SECTIONS 488.300-488.485 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 488.300-488.485

488.300. If the method of levy under a writ of execution is
incorporated by this article, for the purposes of this article
references in Article 4 (commencing with Section 700.010) of Chapter
3 of Division 2 of Title 9 to:
(a) "Judgment creditor" shall be deemed references to the
plaintiff.
(b) "Judgment debtor" shall be deemed references to the defendant.
(c) "Notice of levy" shall be deemed references to a notice of
attachment.
(d) "Writ" shall be deemed references to a writ of attachment.

488.305. At the time of levy pursuant to this article or promptly
thereafter, the levying officer shall serve a copy of the writ of
attachment and a notice of attachment on the defendant.

488.315. To attach real property, the levying officer shall comply
with Section 700.015 and the recorder shall index the copy of the
writ of attachment and a notice of attachment as provided in that
section.

488.325. To attach (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 comply with Section 700.020
and the recorder shall index the copy of the writ of attachment and a
notice of attachment as provided in that section.

488.335. Unless another method of attachment is provided by this
article, to attach tangible personal property in the possession or
under the control of the defendant, the levying officer shall take
the property into custody.

488.345. Unless another method of attachment is provided by this
article, to attach tangible personal property in the possession or
under the control of a third person, the levying officer shall comply
with Section 700.040.

488.355. (a) To attach personal property in the custody of a
levying officer, the plaintiff or levying officer shall comply with
subdivision (a) of Section 700.050.
(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 4 (commencing with Section
488.600).

488.365. To attach 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
comply with Section 700.060.

488.375. (a) Except as provided by Section 488.385, to attach
equipment of a going business in the possession or under the control
of the defendant, the levying officer shall file with the office of
the Secretary of State a notice of attachment, in the form prescribed
by the Secretary of State, which shall contain all of the following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the
cause and number of the action.
(4) A description of the specific property attached.
(5) A statement that the plaintiff has acquired an attachment lien
on the specified property of the defendant.
(b) Upon presentation of a notice of attachment under this section
for filing, and tender of the filing fee to the office of the
Secretary of State, the notice of attachment shall be filed, marked,
and indexed in the same manner as a financing statement. The fee for
filing in the office of the Secretary of State is the same as the fee
for filing a financing statement in the standard form.
(c) Upon the request of any person, the Secretary of State shall
issue a certificate showing whether there is on file in that office
on the date and hour stated therein any notice of attachment filed
against the equipment of a particular person named in the request. If
a notice of attachment is on file, the certificate shall state the
date and hour of filing of each such notice and any notice affecting
any such notice of attachment and the name and address of the
plaintiff. Upon request, the Secretary of State shall furnish a copy
of any notice of attachment or notice affecting a notice of
attachment. The certificate shall be issued as part of a combined
certificate pursuant to Section 9528 of the Commercial Code, and the
fee for the certificate and copies shall be in accordance with that
section.
(d) The fee for filing, indexing, and furnishing filing data for a
notice of extension of attachment is the same as the fee for a
continuation statement under Section 9525 of the Commercial Code. The
fee for filing, indexing, and furnishing filing data for a notice of
release of attachment is the same as the fee for a statement of
release under Section 9525 of the Commercial Code.
(e) If property subject to an attachment lien under this section
becomes a fixture (as defined in Section 9313 of the Commercial
Code), the attachment lien under this section is extinguished.

