Enforcement of Labor Commissioner Judgments

Part 2, Title 9, Division 1, Chapter 10 of the Code of Civil Procedure deals with the enforcement of judgment by the California Labor Commissioner.

Section 690.020 states that, for the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court.

Section 690.030 provides that, whenever a warrant or notice of levy may properly be issued by the Labor Commissioner, and the warrant may be levied with the same effect as a levy pursuant to a writ of execution, the Labor Commissioner may use any of the remedies available to a judgment creditor. The proper court for the enforcement of the remedies provided under this chapter is the superior court of any of the three specified counties.

Section 690.040 states, whenever the Labor Commissioner levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award, there are two specified actions. In the case of a warrant or notice of levy issued, the claim of exemption or the third-party claim must be filed with the Labor Commissioner.

Section 690.050 provides that, in the case of a writ of execution issued by a court of competent jurisdiction, the Labor Commissioner, when collecting an unsatisfied judgment or award, may perform the duties of the levying officer, except that the Labor Commissioner need not give himself or herself the notices that the levying officer is required to serve on a judgment creditor or the notices that a judgment creditor is required to give to the levying officer.

If the levy is for a deposit, credits, money, or property in the possession or under the control of a bank or savings and loan association or for an account receivable or other general intangible owed to the judgment debtor by an account debtor, the Labor Commissioner may deliver or mail a notice of levy to a centralized location designated by the bank or savings and loan association or, in the case of an account receivable or other general intangible, to the agent for service of process of the account debtor.