California Code of Civil Procedure

§ 706.108

CCP § 706.108 Effective Jan 1, 2017Div. 2 · Title 9 · Part 2 · Ch. 5 · Art. 5

Statute text

(a)If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.

(b)If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.

(c)A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:

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Legislative history

Amended by Stats. 2016, Ch. 102, Sec. 3. (AB 2211) Effective January 1, 2017.