(a) Except as provided in subdivisions (b) and (c), the writ expires and the levying officer to whom the writ of execution is delivered shall return the writ to the court, or store the writ as provided in Section 263.6, and file a return with the court reporting the levying officer’s actions and an accounting of amounts collected, and costs incurred, at the earliest of the following times:
(1) Two years from the date of issuance of the writ, unless paragraph (1) of subdivision (a) of Section 706.022 is applicable.
(2) Promptly after all of the duties under the writ are performed.
(3) When return is requested in writing by the judgment creditor.
(4) If no levy takes place under the writ within 180 days after its issuance, promptly after the expiration of the 180-day period.
(5) Upon expiration of the time for enforcement of the money judgment.
(b) If a levy has been made under Section 700.200 upon an interest in personal property in the estate of a decedent, the writ shall be returned within the time prescribed in Section 700.200.
(c) If a levy has been made under Section 5103 of the Family Code on the judgment debtor’s right to the payment of benefits from an employee pension benefit plan, the writ shall be returned within the time prescribed in that section.
(d) If a levy has been made under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010)), and the earnings withholding order remains in effect, the writ of execution shall be returned as provided in subdivision (a) and a supplemental return shall be made as provided in Section 706.033.
(e) Subject to the limitations in subdivision (c) of Section 263, a levying officer may electronically file with the court the return, containing the information required by subdivision (a), pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1.
(Amended by Stats. 2010, Ch. 680, Sec. 9. (AB 2394) Effective January 1, 2011.)
Last modified: October 25, 2018