SECTIONS 701.010-701.070

701.010.  (a) Except as otherwise provided by statute, when a levyis made by service of a copy of the writ of execution and a notice oflevy on a third person, the third person at the time of levy orpromptly thereafter shall comply with this section. (b) Unless the third person has good cause for failure or refusalto do so: (1) The third person shall deliver to the levying officer any ofthe property levied upon that is in the possession or under thecontrol of the third person at the time of levy unless the thirdperson claims the right to possession of the property. (2) To the extent that the third person does not deny anobligation levied upon, or claim a priority over the judgmentcreditor's lien, the third person shall pay to the levying officerboth of the following: (A) The amount of the obligation levied upon that is due andpayable to the judgment debtor at the time of levy. (B) Amounts that become due and payable to the judgment debtor onthe obligation levied upon during the period of the execution lien. (3) If the third person makes a delivery or payment to the levyingofficer pursuant to this section, the third person shall execute anddeliver any documents necessary to effect the transfer of theproperty. (c) For the purposes of this section, "good cause" includes, butis not limited to, a showing that the third person did not know orhave reason to know of the levy from all the facts and circumstancesknown to the third person.701.020.  (a) If a third person is required by this article todeliver property to the levying officer or to make payments to thelevying officer and the third person fails or refuses without goodcause to do so, the third person is liable to the judgment creditorfor whichever of the following is the lesser amount: (1) The value of the judgment debtor's interest in the property orthe amount of the payments required to be made. (2) The amount required to satisfy the judgment pursuant to whichthe levy is made. (b) The third person's liability continues until the earliest ofthe following times: (1) The time when the property levied upon is delivered to thelevying officer or the payments are made to the levying officer. (2) The time when the property levied upon is released pursuant toSection 699. 060. (3) The time when the judgment is satisfied or discharged. (c) If the third person's liability is established, the court thatdetermines the liability may, in its discretion, require the thirdperson to pay the costs and reasonable attorney's fees incurred bythe judgment creditor in establishing the liability.701.030.  (a) At the time of service of a copy of the writ ofexecution and a notice of levy on a third person, the levying officershall request the third person to give the levying officer agarnishee's memorandum containing the information required by thissection. Within 10 days after the request is made, the third personshall mail or deliver the garnishee's memorandum to the levyingofficer whether or not the levy is effective. (b) The garnishee's memorandum shall be executed under oath andshall contain the following information: (1) A description of any property of the judgment debtor sought tobe levied upon that is not delivered to the levying officer and thereason for not delivering the property. (2) A description of any property of the judgment debtor notsought to be levied upon that is in the possession or under thecontrol of the third person at the time of levy. (3) A statement of the amount and terms of any obligation to thejudgment debtor sought to be levied upon that is due and payable andis not paid to the levying officer, and the reason for not paying theobligation. (4) A statement of the amount and terms of any obligation to thejudgment debtor sought to be levied upon that is not due and payableat the time of levy. (5) A statement of the amount and terms of any obligation to thejudgment debtor at the time of levy not sought to be levied upon. (6) A description of claims and rights of other persons to theproperty or obligation levied upon that are known to the third personand the names and addresses of those other persons. (c) If a garnishee's memorandum is received from the third person,the levying officer shall retain a copy and promptly mail or delivera copy of the memorandum to the judgment creditor. (d) Except as provided in subdivisions (e) and (f), if a thirdperson does not give the levying officer a garnishee's memorandumwithin the time provided in subdivision (a), or does not providecomplete information, the third person may, in the court'sdiscretion, be required to pay the costs and reasonable attorney'sfees incurred in any proceedings to obtain the information requiredin the garnishee's memorandum. (e) Notwithstanding subdivision (a), when the levy is made upon adeposit account or upon property in a safe deposit box, the financialinstitution need not give a garnishee's memorandum to the levyingofficer if the financial institution fully complies with the levyand, if a garnishee's memorandum is required, the garnishee'smemorandum needs to provide information with respect only to propertythat is carried on the records available at the office or branchwhere the levy is made. (f) Notwithstanding subdivision (a), the third person need notgive a garnishee's memorandum to the levying officer if both of thefollowing conditions are satisfied: (1) The third person has delivered to the levying officer all ofthe property sought to be levied upon. (2) The third person has paid to the levying officer the amountdue at the time of levy on any obligation to the judgment debtor thatwas levied upon, and there is no additional amount that thereafterwill become payable on the obligation levied upon. (g) The garnishee may electronically transmit the garnishee'smemorandum to the levying officer pursuant to Chapter 2 (commencingwith Section 263) of Title 4 of Part 1.701.035.  A third person who gives a garnishee's memorandum pursuantto this title is not liable to any person for the disclosure in thegarnishee's memorandum of any information contained in the garnishee's memorandum.701.040.  (a) Except as otherwise ordered by the court upon adetermination that the judgment creditor's lien has priority over thesecurity interest, if property levied upon is subject to a securityinterest that attached prior to levy, the property or obligation issubject to enforcement of the security interest without regard to thelevy unless the property is in the custody of the levying officer;but, if the execution lien has priority over the security interest,the secured party is liable to the judgment creditor for any proceedsreceived by the secured party from the property to the extent of theexecution lien. (b) After the security interest is satisfied, the secured partyshall deliver any excess property, and pay any excess payments orproceeds of property, remaining in the possession of the securedparty to the levying officer for the purposes of the levy, asprovided in Section 9615 of the Commercial Code, unless otherwiseordered by the court or directed by the levying officer.701.050.  After service of a copy of the writ of execution and anotice of levy on an account debtor obligated on an accountreceivable, chattel paper, or general intangible: (a) If the account debtor has been making payments or is requiredto make payments to the judgment debtor, the account debtor shallmake payments to the levying officer as they become due unlessotherwise directed by court order or by the levying officer. Paymentsmade to the judgment debtor after the account debtor has receivednotice of the levy do not discharge the obligation of the accountdebtor to make payments as required by this subdivision. (b) If the account debtor has been making payments to a thirdperson or is required to make payments to a third person (whetherpursuant to a security agreement, assignment for collection, orotherwise), the account debtor shall continue to make such paymentsto the third person notwithstanding the levy until the account debtorreceives notice that the obligation to the third person is satisfiedor is otherwise directed by court order or by the third person.After the account debtor receives notice that the obligation to thethird person is satisfied, the account debtor shall make payments tothe levying officer as they become due unless otherwise directed bycourt order or by the levying officer. (c) If pursuant to a security agreement the judgment debtor hasliberty to accept the return of goods or make repossessions under theaccount receivable or chattel paper, the account debtor shalldeliver to the levying officer property returnable to the judgmentdebtor unless otherwise directed by court order or by the levyingofficer.701.060.  If the levying officer obtains custody of an instrumentlevied upon and serves the obligor under the instrument pursuant tothe levy, the obligor shall make payments to the levying officer asthey become due. Payments made to a person other than the levyingofficer do not discharge the obligation of the obligor to makepayments as required by this section if the payments are made afterthe obligor has received notice of the levy.701.070.  If a final money judgment has been levied upon and thelevying officer has served the judgment debtor under the final moneyjudgment levied upon, the judgment debtor shall make any payments dueunder the judgment to the levying officer. Payments made to a personother than the levying officer do not discharge the obligation ofthe judgment debtor under the final money judgment levied upon if thepayments are made after the judgment debtor has received notice ofthe levy.