California Government Code 26746 – (a) In addition to any other fees required by law, a processing …
(a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.
(b) The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.
Terms Used In California Government Code 26746
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- County: includes city and county. See California Government Code 19
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.
(Amended by Stats. 2023, Ch. 29, Sec. 18. (SB 564) Effective January 1, 2024.)