699.010. Except as otherwise provided by statute, this chapter
governs enforcement of a money judgment by a writ of execution.
699.020. At any time after delivery of a writ of execution to a
levying officer and before its return, a person indebted to the
judgment debtor may pay to the levying officer the amount of the debt
or so much thereof as is necessary to satisfy the money judgment.
The levying officer shall give a receipt for the amount paid and such
receipt is a discharge for the amount paid.
699.030. If personal property sought to be levied upon is located
in a private place of the judgment debtor:
(a) The levying officer making the levy shall demand delivery of
the property by the judgment debtor and shall advise the judgment
debtor that the judgment debtor may be liable for costs and attorney'
s fees incurred in any further proceedings to obtain delivery of the
property. If the judgment debtor does not deliver the property, the
levying officer shall make no further effort to obtain custody of the
property and shall promptly notify the judgment creditor of the
failure to obtain custody of the property.
(b) The judgment creditor may apply to the court ex parte, or on
noticed motion if the court so directs or a court rule so requires,
for an order directing the levying officer to seize the property in
the private place. The application may be made whether or not a writ
has been issued and whether or not demand has been made pursuant to
subdivision (a). The application for the order shall describe with
particularity both the property sought to be levied upon, and the
place where it is to be found, according to the best knowledge,
information, and belief of the judgment creditor. The court may not
issue the order unless the judgment creditor establishes that there
is probable cause to believe that property sought to be levied upon
is located in the place described. The levying officer making the
levy, at the time delivery of the property pursuant to the order is
demanded, shall announce his or her identity, purpose, and authority.
If the property is not voluntarily delivered, the levying officer
may cause the building or enclosure where the property is believed to
be located to be broken open in such manner as the levying officer
reasonably believes will cause the least damage, but if the levying
officer reasonably believes that entry and seizure of the property
will involve a substantial risk of death or serious bodily harm to
any person, the levying officer shall refrain from entering and shall
promptly make a return to the court setting forth the reasons for
believing that the risk exists. In such a case, the court shall make
such orders as may be appropriate.
699.040. (a) If a writ of execution is issued, the judgment
creditor may apply to the court ex parte, or on noticed motion if the
court so directs or a court rule so requires, for an order directing
the judgment debtor to transfer to the levying officer either or
both of the following:
(1) Possession of the property sought to be levied upon if the
property is sought to be levied upon by taking it into custody.
(2) Possession of documentary evidence of title to property of or
a debt owed to the judgment debtor that is sought to be levied upon.
An order pursuant to this paragraph may be served when the property
or debt is levied upon or thereafter.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to arrest and
punishment for contempt of court.
699.060. (a) The levying officer shall release property levied
upon when the levying officer receives a written direction to release
the property from the judgment creditor's attorney of record or, if
the judgment creditor does not have an attorney of record, from the
judgment creditor, or when the levying officer receives a certified
copy of a court order for release, or when otherwise required to
release the property. The release shall include the signature and
name of the attorney or judgment creditor issuing the release. The
release extinguishes any execution lien or attachment lien in favor
of the judgment creditor on the property released.
(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. Service shall be
made personally or by mail. If the person does not claim the property
within 30 days after the notice is served, the levying officer shall
sell the property in the manner provided by Article 6 (commencing
with Section 701.510), other than cash, which does not have a value
exceeding its face value. The levying officer shall deposit the
proceeds of sale and cash, after first deducting the levying officer'
s costs, with the county treasurer of the county where the property
is located, payable to the order of the person. If the amount
deposited is not claimed by the person, or the legal representative
of the person, within five years after the deposit is made by making
application to the treasurer or other official designated by the
county, it shall be paid into the general fund of the county.
(c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the property by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of levy to create the
lien. Service shall be made personally or by mail.
(d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of levy, the levying officer
shall record or file a written notice of release in the same office.
(e) The levying officer is not liable for releasing property in
accordance with this section nor is any other person liable for
acting in conformity with the release.
(f) The written direction to release property specified in
subdivision (a) may be transmitted electronically to the levying
officer pursuant to Chapter 2 (commencing with Section 263) of Title
4 of Part 1.
