2007 California Code of Civil Procedure Article 4. Methods Of Levy

CA Codes (ccp:700.010-700.200)

700.010.  (a) At the time of levy pursuant to this article or
promptly thereafter, the levying officer shall serve a copy of the
following on the judgment debtor:
   (1) The writ of execution.
   (2) A notice of levy.
   (3) If the judgment debtor is a natural person, a copy of the form
listing exemptions prepared by the Judicial Council pursuant to
subdivision (c) of Section 681.030 and the list of exemption amounts
published pursuant to subdivision (d) of Section 703.150.
   (4) Any affidavit of identity, as defined in Section 680.135, for
names of the debtor listed on the writ of execution.
   (b) Service under this section shall be made personally or by
mail.


700.015.  (a) To levy upon real property, the levying officer shall
record with the recorder of the county where the real property is
located a copy of the writ of execution and a notice of levy that
describes the property levied upon and states that the judgment
debtor's interest in the described property has been levied upon.  If
the judgment debtor's interest in the real property stands upon the
records of the county in the name of a person other than the judgment
debtor, the notice of levy shall identify the third person and the
recorder shall index the copy of the writ and notice of levy in the
names of both the judgment debtor and the third person.
   (b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on any
third person in whose name the judgment debtor's interest in the real
property stands upon the records of the county.  Service shall be
made personally or by mail.  If service on the third person is by
mail, it shall be sent to the person at the address for such person,
if any, shown by the records of the office of the tax assessor of the
county where the real property is located or, if no address is so
shown, to the person at  the address used by the county recorder for
the return of the instrument creating the interest of the third
person in the property.
   (c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on one
occupant of the real property.  Service on the occupant shall be made
by leaving the copy of the writ and a notice of levy with the
occupant personally or, in the occupant's absence, with a person of
suitable age and discretion found upon the real property when service
is attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If unable to serve such an
occupant at the time service is attempted, the levying officer shall
post the copy of the writ and the notice of levy in a conspicuous
place on the real property.  If the real property described in the
notice of levy consists of more than one distinct lot, parcel, or
governmental subdivision and any of the lots, parcels, or
governmental subdivisions lies with relation to any of the others so
as to form one or more continuous, unbroken tracts, only one service
or posting need be made under this subdivision as to each continuous,
unbroken tract.



700.020.  (a) To levy upon (1) growing crops, (2) timber to be cut,
or (3) minerals or the like (including oil and gas) to be extracted
or accounts receivable resulting from the sale thereof at the
wellhead or minehead, the levying officer shall record with the
recorder of the county where those crops, timber, or minerals or the
like are located a copy of the writ of execution and a notice of levy
that describes the property levied upon and states that the judgment
debtor's interest in the described property has been levied upon and
describes the real property where the crops, timber, or minerals or
the like are located.  If the judgment debtor's interest in the
crops, timber, minerals or the like, or if the real property where
the crops, timber, or minerals or the like are located, stands upon
the records of the county in the name of a person other than the
judgment debtor, the notice of levy shall identify the third person
and the recorder shall index the copy of the writ and notice of levy
in the names of both the judgment debtor and the third person.
   (b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy
personally or by mail on the following persons:
   (1) Any third person in whose name the judgment debtor's interest
in the crops, timber, minerals or the like stands upon the records of
the county and any third person in whose name the real property
stands upon the records of the county.  If service on the third
person is by mail, it shall be sent to the person at the address for
the person, if any, shown by the records of the office of the
assessor of the county where the real property is located or, if no
address is so shown, to the person at the address used by the county
recorder for the return of the instrument creating the interest of
the third person in the property.
   (2) Any secured party who has filed a financing statement with
respect to the  crops, timber, or minerals or the like or the
accounts receivable, prior to the date of levy on the property.
   (c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on one
occupant of the real property where the crops, timber, or minerals or
the like are located.  Service on the occupant shall be made by
leaving the copy of the writ and a notice of levy with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the real property when service is
attempted who is either an employee or agent of the occupant or a
member of the occupant's household.  If he or she is unable to serve
an occupant or suitable person at the time service is attempted, the
levying officer shall post the copy of the writ and the notice of
levy in a conspicuous place on the real property.  However, the
posting requirement of the preceding sentence shall not apply where
the levy is made upon minerals or the like (but not including oil or
gas) and no dwelling is located on the real property.  If the real
property described in the notice of levy consists of more than one
distinct lot, parcel, or governmental subdivision and any of the
lots, parcels, or governmental subdivisions lies with relation to any
of the others so as to form one or more continuous, unbroken tracts,
only one service or posting need be made under this subdivision as
to each continuous, unbroken tract.