488.385. (a) To attach a vehicle or vessel for which a certificate
of ownership has been issued by the Department of Motor Vehicles, or
a mobilehome or commercial coach for which a certificate of title has
been issued by the Department of Housing and Community Development,
which is equipment of a going business in the possession or under the
control of the defendant, the levying officer shall file with the
appropriate department a notice of attachment, in the form prescribed
by the appropriate department, which shall contain all of the
following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the
cause and number of the action.
(4) A description of the specific property attached.
(5) A statement that the plaintiff has acquired an attachment lien
on the specific property of the defendant.
(b) Upon presentation of a notice of attachment, notice of
extension, or notice of release under this section for filing and
tender of the filing fee to the appropriate department, the notice
shall be filed and indexed. The fee for filing and indexing the
notice is fifteen dollars ($15).
(c) Upon the request of any person, the department shall issue its
certificate showing whether there is on file in that department on
the date and hour stated therein any notice of attachment filed
against the property of a particular person named in the request. If
a notice of attachment is on file, the certificate shall state the
date and hour of filing of each such notice of attachment and any
notice affecting any such notice of attachment and the name and
address of the plaintiff. The fee for the certificate issued pursuant
to this subdivision is fifteen dollars ($15). Upon request, the
department shall furnish a copy of any notice of attachment or notice
affecting a notice of attachment for a fee of one dollar ($1) per
page.
(d) If property subject to an attachment lien under this section
becomes a fixture (as defined in paragraph (41) of subdivision (a) of
Section 9102 of the Commercial Code), the attachment lien under this
section is extinguished.

488.395. Except as specified in subdivision (e) and as provided by
Sections 488.325 and 488.405:
(a) To attach farm products or inventory of a going business in
the possession or under the control of the defendant, the levying
officer shall place a keeper in charge of the property for the period
prescribed by subdivisions (b) and (c). During the keeper 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 plaintiff.
(b) Subject to subdivision (c), the period during which the
business may continue to operate under the keeper is:
(1) Ten days, if the defendant is a natural person and the writ of
attachment has been issued ex parte pursuant to Article 3
(commencing with Section 484.510) of Chapter 4 or pursuant to Chapter
5 (commencing with Section 485.010).
(2) Two days, in cases not described in paragraph (1).
(c) Unless some other disposition is agreed upon by the plaintiff
and the defendant, the levying officer shall take the farm products
or inventory into exclusive custody at the earlier of the following
times:
(1) At any time the defendant objects to placement of a keeper in
charge of the business.
(2) At the conclusion of the applicable period prescribed by
subdivision (b).
(d) A defendant described in paragraph (1) of subdivision (b) may
claim an exemption pursuant to subdivision (b) of Section 487.020 by
following the procedure set forth in subdivision (c) of Section
482.100 except that the requirement of showing changed circumstances
under subdivision (a) of Section 482.100 does not apply. Upon a
showing that the property is exempt pursuant to subdivision (b) of
Section 487.020, the court shall order the release of the exempt
property and may make such further order as the court deems
appropriate to protect against frustration of the collection of the
plaintiff's claim. The order may permit the plaintiff to attach farm
products or inventory of the going business and proceeds or
after-acquired property, or both, by filing pursuant to Section
488.405 and may provide reasonable restrictions on the disposition of
the property previously attached.
(e) This section does not apply to the placement of a keeper in a
business for the purpose of attaching tangible personal property
consisting solely of money or equivalent proceeds of sales, which
shall be conducted in the same manner as provided in Section 700.070.

