Title 9. Enforcement of Judgments · Division 1 · Chapter 10. Enforcement of Judgments by Labor Commissioner · Enacted 2015 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 690.040 gives a debtor levied on under a Labor Commissioner warrant or notice of levy the same exemptions a judgment debtor would have, and gives third parties the same ownership or lien claims, with claims filed directly with the Labor Commissioner and heard in a superior court specified by § 690.030(b).
(a)Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award:
(1)If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.
(2)A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions (b) and (c) or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.
(b)In the case of a warrant or notice of levy issued pursuant to Section 96.8 of the Labor Code, the claim of exemption or the third-party claim shall be filed with the Labor Commissioner.
(c)A claim of exemption or a third-party claim pursuant to this section shall be heard and determined in a superior court specified in subdivision (b) of Section 690.030.
Plain-English Summary
This section extends the same exemption and third-party-claim structure used for state tax and support levies to wage-claim enforcement. When the Labor Commissioner levies on property under a Labor Code § 96.8 warrant or notice of levy to collect an unsatisfied judgment or award, a natural-person debtor gets the same exemptions a judgment debtor would have, claimed under the procedure in Chapter 4 (commencing with § 703.010) of Division 2. A third party claiming ownership, a right to possession, or a security interest or lien in the property can raise that claim under the third-party-claim procedure in Division 4 (commencing with § 720.010).
Both kinds of claims get filed directly with the Labor Commissioner rather than the court, mirroring the routing used in §§ 688.030 and 689.030. The actual hearing, though, takes place in a superior court specified in § 690.030(b) — one of the three counties tied to the employee, the judgment debtor, or the person against whom the levy or warrant issued.
Frequently Asked Questions
Does a debtor get exemption protection when the Labor Commissioner levies on property?
Yes, if the debtor is a natural person, the debtor gets the same exemptions a judgment debtor would have, claimed under § 703.010 and following.
Where is a claim of exemption filed against a Labor Commissioner levy?
With the Labor Commissioner directly, rather than with the court.
Which court hears the claim once it's filed?
A superior court specified in § 690.030(b) — the county where the employee resides, the judgment debtor resides, or the person against whom the levy or warrant issued resides.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:exemption claim labor commissioner levy californiathird party claim wage enforcement