SECTIONS 488.600-488.620 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 488.600-488.620

488.600. (a) Sections 701.010, 701.020, 701.040, 701.050, 701.060,
and 701.070 prescribe duties and liabilities of a third person under
a levy made under this title.
(b) For the purposes of this section, references in Sections
701.010, 701.020, 701.040, 701.050, and 701.060 to:
(1) "Amount required to satisfy the judgment" shall be deemed
references to the amount required to satisfy the amount to be secured
by the attachment.
(2) "Execution lien" or "lien" shall be deemed references to the
attachment lien.
(3) "Judgment creditor" shall be deemed references to the
plaintiff.
(4) "Judgment debtor" shall be deemed references to the defendant.
(5) "Levy" shall be deemed references to levy of attachment.
(6) "Notice of levy" shall be deemed references to notice of
attachment.
(7) "Release" of property shall be deemed references to release of
property pursuant to this title.
(8) "Satisfaction or discharge of the judgment" shall be deemed
references to the satisfaction or termination of the attachment.
(9) "Writ" or "writ of execution" shall be deemed references to a
writ of attachment.
(c) For the purposes of this section, references in Section
701.070 to:
(1) "Levy" shall be deemed references to levy of attachment.
(2) "Notice of the levy" shall be deemed references to notice of
attachment.

488.610. (a) At the time of service of a copy of the writ of
attachment and a notice of attachment on a third person, the levying
officer shall request the third person to give the levying officer a
garnishee's memorandum containing the information required by this
section. Within 10 days after the request is made, the third person
shall mail or deliver the garnishee's memorandum to the levying
officer whether or not the levy is effective.
(b) The garnishee's memorandum shall be executed under oath and
shall contain the following information:
(1) A description of any property of the defendant sought to be
attached that is not delivered to the levying officer and the reason
for not delivering the property.
(2) A statement of the amount and terms of any obligation to the
defendant sought to be attached that is due and payable and is not
paid to the levying officer and the reason for not paying the
obligation.
(3) A statement of the amount and terms of any obligation to the
defendant sought to be attached that is not due and payable at the
time of levy.
(4) A description of claims and rights of other persons to the
attached property or obligation that are known to the third person
and the names and addresses of those other persons.
(c) If a garnishee's memorandum is received from the third person,
the levying officer shall promptly mail or deliver a copy of the
memorandum to the plaintiff and attach the original to the writ when
it is returned to the court. If a garnishee's memorandum is not
received from the third person, the levying officer shall so state in
the return.
(d) Except as provided in subdivisions (e) and (f), if a third
person does not give the levying officer a garnishee's memorandum
within the time provided in subdivision (a) or does not provide
complete information, the third person may, in the court's
discretion, be required to pay the costs and reasonable attorney's
fees incurred in any proceedings to obtain the information required
in the garnishee's memorandum.
(e) Notwithstanding subdivision (a), where a deposit account or
property in a safe deposit box is attached, the financial institution
need not give a garnishee's memorandum to the levying officer if the
financial institution fully complies with the levy and, if a
garnishee's memorandum is required, the garnishee's memorandum need
provide information with respect only to property which is carried on
the records available at the office or branch where the levy is
made.
(f) Notwithstanding subdivision (a), the third person need not
give a garnishee's memorandum to the levying officer if both of the
following conditions are satisfied:
(1) The third person has delivered to the levying officer all of
the property sought to be attached.
(2) The third person has paid to the levying officer the amount
due at the time of levy on any obligation to the defendant that was
attached and there is no additional amount that thereafter will
become payable on the obligation levied upon.

488.620. A third person who gives a garnishee's memorandum pursuant
to this title is not liable to any person for the disclosure in the
garnishee's memorandum of any information contained in the garnishee'
s memorandum.