SECTIONS 488.010-488.140 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 488.010-488.140

488.010. The writ of attachment shall include the following
information:
(a) The date of issuance of the writ.
(b) The title of the court that issued the writ and the cause and
number of the action.
(c) The name and address of the plaintiff and the name and last
known address of the defendant.
(d) The amount to be secured by the attachment.
(e) A description of the property to be levied upon to satisfy the
attachment.

488.020. (a) A writ of attachment shall be directed to a levying
officer in the county in which property of the defendant described in
the writ may be located and to any registered process server.
(b) Upon the receipt of written instructions from the plaintiff's
attorney of record or, if the plaintiff has no attorney of record,
from the plaintiff, the levying officer to whom the writ is directed
and delivered shall levy the writ without delay in the manner
provided in this chapter on the property described in the writ or so
much thereof as is clearly sufficient to satisfy the amount to be
secured by the attachment. The levying officer is not liable for a
determination made in good faith under this subdivision.
(c) If a copy of the summons and complaint has not previously been
served on the defendant, the instructions to the levying officer
shall instruct the levying officer to make the service at the same
time the levying officer serves the defendant with a copy of the writ
of attachment.

488.030. (a) The plaintiff shall give the levying officer
instructions in writing. The instructions shall be signed by the
plaintiff's attorney of record or, if the plaintiff does not have an
attorney of record, by the plaintiff. The instructions shall contain
the information needed or requested by the levying officer to comply
with the provisions of this title, including but not limited to:
(1) An adequate description of any property to be levied upon.
(2) A statement whether the property is a dwelling.
(3) If the property is a dwelling, whether it is real or personal
property.
(b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
(c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.

488.040. (a) If the levying officer is required by any provision of
this title to serve any writ, order, notice, or other paper on any
person, the plaintiff shall include in the instructions to the
levying officer the correct name and address of the person. The
plaintiff shall use reasonable diligence to ascertain the correct
name and address of the person.
(b) Unless the levying officer has actual knowledge that the name
or address included in the instructions is incorrect, the levying
officer shall rely on the instructions in serving the writ, order,
notice, or other paper on the person.

488.050. (a) Except as otherwise provided by law:
(1) As a prerequisite to the performance by the levying officer of
a duty under this title, the plaintiff shall deposit a sum of money
with the levying officer sufficient to pay the costs of performing
the duty.
(2) As a prerequisite to the taking of property into custody by
the levying officer under this chapter, whether by keeper or
otherwise, the plaintiff shall deposit with the levying officer a sum
of money sufficient to pay the costs of taking the property and
keeping it safely for a period not to exceed 15 days. If continuation
of the custody of the property is required, the levying officer
shall, from time to time, demand orally or in writing that the
plaintiff deposit additional amounts to cover estimated costs for
periods not to exceed 30 days each. A written demand may be mailed or
delivered to the plaintiff. The plaintiff has not less than three
business days after receipt of the demand within which to comply with
the demand. If the amount demanded is not paid within the time
specified in the oral or written demand, the levying officer shall
release the property.
(b) The levying officer is not liable for failure to take or hold
property unless the plaintiff has complied with the provisions of
this section.

488.060. The notice of attachment shall inform the person notified
of all of the following:
(a) The capacity in which the person is notified.
(b) The specific property which is sought to be attached.
(c) The person's rights under the attachment, including the right
to make a third-party claim pursuant to Division 4 (commencing with
Section 720.010) of Title 9.
(d) The person's duties under the attachment.

488.065. A copy of the original notice of attachment which has been
served upon a third party holding the property sought to be
attached, if served upon the defendant or any other party, shall
suffice as the notice of attachment to that person.

488.070. If a writ of attachment has been issued and personal
property sought to be attached under the writ is located in a private
place of the defendant:
(a) The levying officer shall comply with the provisions of
Section 699.030.
(b) The plaintiff may obtain the relief provided under Section
699.030 in the manner and subject to the requirements of that
section.

488.080. (a) A registered process server may levy under a writ of
attachment on the following types of property:
(1) Real property, pursuant to Section 488.315.
(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 488.325.
(3) Personal property in the custody of a levying officer,
pursuant to Section 488.355.
(4) Equipment of a going business, pursuant to Section 488.375.
(5) Motor vehicles, vessels, mobilehomes, or commercial coaches
used as equipment of a going business, pursuant to Section 488.385.
(6) Farm products or inventory of a going business, pursuant to
Section 488.405.
(7) Personal property used as a dwelling, pursuant to subdivision
(a) of Section 700.080.
(8) Deposit accounts, pursuant to Section 488.455.
(9) Property in a safe-deposit box, pursuant to Section 488.460.
(10) Accounts receivable or general intangibles, pursuant to
Section 488.470.
(11) Final money judgments, pursuant to Section 488.480.
(12) Interest of a defendant in personal property in the estate of
a decedent, pursuant to Section 488.485.
(b) Before levying under the writ of attachment, 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 2 (commencing with Section 488.300).
(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 488.610
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 attachment.
(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
attachment on other persons, as required by Article 2 (commencing
with Section 488.300).
(4) Instructions in writing, as required by the provisions of
Section 488.030.
(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 attached. The levying officer is not liable for actions taken
in conformance with the provisions of this title in reliance on
information provided to the levying officer under subdivision (d),
except to the extent that the levying officer has actual knowledge
that the information is incorrect. Nothing in this subdivision limits
any liability the plaintiff or registered process server may have if
the levying officer acts on the basis of incorrect information
provided under subdivision (d).
(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.

488.090. Except as otherwise provided by statute, where the method
of levy upon property requires that property be taken into custody or
where the levying officer is otherwise directed to take property
into custody, the levying officer may do so by any of the following
methods:
(a) Removing the property to a place of safekeeping.
(b) Installing a keeper.
(c) Otherwise obtaining possession or control of the property.

488.100. The levying officer has a special lien, dependent upon
possession, on personal property levied upon in the amount of the
levying officer's costs for which an advance has not been made.

488.110. A third person shall claim an interest in property
attached in the manner provided for third-party claims under Division
4 (commencing with Section 720.010) of Title 9.

488.120. In any case where property has been levied upon and,
pursuant to a levy, a copy of the writ of attachment and a notice of
attachment are required by statute to be posted or to be served on or
mailed to the defendant or other person, failure to post, serve, or
mail the copy of the writ and the notice does not affect the
attachment lien created by the levy.

488.130. (a) The levying officer to whom the writ of attachment is
delivered shall return the writ to the court from which the writ
issued, together with a report of the levying officer's actions. The
return shall be made promptly in accordance with the plaintiff's
instructions given to the levying officer but in no event later than
60 days after the levying officer receives the writ.
(b) The levying officer shall make a full inventory of property
attached and return the inventory with the writ.

488.140. (a) The levying officer or registered process server is
not liable for actions taken in conformance with the provisions of
this title, including actions taken in conformance with the
provisions of this title in reliance on information contained in the
written instructions of the plaintiff except to the extent the
levying officer or registered process server has actual knowledge
that the information is incorrect. Nothing in this subdivision limits
any liability the plaintiff may have if the levying officer or
registered process server acts on the basis of incorrect information
given in the written instructions.
(b) Unless the levying officer is negligent in the care or
handling of the property, the levying officer is not liable to either
the plaintiff or the defendant for loss by fire, theft, injury, or
damage of any kind to personal property while (1) in the possession
of the levying officer either in a warehouse or other storage place
or in the custody of a keeper or (2) in transit to or from a
warehouse or other storage place.