California Code of Civil Procedure 701.020 – (a) If a third person is required by this article to deliver …
(a) If a third person is required by this article to deliver property to the levying officer or to make payments to the levying officer and the third person fails or refuses without good cause to do so, the third person is liable to the judgment creditor for whichever of the following is the lesser amount:
(1) The value of the judgment debtor‘s interest in the property or the amount of the payments required to be made.
Terms Used In California Code of Civil Procedure 701.020
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(2) The amount required to satisfy the judgment pursuant to which the levy is made.
(b) The third person’s liability continues until the earliest of the following times:
(1) The time when the property levied upon is delivered to the levying officer or the payments are made to the levying officer.
(2) The time when the property levied upon is released pursuant to Section 699. 060.
(3) The time when the judgment is satisfied or discharged.
(c) If the third person’s liability is established, the court that determines the liability may, in its discretion, require the third person to pay the costs and reasonable attorney’s fees incurred by the judgment creditor in establishing the liability.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)