700.030.  Unless another method of levy is provided by this article,
to levy upon tangible personal property in the possession or under
the control of the judgment debtor, the levying officer shall take
the property into custody.


700.040.  (a) Unless another method of levy is provided by this
article, to levy upon tangible personal property in the possession or
under the control of a third person, the levying officer shall
personally serve a copy of the writ of execution and a notice of levy
on the third person.
   (b) If goods are in the possession of a bailee who has issued a
negotiable document of title therefor, the goods may not be levied
upon but the negotiable document of title may be levied upon in the
manner provided by Section 700.120.  If goods are in the possession
of a bailee other than one who has issued a negotiable document of
title therefor, the goods may be levied upon in the manner provided
by Section 700.060.  As used in this subdivision, "bailee" means
"bailee" as defined in Section 7102 of the Commercial Code.




700.050.  (a) To levy upon personal property in the custody of a
levying officer:
   (1) If the writ of execution is directed to the levying officer
having custody of the property, the judgment creditor shall deliver
the writ to the levying officer.
   (2) If the writ of execution is directed to a levying officer
other than the levying officer having custody of the property, the
levying officer to whom the writ is directed shall serve a copy of
the writ and a notice of levy on the levying officer having custody.
Service shall be made personally or by mail.
   (b) The levying officer having custody of the property shall
comply with the writs in the order they are received and is not
subject to the provisions of Article 5 (commencing with Section
701.010) (duties and liabilities of third persons after levy).



700.060.  (a) To levy upon goods in the possession of a bailee (as
defined in Section 7102 of the Commercial Code) other than one who
has issued a negotiable document of title therefor, the levying
officer shall personally serve a copy of the writ of execution and a
notice of levy on the bailee.
   (b) If the goods described in subdivision (a) are subject to a
security interest, the levying officer shall, if so instructed by the
judgment creditor, serve a copy of the writ of execution and a
notice of levy on the secured party.  Service shall be made
personally or by mail.



700.070.  To levy upon tangible personal property of a going
business in the possession or under the control of the judgment
debtor, the levying officer shall comply with Section 700.030, except
to the extent that the judgment creditor instructs that levy be made
in the following manner:
   (a) The levying officer shall place a keeper in charge of the
business for the period requested by the judgment creditor.  During
the period, the business may continue to operate in the ordinary
course of business provided that all sales are final and are for cash
or its equivalent.  For the purpose of this subdivision, a check is
the equivalent of cash.  The levying officer is not liable for
accepting payment in the form of a cash equivalent.  The keeper shall
take custody of the proceeds from all sales unless otherwise
directed by the judgment creditor.
   (b) The levying officer shall take the tangible personal property
into exclusive custody at the earliest of the following times:
   (1) At any time the judgment debtor objects to placement of a
keeper in charge of the business.
   (2) At any time when requested by the judgment creditor.
   (3) At the end of 10 days from the time the keeper is placed in
charge of the business.
   (c) Where a keeper is placed in a business for the purpose of
taking into custody tangible personal property consisting solely of
money or equivalent proceeds of sales, the provisions of subdivision
(b) shall not apply, and the levying officer shall take such property
into exclusive custody at the end of each daily keeper period.



700.080.  (a) To levy upon personal property used as a dwelling, the
levying officer shall serve a copy of the writ of execution and a
notice of levy on one occupant of the property.  Service on the
occupant shall be made by leaving the copy of the writ and the notice
of levy with the occupant personally or, in the occupant's absence,
with a person of suitable age and discretion found at the property
when service is attempted who is a member of the occupant's family or
household.  If unable to serve the occupant at the time service is
attempted, the levying officer shall make the levy by posting the
copy of the writ and the notice of levy in a conspicuous place on the
property.
   (b) If the judgment creditor so instructs, the levying officer
shall place a keeper in charge of the property for a period requested
by the judgment creditor.
   (c) The judgment creditor may apply to the court on noticed motion
for an order directing the levying officer to remove the occupants.
The notice of motion shall be served on any legal owner and any
junior lienholder who was served pursuant to Section 700.090, on the
occupant, and, if the judgment debtor is not the occupant, on the
judgment debtor.  Service shall be made personally or by mail.  At
the hearing on the motion the court shall determine the occupant's
right to possession and shall make an order including terms and
conditions that are appropriate under the circumstances of the case.

