SECTIONS 687.010-687.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 687.010-687.050

687.010. (a) The judgment creditor shall give the levying officer
instructions in writing. The instructions shall include the signature
and name of the judgment creditor's attorney of record or, if the
judgment creditor does not have an attorney of record, by the
judgment creditor. The instructions shall contain the information
needed or requested by the levying officer to comply with 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.
(4) The name of the judgment debtor. If the judgment debtor is
other than a natural person, the type of legal entity shall be
stated.
(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.
(d) The levying officer instructions may be transmitted
electronically to the levying officer pursuant to Chapter 2
(commencing with Section 263) of Title 4 of Part 1.

687.020. (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.
(b) If an instrument is payable to the judgment debtor on demand
and comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.
(c) The levying officer shall endorse the instrument by writing on
the instrument (1) the name of the judgment debtor, (2) the name and
official title of the levying officer, (3) the title of the court
where the judgment is entered, and (4) the date of entry of the
judgment and where entered in the records of the court. The
endorsement is as valid as if the instrument were endorsed by the
judgment debtor. No financial institution or public entity on which
the instrument is drawn is liable to any person for payment of the
instrument to the levying officer rather than to the judgment debtor
by reason of the endorsement. No levying officer is liable by reason
of endorsing, presenting, and obtaining payment of the instrument.
(d) If it appears from the face of the instrument that it has been
tendered to the judgment debtor in satisfaction of a claim or demand
and that endorsement of the instrument is considered a release and
satisfaction by the judgment debtor of the claim or demand, the
levying officer shall not endorse the instrument unless the judgment
debtor has first endorsed it to the levying officer. If the judgment
debtor does not endorse the instrument to the levying officer, the
levying officer shall hold the instrument for 30 days and is not
liable to the judgment debtor or to any other person for delay in
presenting it for payment. At the end of the 30-day holding period,
the levying officer shall return the instrument to the maker.

687.030. Except as otherwise provided by statute, where the method
of levy upon property requires that the 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.

687.040. (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 judgment creditor, or in reliance on
information provided to the levying officer by a registered process
server pursuant to subdivision (d) of Section 699.080 or subdivision
(e) of Section 706.101 or subdivision (b) of Section 715.040 or other
provision, 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
judgment creditor 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 judgment debtor or the judgment creditor 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.

687.050. 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.