488.405. (a) This section provides an alternative method of
attaching farm products or inventory of a going business in the
possession or under the control of the defendant, but this section
does not apply to property described in Section 488.325. This section
applies if the plaintiff instructs the levying officer to attach the
farm products or inventory under this section.
(b) To attach under this section farm products or inventory of a
going business in the possession or under the control of the
defendant, the levying officer shall file a notice of attachment with
the Secretary of State.
(c) Except as provided in subdivisions (d) and (e), the filing of
the notice of attachment gives the plaintiff an attachment lien on
all of the following:
(1) The farm products or inventory described in the notice.
(2) Identifiable cash proceeds (as that term is used in Section
9315 of the Commercial Code).
(3) If permitted by the writ of attachment or court order,
after-acquired property.
(d) The attachment lien created by the filing of the notice of
attachment under this section does not extend to either of the
following:
(1) A vehicle or vessel required to be registered with the
Department of Motor Vehicles or a mobilehome or commercial coach
required to be registered pursuant to the Health and Safety Code.
(2) The inventory of a retail merchant held for sale except to the
extent that the inventory of the retail merchant consists of durable
goods having a unit retail value of at least five hundred dollars
($500). For the purposes of this paragraph, "retail merchant" does
not include (A) a person whose sales for resale exceeded 75 percent
in dollar volume of the person's total sales of all goods during the
12 months preceding the filing of the notice of attachment or (B) a
cooperative association organized pursuant to Chapter 1 (commencing
with Section 54001) of Division 20 of the Food and Agricultural Code
(agricultural cooperative associations) or Part 3 (commencing with
Section 13200) of Division 3 of Title 1 of the Corporations Code
(Fish Marketing Act).
(e) If property subject to an attachment lien under this section
becomes a fixture (as defined in paragraph (41) of subdivision (a) of
Section 9102 of the Commercial Code), the attachment lien under this
section is extinguished.
(f) The notice of attachment shall be in the form prescribed by
the Secretary of State and shall contain all of the following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the
cause and number of the action.
(4) A description of the farm products and inventory attached.
(5) A statement that the plaintiff has acquired an attachment lien
on the described property and on identifiable cash proceeds (as that
term is used in Section 9315 of the Commercial Code) and, if
permitted by the writ of attachment or court order, on after-acquired
property.
(g) Upon presentation of a notice of attachment under this section
for filing and tender of the filing fee to the office of the
Secretary of State, the notice of attachment shall be filed, marked,
and indexed in the same manner as a financing statement. The fee for
filing in the office of the Secretary of State is the same as the fee
for filing a financing statement in the standard form.
(h) Upon the request of any person, the Secretary of State shall
issue a certificate showing whether there is on file in that office
on the date and hour stated therein any notice of attachment filed
against the farm products or inventory of a particular person named
in the request. If a notice of attachment is on file, the certificate
shall state the date and hour of filing of each such notice of
attachment and any notice affecting any such notice of attachment and
the name and address of the plaintiff. Upon request, the Secretary
of State shall furnish a copy of any notice of attachment or notice
affecting a notice of attachment. The certificate shall be issued as
part of a combined certificate pursuant to Section 9528 of the
Commercial Code, and the fee for the certificate and copies shall be
in accordance with that section.
(i) The fee for filing, indexing, and furnishing filing data for a
notice of extension of attachment is the same as the fee for a
continuation statement under Section 9525 of the Commercial Code. The
fee for filing, indexing, and furnishing filing data for a notice of
release of attachment is the same as the fee for a statement of
release under Section 9519 of the Commercial Code.

488.415. To attach personal property used as a dwelling, the
levying officer shall comply with Section 700.080.

488.425. If a vehicle or vessel is attached and a certificate of
ownership has been issued by the Department of Motor Vehicles for the
vehicle or vessel and the certificate of ownership is still in
effect, or if a mobilehome or commercial coach is attached and a
certificate of title has been issued by the Department of Housing and
Community Development for the mobilehome or commercial coach and the
certificate of title is still in effect, the levying officer shall
comply with Section 700.090.

488.435. (a) To attach chattel paper, the levying officer shall
comply with Section 700.100.
(b) In addition to any other rights created by a levy on chattel
paper, the levy creates a lien on the defendant's rights in specific
goods subject to the chattel paper.

488.440. To attach an instrument, the levying officer shall comply
with Section 700.110.

488.445. To attach a negotiable document of title, the levying
officer shall comply with Section 700.120.

488.450. To attach 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 attachment and notice of attachment on the person who
is to be served.

488.455. (a) Subject to Section 488.465, to attach a deposit
account, the levying officer shall personally serve a copy of the
writ of attachment and a notice of attachment on the financial
institution with which the deposit account is maintained, or shall
personally serve the writ of attachment and notice of attachment on a
centralized location within the county designated by the financial
institution. If the writ of attachment 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 attachment 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 and notice of
attachment.
(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of attachment and a notice of
attachment on any third person in whose name the deposit account
stands.
(c) During the time the attachment 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 attached. 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 attachment 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 attachment.
(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 attached pursuant to this section is paid to
the levying officer, the attachment lien on the attached deposit
account 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.
(g) When a deposit account has been attached, as an alternative to
paying the amount of the deposit account that is attached to the
levying officer as required by Section 488.600, the financial
institution may continue to hold the deposit account until the
deposit account is levied upon after judgment in the action or is
earlier released, the deposit account to be held in one of the
following manners:
(1) If the entire deposit account is attached, the financial
institution may hold the deposit account on the terms applicable
before the attachment, subject to the requirements of subdivision
(c).
(2) If less than the entire deposit account is attached:
(A) With the consent of the defendant, and any third person in
whose name the deposit account stands, the financial institution may
hold in the deposit account on the same terms an amount larger than
the attached amount as necessary to avoid a penalty or a reduction of
the rate of interest.
(B) If the defendant, and any third person in whose name the
deposit account stands, do not consent as provided in subparagraph
(A), the financial institution may hold the attached amount on the
same terms affecting the deposit account before the attachment,
subject to the requirements of subdivision (c).
(3) The financial institution may hold the attached deposit
account in any other manner agreed upon by the plaintiff, the
defendant, and any third person in whose name the deposit account
stands.
(h) Subdivision (g) does not prevent a financial institution that
is holding an attached deposit account as provided in subdivision (g)
from paying the attached amount to the levying officer before the
time the financial institution otherwise is required to pay the
amount under subdivision (g).