   (d) Personal property used as a dwelling shall include a
mobilehome, whether the mobilehome is occupied or unoccupied at the
time of the levy.



700.090.  If a vehicle or vessel is levied upon and a certificate of
ownership has been issued by the Department of Motor Vehicles for
such vehicle or vessel and the certificate of ownership is still in
effect, or if a manufactured home,  mobilehome, or commercial coach
is levied upon and a permanent title record has been established by
the Department of Housing and Community Development for such
manufactured home, mobilehome, or commercial coach the levying
officer shall  determine from the appropriate department the name and
address of the legal owner and each junior lienholder of the
property levied upon.  If the legal owner or junior lienholder is not
the judgment debtor and is not in possession of the vehicle, vessel,
manufactured home, mobilehome, or commercial coach, the levying
officer shall at the time of levy or promptly thereafter serve a copy
of the writ of execution and a notice of levy on the legal owner or
junior lienholder.  Service shall be made personally or by mail.



700.100.  (a) To levy upon chattel paper, the levying officer shall:

   (1) If the chattel paper is in the possession of the judgment
debtor, take the chattel paper into custody.
   (2) If the chattel paper is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of levy
on the third person.
   (b) If the levying officer obtains custody of the chattel paper or
if pursuant to a security agreement the judgment debtor has liberty
to collect or compromise the chattel paper or to accept the return of
goods or make repossessions, the levying officer shall, if so
instructed by the judgment creditor, serve a copy of the writ of
execution and a notice of levy on the account debtor.  Service shall
be made personally or by mail.
   (c) In addition to any other rights created by a levy on chattel
paper, the levy creates a lien on the judgment debtor's rights in
specific goods subject to the chattel paper.




700.110.  (a) To levy upon an instrument, the levying officer shall:

   (1) If the instrument is in the possession of the judgment debtor,
take the instrument into custody.
   (2) If the instrument is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of levy
on the third person.
   (b) If the levying officer obtains custody of the instrument, the
levying officer shall, if the judgment creditor so instructs, serve a
copy of the writ of execution and a notice of levy on the obligor.
Service shall be made personally or by mail.



700.120.  To levy upon a negotiable document of title, the levying
officer shall:
   (a) If the negotiable document of title is in the possession of
the judgment debtor, take the negotiable document of title into
custody.
   (b) If the negotiable document of title is in the possession of a
third person, personally serve a copy of the writ of execution and a
notice of levy on the third person.



700.130.  To levy upon a security, the levying officer shall comply
with Section 8112 of the Commercial Code.  The legal process referred
to in Section 8112 of the Commercial Code means the legal process
required by the state in which the chief executive office of the
issuer of the security is located and, where that state is
California, means personal service by the levying officer of a copy
of the writ of execution and notice of levy on the person who is to
be served.


700.140.  (a) Subject to Section 700.160, to levy upon a deposit
account, the levying officer shall personally serve a copy of the
writ of execution and a notice of levy on the financial institution
with which the deposit account is maintained, or shall personally
serve the writ of execution and notice of levy to a centralized
location within the county designated by the financial institution.
If the writ of execution is received at the designated central
location, it shall apply to all deposit accounts held by the
financial institution regardless of the location of that property.
The execution lien reaches only amounts in the deposit account at the
time of service on the financial institution, including any item in
the deposit account that is in the process of being collected, unless
the item is returned unpaid to the financial institution.  This
section does not require a financial institution to designate a
central location for personal service of the writ of execution and
notice of levy.
   (b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on any third person in whose name the deposit account stands.
Service shall be made personally or by mail.
   (c) During the time the execution lien is in effect, the financial
institution shall not honor a check or other order for the payment
of money drawn against, and shall not pay a withdrawal from, the
deposit account that would reduce the deposit account to an amount
that is less than the amount levied upon.  For the purposes of this
subdivision, in determining the amount of the deposit account, the
financial institution shall not include the amount of items deposited
to the credit of the deposit account that are in the process of
being collected.
   (d) During the time the execution lien is in effect, the financial
institution is not liable to any person for any of the following:
   (1) Performance of the duties of a garnishee under the levy.
   (2) Nonpayment of a check or other order for the payment of money
drawn or presented against the deposit account if the nonpayment is
pursuant to the requirements of subdivision (c).
   (3) Refusal to pay a withdrawal from the deposit account if the
refusal is pursuant to the requirements of subdivision (c).
   (e) When the amount levied upon pursuant to this section is paid
to the levying officer, the execution lien on the deposit account
levied upon terminates.
   (f) For the purposes of this section, neither of the following is
a third person in whose name the deposit account stands:
   (1) A person who is only a person named as the beneficiary of a
Totten trust account.
   (2) A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 18318.5 of the Financial
Code or Section 5140 of the Probate Code, or other similar provision.



