
(1)If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions
(b)and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.
(2)A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions
(b)and
(c)or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.
(b)In the case of a warrant or notice of levy issued pursuant to Section 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner.
(c)A claim of exemption or a third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision
(b)of Section 690.030.