488.460. (a) Subject to Section 488.465, to attach property in a
safe-deposit box, the levying officer shall personally serve a copy
of the writ of attachment and a notice of attachment 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 attachment and a notice of
attachment on any third person in whose name the safe-deposit box
stands.
(c) During the time the attachment 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 488.610, 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 plaintiff 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 attachment of the attached
property. The financial institution may refuse to permit the forcible
opening of the safe-deposit box to permit the removal of the
attached property unless the plaintiff pays in advance the cost of
forcibly opening the safe-deposit box and of repairing any damage
caused thereby.
(f) During the time the attachment 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 attachment.
(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 attachment.

488.465. (a) Except as provided in subdivision (b), a deposit
account or safe-deposit box standing in the name of a person other
than the defendant, either alone or together with other third
persons, is not subject to levy under Section 488.455 or 488.460
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 attachment and the notice of attachment 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 defendant, whether alone or together with third persons.
(2) The defendant's spouse, whether alone or together with other
third persons. An affidavit showing that the person in whose name the
account stands is the defendant'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 defendant or (B) the defendant's spouse or (C)
the defendant and the defendant'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 defendant's spouse shall also be delivered to the
financial institution at the time of levy.
(c) In any case where a deposit account in the name of a person
other than the defendant, whether alone or together with the
defendant, 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 attachment on the
third person.

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

488.475. (a) The following property may be attached 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 defendant or in the custody of a levying officer.
(4) The interest of a defendant 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), attachment of property
that is the subject of an action or special proceeding pending at the
time of the attachment is not effective.
(c) If attachment is attempted but is ineffective under
subdivision (b) and the levying officer has requested a garnishee's
memorandum under Section 488.610 in connection with the ineffective
attachment, the garnishee's memorandum shall include the following
information in addition to that required by Section 488.610:
(1) A statement that the attachment of the property is not
effective because the property is the subject of a pending action or
special proceeding.
(2) The title of the court and the 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
plaintiff to obtain a lien pursuant to Article 3 (commencing with
Section 491.410) of Chapter 11.

488.480. (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 attach a final money judgment, the levying officer shall
file a copy of the writ of attachment and a notice of attachment 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 attachment lien and the time it was created. If an
abstract of the judgment is issued, it shall include a statement of
the attachment lien in favor of the plaintiff.
(c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of attachment and a notice of
attachment on the judgment debtor obligated to pay the final money
judgment attached.

488.485. (a) To attach the interest of the defendant 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 of attachment and a notice of attachment on
the personal representative of the decedent. The attachment does not
impair the powers of the representative over the property for the
purposes of administration.
(b) The personal representative shall report the attachment to the
court in which the estate is being administered when any petition
for distribution is filed. If a decree orders distribution to the
defendant, the court making the decree shall order the attached
property to be deliverd to the levying officer. The property may not
be delivered to the levying officer until the decree distributing the
propety has become final. To the extent the property delivered to
the levying officer is not necessary to satisfy the attachment, it
shall be released to the defendant.
(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 defendant. Notwithstanding
Sections 484.070, 484.350, 484.530, and 485.610, a claim of exemption
for the property described in the notice may be made within 10 days
after the notice was served on the defendant.