700.150.  (a) Subject to Section 700.160, to levy upon property in a
safe-deposit box, the levying officer shall personally serve a copy
of the writ of execution and a notice of levy on the financial
institution with which the safe-deposit box is maintained.
   (b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on any third person in whose name the safe-deposit box stands.
Service shall be made personally or by mail.
   (c) During the time the execution lien is in effect, the financial
institution may not permit the removal of any of the contents of the
safe-deposit box except as directed by the levying officer.
   (d) Upon receipt of a garnishee's memorandum from the financial
institution, as required by Section 701.030, indicating a
safe-deposit box is under levy, the levying officer shall promptly
mail a written notice to the judgment creditor demanding an
additional fee as required by Section 26723 of the Government Code,
plus the costs to open the safe-deposit box and seize and store the
contents.  The levying officer shall release the levy on the
safe-deposit box if the judgment creditor does not pay the required
fee, plus costs, within three business days plus the extended time
period specified in subdivision (a) of Section 1013 for service by
mail by the levying officer.
   (e) The levying officer may first give the person in whose name
the safe-deposit box stands an opportunity to open the safe-deposit
box to permit the removal pursuant to the levy of the property levied
upon.  The financial institution may refuse to permit the forcible
opening of the safe-deposit box to permit the removal of the property
levied upon unless the judgment creditor pays in advance the cost of
forcibly opening the safe-deposit box and of repairing any damage
caused thereby.
   (f) During the time the execution lien is in effect, the financial
institution is not liable to any person for any of the following:
   (1) Performance of the duties of a garnishee under the levy.
   (2) Refusal to permit access to the safe-deposit box by the person
in whose name it stands.
   (3) Removal of any of the contents of the safe-deposit box
pursuant to the levy.



700.160.  (a) Except as provided in subdivision (b), a deposit
account or safe-deposit box standing in the name of a person other
than the judgment debtor, either alone or together with other third
persons, is not subject to levy under Section 700.140 or 700.150
unless the levy is authorized by court order.  The levying officer
shall serve a copy of the court order on the third person at the time
the copy of the writ of execution and the notice of levy are served
on the third person.
   (b) A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any of
the following:
   (1) The judgment debtor, whether alone or together with third
persons.
   (2) The judgment debtor's spouse, whether alone or together with
other third persons.  An affidavit showing that the person in whose
name the account stands is the judgment debtor's spouse shall be
delivered to the financial institution at the time of levy.
   (3) A fictitious business name if an unexpired fictitious business
name statement filed pursuant to Chapter 5 (commencing with Section
17900) of Part 3 of Division 7 of the Business and Professions Code
lists as the persons doing business under the fictitious business
name either (A) the judgment debtor or (B) the judgment debtor's
spouse or (C) the judgment debtor and the judgment debtor's spouse,
but does not list any other person.  A copy of a fictitious business
name statement, certified as provided in Section 17926 of the
Business and Professions Code, that satisfies these requirements
shall be delivered to the financial institution at the time of levy,
and if a person other than the defendant is listed in the statement,
an affidavit showing that the other person is the judgment debtor's
spouse shall also be delivered to the financial institution at the
time of levy.
   (4) The additional name of a judgment debtor listed on the writ of
execution pursuant to an affidavit of identity as provided by
Section 680.135, whether alone or together with third persons.
   (c) In any case where a deposit account in the name of a person
other than the judgment debtor, whether alone or together with the
judgment debtor, is levied upon, the financial institution shall not
pay to the levying officer the amount levied upon until being
notified to do so by the levying officer.  The levying officer may
not require the financial institution to pay the amount levied upon
until the expiration of 15 days after service of notice of levy on
the third person.