699.070. (a) The court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of property levied upon, including but not limited
to selling the property, if the court determines that the property
is perishable or will greatly deteriorate or greatly depreciate in
value or that for some other reason the interests of the parties will
be best served by the order. An order may be made under this
subdivision upon application of the judgment creditor, the judgment
debtor, or a person who has filed a third-party claim pursuant to
Division 4 (commencing with Section 720.010). The application shall
be made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) If the levying officer determines that property levied upon is
extremely perishable or will greatly deteriorate or greatly
depreciate in value before a court order pursuant to subdivision (a)
could be obtained, the levying officer may take any action necessary
to preserve the value of the property or may sell the property. The
levying officer is not liable for a determination made in good faith
under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of
property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) and the
proceeds shall be applied to the satisfaction of the money judgment
in the manner provided by Article 7 (commencing with Section
701.810). Notwithstanding subdivisions (b) and (d) of Section
701.530, notice of sale shall be posted and served at a reasonable
time before the sale, considering the character and condition of the
property.
(d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the judgment creditor to pay the fees
and expenses of the receiver in advance or may direct that the whole
or any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.
699.080. (a) A registered process server may levy under a writ of
execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(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, pursuant
to Section 700.020.
(3) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered
process server shall deposit a copy of the writ with the levying
officer and pay the fee provided by Section 26721 of the Government
Code.
(c) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 701.030
on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating
the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on
other persons, as required by Article 4 (commencing with Section
700.010).
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code
has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ
and shall return the writ to the court. If the registered process
server does not comply with subdivisions (b) and (d), the levy is
ineffective and the levying officer is not required to perform any
duties under the writ and may issue a release for any property sought
to be levied upon.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.
(g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.
699.090. If property that is required by law to be registered or
recorded in the name of the owner is levied upon under a writ of
execution and it appears at the time of the levy that the judgment
debtor was the registered or record owner of the property and the
judgment creditor caused the levy to be made and the lien maintained
in good faith and in reliance upon such registered or recorded
ownership, neither the judgment creditor, the levying officer, nor
the sureties on an undertaking given by the judgment creditor
pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3
(commencing with Section 720.210) of Division 4 is liable to a third
person for the levy itself.
699.010. Except as otherwise provided by statute, this chapter
governs enforcement of a money judgment by a writ of execution.
699.020. At any time after delivery of a writ of execution to a
levying officer and before its return, a person indebted to the
judgment debtor may pay to the levying officer the amount of the debt
or so much thereof as is necessary to satisfy the money judgment.
The levying officer shall give a receipt for the amount paid and such
receipt is a discharge for the amount paid.
699.030. If personal property sought to be levied upon is located
in a private place of the judgment debtor:
(a) The levying officer making the levy shall demand delivery of
the property by the judgment debtor and shall advise the judgment
debtor that the judgment debtor may be liable for costs and attorney'
s fees incurred in any further proceedings to obtain delivery of the
property. If the judgment debtor does not deliver the property, the
levying officer shall make no further effort to obtain custody of the
property and shall promptly notify the judgment creditor of the
failure to obtain custody of the property.
(b) The judgment creditor may apply to the court ex parte, or on
noticed motion if the court so directs or a court rule so requires,
for an order directing the levying officer to seize the property in
the private place. The application may be made whether or not a writ
has been issued and whether or not demand has been made pursuant to
subdivision (a). The application for the order shall describe with
particularity both the property sought to be levied upon, and the
place where it is to be found, according to the best knowledge,
information, and belief of the judgment creditor. The court may not
issue the order unless the judgment creditor establishes that there
is probable cause to believe that property sought to be levied upon
is located in the place described. The levying officer making the
levy, at the time delivery of the property pursuant to the order is
demanded, shall announce his or her identity, purpose, and authority.
If the property is not voluntarily delivered, the levying officer
may cause the building or enclosure where the property is believed to
be located to be broken open in such manner as the levying officer
reasonably believes will cause the least damage, but if the levying
officer reasonably believes that entry and seizure of the property
will involve a substantial risk of death or serious bodily harm to
any person, the levying officer shall refrain from entering and shall
promptly make a return to the court setting forth the reasons for
believing that the risk exists. In such a case, the court shall make
such orders as may be appropriate.
