“Whether the law should be revised that relates to creditors’ remedies, including, but not limited to, attachment, garnishment, execution, repossession of property”
Sacramento, CA – 8 February 2021 – On February 8th, California State Assemblyman Ed Chau introduced Assembly Concurrent Resolution (ACR) 24. This resolution sets forth a series of thirteen laws which they intend to review for possible revision. First on the list; creditors remedies, and specifically includes self-help repossession.
In the commission’s last annual report covering its activities for 2019 and 2020, it recommended the continued study of 13 topics, all of which the Legislature had previously authorized or directed the commission to study, and the addition of one new topic of study;
Resolved, by the Assembly of the State of California, the Senate thereof concurred, that the Legislature approved for continued study by the California Law Revision Commission the topics listed below, all of which the Legislature has previously authorized or directed the commission to study:
- Whether the law should be revised that relates to creditors’ remedies, including, but not limited to, attachment, garnishment, execution, repossession of property (including the claim and delivery statute, self-help repossession of property, and the Commercial Code provisions on repossession of property), confession of judgment procedures, default judgment procedures, enforcement of judgments, the right of redemption, procedures under private power of sale in a trust deed or mortgage, possessory and nonpossessory liens, insolvency, and related matters.
This resolution has been moved to the Fiscal Committee where it shall be taken under review. The resolution does not specify a specific date on which its findings or suggested revisions shall be released.
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