Code Civ. Proc., § 704.750 · Article 4. Homestead Exemption
Code Civ. Proc., § 704.750
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.
(b) If the dwelling is located in a county other than the county where the judgment was entered:
(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.
(2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment.
(3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
Notes and commentary — not statutory text
History
Amended by Stats. 2005, Ch. 75, Sec. 37. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=704.750.
- Text hash
- sha256 0327aeabee88f9deb986fa609a186df205b1e124bf2257028605b1772488b685
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Code Civ. Proc., § 704.750. Each shows the citation as that text prints it.
Government Code
- Gov. Code, § 68085Printed as Sections 116.390, 116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160, 724.100, 1134, 1161.2, and 1218 of the Code of Civil Procedure
- Gov. Code, § 68085.5Printed as Sections 116.390, 116.570, 116.760, 116.860, 491.150, 704.750, 708.160, 724.100, 1134, and 1161.2 of the Code of Civil Procedure
- Gov. Code, § 70611Printed as Section 491.150, 704.750, or 708.160 of the Code of Civil Procedure
- Gov. Code, § 70613Printed as Section 491.150, 704.750, or 708.160 of the Code of Civil Procedure
- Gov. Code, § 70617Printed as Section 704.750 of the Code of Civil Procedure
- Gov. Code, § 70626Printed as Section 704.750 or 708.160 of the Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.