700.170.  (a) Unless another method of levy is provided by this
article, to levy upon an account receivable or general intangible,
the levying officer shall personally serve a copy of the writ of
execution and a notice of levy on the account debtor.
   (b) If a levy is made under subdivision (a) and payments on the
account receivable or general intangible are made to a person other
than the judgment debtor (whether pursuant to a security agreement,
assignment for collection, or otherwise), the levying officer shall,
if so instructed by the judgment creditor, personally serve a copy of
the writ of execution and a notice of levy on such third person.
Service of the copy of the writ and notice of levy on such third
person is a levy on any amounts owed to the judgment debtor by such
third person.



700.180.  (a) The following property may be levied upon pursuant to
this article notwithstanding that the property levied upon is the
subject of a pending action or special proceeding:
   (1) Real property.
   (2) Growing crops, timber to be cut, or minerals or the like
(including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead.
   (3) Tangible personal property in the possession or under the
control of the judgment debtor or in the custody of a levying
officer.
   (4) The interest of a judgment debtor in personal property in the
estate of a  decedent, whether the interest arises by testate or
intestate succession.
   (b) Except as provided in subdivision (a), a levy upon property
that is the subject of an action or special proceeding pending at the
time of the levy is not effective.
   (c) If a levy is attempted but is ineffective under subdivision
(b) and the levying officer has requested a garnishee's memorandum
under Section 701.030 in connection with the ineffective levy, the
garnishee's memorandum shall include the following information in
addition to that required by Section 701.030:
   (1) A statement that the levy on the property is not effective
because the property is the subject of a pending action or special
proceeding.
   (2) The title of the court, cause, and number of the pending
action or proceeding.
   (d) For the purpose of this section, an action or proceeding is
pending from the time the action or proceeding is commenced until
judgment has been entered and the time for appeal has expired or, if
an appeal is filed, until the appeal has been finally determined.
   (e) Nothing in this section affects or limits the right of the
judgment creditor to obtain a lien pursuant to Article 5 (commencing
with Section 708.410) of Chapter 6.



700.190.  (a) As used in this section, "final money judgment" means
a money judgment after the time for appeal from the judgment has
expired or, if an appeal is filed, after the appeal has been finally
determined.
   (b) To levy upon a final money judgment, the levying officer shall
file a copy of the writ of execution and a notice of levy with the
clerk of the court that entered the final money judgment.  The court
clerk shall endorse upon the judgment a statement of the existence of
the execution lien and the time it was created.  If an abstract of
the judgment is issued, it shall include a statement of the execution
lien in favor of the judgment creditor.
   (c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice of
levy on the judgment debtor obligated to pay the final money judgment
levied upon.  Service shall be made personally or by mail.



700.200.  (a) To levy upon the interest of the judgment debtor in
personal property in the estate of a decedent, whether the interest
arises by testate or intestate succession, the levying officer shall
personally serve a copy of the writ and a notice of levy on the
personal representative of the decedent.  The levy does not impair
the powers of the representative over the property for the purposes
of administration.
   (b) The personal representative shall report the levy to the court
in which the estate is being administered when any petition for
distribution is filed.  If a decree orders distribution to the
judgment debtor, the court making the decree shall order the property
levied upon to be delivered to the levying officer.  The property
may not be delivered to the levying officer until the decree
distributing the property has become final.  To the extent the
property delivered to the levying officer is not necessary to satisfy
the money judgment, it shall be released to the judgment debtor.
   (c) Promptly after the property is delivered to the levying
officer pursuant to subdivision (b), the levying officer shall serve
a notice describing the property on the judgment debtor.  Service
shall be made personally or by mail.  Notwithstanding Section
703.520, a claim of exemption for the property described in the
notice may be made within 10 days after the notice was served on the
judgment debtor.
   (d) Notwithstanding Section 697.710, an execution lien created by
a levy pursuant to this section continues for a period of one year
after the decree distributing the interest has become final unless
the judgment is sooner satisfied.
   (e) A writ under which a levy is made pursuant to this section
shall be returned not later than one year after the date the decree
distributing the interest has become final.