California Code of Civil Procedure 694.040 – (a) Except as provided in subdivision (c), property levied upon …
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(a) Except as provided in subdivision (c), property levied upon or otherwise subjected to process for enforcement of a money judgment or a judgment for possession or sale of property prior to the operative date is subject to prior law relating to sale or delivery of possession.
(b) The duties to be performed in the execution of a writ or order for the enforcement of a money judgment or a judgment for possession or sale of property that is served prior to the operative date are governed by prior law.
Terms Used In California Code of Civil Procedure 694.040
- Operative date: means July 1, 1983. See California Code of Civil Procedure 694.010
- Prior law: means the applicable law in effect on June 30, 1983. See California Code of Civil Procedure 694.010
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
(c) The manner of payment at a sale of property pursuant to a writ or order after the operative date is governed by Section 701.590.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)