Levy and Lien Attachments in Civil Actions

The Code of Civil Procedure, in Patt 2, Title 6.5, Chapter 8, Article 1, provides general provisions related to attachments used in California civil actions. Section 488.010 requires a writ of attachment to include five specified items of information.

Section 488.020 requires a writ of attachment to 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.

Section 488.030 requires the plaintiff to give the levying officer instructions in writing. The instructions are to 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 must contain the information needed or requested by the levying officer to comply with the provisions of this title including specified items. The levying officer may rely on any information contained in the written instructions.

Section 488.040 provides that, 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 is required to include in the instructions to the levying officer the correct name and address of the person. The plaintiff must use reasonable diligence to ascertain the correct name and address of the person.

Section 488.050 states that, as a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff is required to deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty. 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 is required to release the property.

Section 488.060 requires the notice of attachment to inform the person notified of all five specified items.

Section 488.065 specifies that 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, must suffice as the notice of attachment to that person.

Section 488.070 states that, 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, then the levying officer has to comply with specified laws and the plaintiff may obtain relief.

Section 488.080 specifies that a registered process server may levy under a writ of attachment on twelve different types of property specified in this section. Before levying under the writ of attachment, the registered process server must cause to be deposited with the levying officer a copy of the writ and the fee. If a registered process server levies on property, the registered process server is required to do two things. In addition, within five court days after levy, four specified items must be filed with the levying officer.

Section 488.090 states that, 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 three specified methods.

Section 488.100 provides that 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.

Section 488.110 requires a third party to claim an interest in property attached in the manner provided for third-party claims under Division 4 of Title 9.

Section 488.120 provides that, if there is a failure to post, serve, or mail a copy of the writ, it does not affect the attachment lien created by the levy.

Section 488.130 requires the levying officer to whom the writ of attachment is delivered to return the writ to the court from which the writ issued, together with a report of the levying officer’s actions. The report, along with a listing of inventory, must be made no later than 60 days after the levying officer receives the writ.

Section 488.140 states that the levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, And, 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. 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 it is in their possession or in transit.