699.040. (a) If a writ of execution is issued, the judgment
creditor may apply to the court ex parte, or on noticed motion if the
court so directs or a court rule so requires, for an order directing
the judgment debtor to transfer to the levying officer either or
both of the following:
(1) Possession of the property sought to be levied upon if the
property is sought to be levied upon by taking it into custody.
(2) Possession of documentary evidence of title to property of or
a debt owed to the judgment debtor that is sought to be levied upon.
An order pursuant to this paragraph may be served when the property
or debt is levied upon or thereafter.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to arrest and
punishment for contempt of court.
699.060. (a) The levying officer shall release property levied
upon when the levying officer receives a written direction to release
the property from the judgment creditor's attorney of record or, if
the judgment creditor does not have an attorney of record, from the
judgment creditor, or when the levying officer receives a certified
copy of a court order for release, or when otherwise required to
release the property. The release shall include the signature and
name of the attorney or judgment creditor issuing the release. The
release extinguishes any execution lien or attachment lien in favor
of the judgment creditor on the property released.
(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. Service shall be
made personally or by mail. If the person does not claim the property
within 30 days after the notice is served, the levying officer shall
sell the property in the manner provided by Article 6 (commencing
with Section 701.510), other than cash, which does not have a value
exceeding its face value. The levying officer shall deposit the
proceeds of sale and cash, after first deducting the levying officer'
s costs, with the county treasurer of the county where the property
is located, payable to the order of the person. If the amount
deposited is not claimed by the person, or the legal representative
of the person, within five years after the deposit is made by making
application to the treasurer or other official designated by the
county, it shall be paid into the general fund of the county.
(c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the property by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of levy to create the
lien. Service shall be made personally or by mail.
(d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of levy, the levying officer
shall record or file a written notice of release in the same office.
(e) The levying officer is not liable for releasing property in
accordance with this section nor is any other person liable for
acting in conformity with the release.
(f) The written direction to release property specified in
subdivision (a) may be transmitted electronically to the levying
officer pursuant to Chapter 2 (commencing with Section 263) of Title
4 of Part 1.
699.070. (a) The court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of property levied upon, including but not limited
to selling the property, if the court determines that the property
is perishable or will greatly deteriorate or greatly depreciate in
value or that for some other reason the interests of the parties will
be best served by the order. An order may be made under this
subdivision upon application of the judgment creditor, the judgment
debtor, or a person who has filed a third-party claim pursuant to
Division 4 (commencing with Section 720.010). The application shall
be made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) If the levying officer determines that property levied upon is
extremely perishable or will greatly deteriorate or greatly
depreciate in value before a court order pursuant to subdivision (a)
could be obtained, the levying officer may take any action necessary
to preserve the value of the property or may sell the property. The
levying officer is not liable for a determination made in good faith
under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of
property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) and the
proceeds shall be applied to the satisfaction of the money judgment
in the manner provided by Article 7 (commencing with Section
701.810). Notwithstanding subdivisions (b) and (d) of Section
701.530, notice of sale shall be posted and served at a reasonable
time before the sale, considering the character and condition of the
property.
(d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the judgment creditor to pay the fees
and expenses of the receiver in advance or may direct that the whole
or any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.
699.080. (a) A registered process server may levy under a writ of
execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(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, pursuant
to Section 700.020.
(3) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered
process server shall deposit a copy of the writ with the levying
officer and pay the fee provided by Section 26721 of the Government
Code.
(c) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 701.030
on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating
the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on
other persons, as required by Article 4 (commencing with Section
700.010).
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code
has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ
and shall return the writ to the court. If the registered process
server does not comply with subdivisions (b) and (d), the levy is
ineffective and the levying officer is not required to perform any
duties under the writ and may issue a release for any property sought
to be levied upon.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.
(g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.
699.090. If property that is required by law to be registered or
recorded in the name of the owner is levied upon under a writ of
execution and it appears at the time of the levy that the judgment
debtor was the registered or record owner of the property and the
judgment creditor caused the levy to be made and the lien maintained
in good faith and in reliance upon such registered or recorded
ownership, neither the judgment creditor, the levying officer, nor
the sureties on an undertaking given by the judgment creditor
pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3
(commencing with Section 720.210) of Division 4 is liable to a third
person for the levy itself.
