Section 1755 Of Article 3. Notices Of Levy From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 7. >> Article 3.
1755
. (a) If any person or employing unit is delinquent in the
payment of any contributions, penalties, or interest provided for in
this division, the director may, not later than three years after the
payment became delinquent or within 10 years after the last entry of
a judgment under Article 5 (commencing with Section 1815) or within
10 years after the last recording or filing of a notice of state tax
lien under Section 7171 of the Government Code, collect the
delinquency or enforce any liens by levy served either personally or
by first-class mail, to all persons having in their possession or
under their control any credits or personal property belonging to the
delinquent person or employing unit, or owing any debts to the
person or employing unit at the time of the receipt of the notice of
levy or coming into their possession or under their control for the
period of one year from the time of receipt of the notice of levy.
Any person upon whom a levy has been served having in his or her
possession or under his or her control any credits or personal
property belonging to the delinquent person or employing unit or
owing any debts to the person or employing unit at the time of the
receipt of the levy or coming into his or her possession or under his
or her control for the period of one year from the time of receipt
of the notice of levy, shall surrender the credits or personal
property to the director or pay to the director the amount of any
debt owing the delinquent employer within five days of service of the
levy, and shall surrender the credits or personal property, or the
amount of any debt owing to the delinquent employer coming into his
or her possession or under his or her control within one year of
receipt of the notice of levy within five days of the date of coming
into possession or control of the credits or personal property, or
the amount of any debt owing to the delinquent employer is incurred.
Any person in possession of any credits or personal property or owing
any debts to the delinquent person or employing unit who surrenders
the credits or personal property or pays the debts owing the
delinquent person or employing unit shall be discharged from any
obligation or liability to the delinquent person or employing unit
with respect to the credits or personal property surrendered or debts
paid to the director.
(b) (1) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a financial
institution, the notice of levy shall be served on that financial
institution at the same location as legal process is required to be
served pursuant to Section 684.115 of the Code of Civil Procedure,
and the levy will apply to all credits or personal property in the
deposit account only at the time that notice of levy is received by
the financial institution.
(2) For purposes of this section:
(A) "Deposit account" has the same meaning as in paragraph (29) of
subdivision (a) of Section 9102 of the Commercial Code.
(B) "Financial institution" has the same meaning as in Section
481.113 of the Code of Civil Procedure.
(C) "Legal process" has the same meaning as in Section 482.070 of
the Code of Civil Procedure.