699.010. Except as otherwise provided by statute, this chapter
governs enforcement of a money judgment by a writ of execution.
699.020. At any time after delivery of a writ of execution to a
levying officer and before its return, a person indebted to the
judgment debtor may pay to the levying officer the amount of the debt
or so much thereof as is necessary to satisfy the money judgment.
The levying officer shall give a receipt for the amount paid and such
receipt is a discharge for the amount paid.
699.030. If personal property sought to be levied upon is located
in a private place of the judgment debtor:
(a) The levying officer making the levy shall demand delivery of
the property by the judgment debtor and shall advise the judgment
debtor that the judgment debtor may be liable for costs and attorney'
s fees incurred in any further proceedings to obtain delivery of the
property. If the judgment debtor does not deliver the property, the
levying officer shall make no further effort to obtain custody of the
property and shall promptly notify the judgment creditor of the
failure to obtain custody of the property.
(b) The judgment creditor may apply to the court ex parte, or on
noticed motion if the court so directs or a court rule so requires,
for an order directing the levying officer to seize the property in
the private place. The application may be made whether or not a writ
has been issued and whether or not demand has been made pursuant to
subdivision (a). The application for the order shall describe with
particularity both the property sought to be levied upon, and the
place where it is to be found, according to the best knowledge,
information, and belief of the judgment creditor. The court may not
issue the order unless the judgment creditor establishes that there
is probable cause to believe that property sought to be levied upon
is located in the place described. The levying officer making the
levy, at the time delivery of the property pursuant to the order is
demanded, shall announce his or her identity, purpose, and authority.
If the property is not voluntarily delivered, the levying officer
may cause the building or enclosure where the property is believed to
be located to be broken open in such manner as the levying officer
reasonably believes will cause the least damage, but if the levying
officer reasonably believes that entry and seizure of the property
will involve a substantial risk of death or serious bodily harm to
any person, the levying officer shall refrain from entering and shall
promptly make a return to the court setting forth the reasons for
believing that the risk exists. In such a case, the court shall make
such orders as may be appropriate.
699.040. (a) If a writ of execution is issued, the judgment
creditor may apply to the court ex parte, or on noticed motion if the
court so directs or a court rule so requires, for an order directing
the judgment debtor to transfer to the levying officer either or
both of the following:
(1) Possession of the property sought to be levied upon if the
property is sought to be levied upon by taking it into custody.
(2) Possession of documentary evidence of title to property of or
a debt owed to the judgment debtor that is sought to be levied upon.
An order pursuant to this paragraph may be served when the property
or debt is levied upon or thereafter.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to arrest and
punishment for contempt of court.
699.060. (a) The levying officer shall release property levied
upon when the levying officer receives a written direction to release
the property from the judgment creditor's attorney of record or, if
the judgment creditor does not have an attorney of record, from the
judgment creditor, or when the levying officer receives a certified
copy of a court order for release, or when otherwise required to
release the property. The release shall include the signature and
name of the attorney or judgment creditor issuing the release. The
release extinguishes any execution lien or attachment lien in favor
of the judgment creditor on the property released.
(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it was
taken unless otherwise ordered by the court. If the person does not
claim the property to be released, the levying officer shall retain
custody of the property and shall serve on the person a notice of
where possession of the property may be obtained. Service shall be
made personally or by mail. If the person does not claim the property
within 30 days after the notice is served, the levying officer shall
sell the property in the manner provided by Article 6 (commencing
with Section 701.510), other than cash, which does not have a value
exceeding its face value. The levying officer shall deposit the
proceeds of sale and cash, after first deducting the levying officer'
s costs, with the county treasurer of the county where the property
is located, payable to the order of the person. If the amount
deposited is not claimed by the person, or the legal representative
of the person, within five years after the deposit is made by making
application to the treasurer or other official designated by the
county, it shall be paid into the general fund of the county.
(c) If the property to be released has not been taken into custody
under the levy, the levying officer shall release the property by
issuing a written notice of release and serving it on the person who
was served with a copy of the writ and a notice of levy to create the
lien. Service shall be made personally or by mail.
(d) If the property to be released was levied upon by recording or
filing a copy of the writ and a notice of levy, the levying officer
shall record or file a written notice of release in the same office.
(e) The levying officer is not liable for releasing property in
accordance with this section nor is any other person liable for
acting in conformity with the release.
(f) The written direction to release property specified in
subdivision (a) may be transmitted electronically to the levying
officer pursuant to Chapter 2 (commencing with Section 263) of Title
4 of Part 1.
699.070. (a) The court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of property levied upon, including but not limited
to selling the property, if the court determines that the property
is perishable or will greatly deteriorate or greatly depreciate in
value or that for some other reason the interests of the parties will
be best served by the order. An order may be made under this
subdivision upon application of the judgment creditor, the judgment
debtor, or a person who has filed a third-party claim pursuant to
Division 4 (commencing with Section 720.010). The application shall
be made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) If the levying officer determines that property levied upon is
extremely perishable or will greatly deteriorate or greatly
depreciate in value before a court order pursuant to subdivision (a)
could be obtained, the levying officer may take any action necessary
to preserve the value of the property or may sell the property. The
levying officer is not liable for a determination made in good faith
under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of
property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) and the
proceeds shall be applied to the satisfaction of the money judgment
in the manner provided by Article 7 (commencing with Section
701.810). Notwithstanding subdivisions (b) and (d) of Section
701.530, notice of sale shall be posted and served at a reasonable
time before the sale, considering the character and condition of the
property.
(d) If a receiver is appointed, the court shall fix the daily fee
of the receiver and may order the judgment creditor to pay the fees
and expenses of the receiver in advance or may direct that the whole
or any part of the fees and expenses be paid from the proceeds of any
sale of the property. Except as otherwise provided in this section,
the provisions of Chapter 5 (commencing with Section 564) and Chapter
5a (commencing with Section 571) of Title 7 govern the appointment,
qualifications, powers, rights, and duties of a receiver appointed
under this section.
699.080. (a) A registered process server may levy under a writ of
execution on the following types of property:
(1) Real property, pursuant to Section 700.015.
(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, pursuant
to Section 700.020.
(3) Personal property in the custody of a levying officer,
pursuant to Section 700.050.
(4) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(5) Deposit accounts, pursuant to Section 700.140.
(6) Property in a safe-deposit box, pursuant to Section 700.150.
(7) Accounts receivable or general intangibles, pursuant to
Section 700.170.
(8) Final money judgments, pursuant to Section 700.190.
(9) Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.
(b) Before levying under the writ of execution, the registered
process server shall deposit a copy of the writ with the levying
officer and pay the fee provided by Section 26721 of the Government
Code.
(c) If a registered process server levies on property pursuant to
subdivision (a), the registered process server shall do both of the
following:
(1) Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 701.030
on a form provided by the registered process server.
(d) Within five court days after levy under this section, all of
the following shall be filed with the levying officer:
(1) The writ of execution.
(2) A proof of service by the registered process server stating
the manner of levy performed.
(3) Proof of service of the copy of the writ and notice of levy on
other persons, as required by Article 4 (commencing with Section
700.010).
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(e) If the fee provided by Section 26721 of the Government Code
has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ
and shall return the writ to the court. If the registered process
server does not comply with subdivisions (b) and (d), the levy is
ineffective and the levying officer is not required to perform any
duties under the writ and may issue a release for any property sought
to be levied upon.
(f) The fee for services of a registered process server under this
section shall be allowed as a recoverable cost pursuant to Section
1033.5.
(g) A registered process server may levy more than once under the
same writ of execution, provided that the writ is still valid.
699.090. If property that is required by law to be registered or
recorded in the name of the owner is levied upon under a writ of
execution and it appears at the time of the levy that the judgment
debtor was the registered or record owner of the property and the
judgment creditor caused the levy to be made and the lien maintained
in good faith and in reliance upon such registered or recorded
ownership, neither the judgment creditor, the levying officer, nor
the sureties on an undertaking given by the judgment creditor
pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3
(commencing with Section 720.210) of Division 4 is liable to a third
person for the levy itself.
