Levy Procedures; Lien of Attachment; Management and Disposition of Attached PropertyManagement and Disposition of Attached Property

Section § 488.700

Explanation

This law section talks about how the court can handle property that's been or is about to be seized as part of a legal case. If the property is at risk of losing value or is perishable, the court can appoint someone called a receiver to take care of it or order a sale. The court may also let the officer responsible for seizing the property take action if the situation is urgent. When the property is sold, the money goes to the court until a judgment is made. If a receiver is appointed, the court decides how they're paid, and it might come from the sale proceeds.

(a)CA Civil Procedure Code § 488.700(a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of the property, including but not limited to selling the property, if the court determines that the property is perishable or will greatly deteriorate or greatly depreciate in value or that for some other reason the interests of the parties will be best served by the order. An order may be made under this subdivision upon application of the plaintiff, the defendant, or a person who has filed a third-party claim pursuant to Division 4 (commencing with Section 720.010) of Title 9. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte.
(b)CA Civil Procedure Code § 488.700(b) If the levying officer determines that property is extremely perishable or will greatly deteriorate or greatly depreciate in value before a court order pursuant to subdivision (a) could be obtained, the levying officer may take any action necessary to preserve the value of the property or may sell the property. The levying officer is not liable for a determination made in good faith under this subdivision.
(c)CA Civil Procedure Code § 488.700(c) Except as otherwise provided by order of the court, a sale of the property pursuant to this section shall be made in the manner provided by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9 and the proceeds shall be deposited in the court to abide the judgment in the action. Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of sale shall be posted and served at a reasonable time before sale, considering the character and condition of the property.
(d)CA Civil Procedure Code § 488.700(d) If a receiver is appointed, the court shall fix the daily fee of the receiver and may order the plaintiff to pay the fees and expenses of the receiver in advance or may direct that the whole or any part of the fees and expenses be paid from the proceeds of any sale of the property. Except as otherwise provided in this section, the provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this section.
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Section § 488.710

Explanation
This law explains what should happen when a payment instrument, like a check or money order, payable to a defendant gets into the hands of a levying officer. The officer must endorse and present it for payment, writing specific details on it. The payment to the officer is valid, no bank is in trouble for paying the officer instead of the defendant, and the officer is not responsible for doing this. If the instrument was a settlement offer, the officer can't endorse it until the defendant does. If the defendant doesn't sign it, the officer must hold it for 30 days before sending it back to the issuer.
(a)CA Civil Procedure Code § 488.710(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)CA Civil Procedure Code § 488.710(b) If an instrument is payable to the defendant 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)CA Civil Procedure Code § 488.710(c) The levying officer shall endorse the instrument by writing on the instrument (1) the name of the defendant, (2) the name and official title of the levying officer, and (3) the title of the court and the cause in which the writ was issued. The endorsement is as valid as if the instrument were endorsed by the defendant. 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 defendant by reason of the endorsement. No levying officer is liable by reason of endorsing, presenting, and obtaining payment of the instrument. The funds or credit resulting from the payment of the instrument shall be held by the levying officer subject to the lien of attachment.
(d)CA Civil Procedure Code § 488.710(d) If it appears from the face of the instrument that it has been tendered to the defendant in satisfaction of a claim or demand and that endorsement of the instrument is considered a release and satisfaction by the defendant of the claim or demand, the levying officer shall not endorse the instrument unless the defendant has first endorsed it to the levying officer. If the defendant 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 defendant 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.
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Section § 488.720

Explanation

If you're a defendant and your property has been attached in a court case, you can ask the court to release some of it if its value is much higher than what you owe. You do this by filing a motion with reasons and supporting documents. In a hearing, the court will decide the property’s value and release any excess. This decision can include considering other property that could be used to cover the debt if needed. The court uses the case files but can also look at new evidence if necessary.

(a)CA Civil Procedure Code § 488.720(a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action was entered for an order releasing the attachment of property to the extent that the value of the defendant’s interest in the property clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment.
(b)CA Civil Procedure Code § 488.720(b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
(c)CA Civil Procedure Code § 488.720(c) At the hearing on the motion, the court shall determine the value of the defendant’s interest in the property and order the release of the attachment of the property to the extent that the value of the defendant’s interest in the property attached clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. After entry of judgment in the action in which the property was attached, the court shall also take into consideration in determining whether the attachment is clearly excessive the value of any property not attached in the action that (1) has been levied upon pursuant to a writ of execution issued to satisfy the judgment in the action or (2) otherwise has been sought to be applied to the satisfaction of the judgment in the action.
(d)CA Civil Procedure Code § 488.720(d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities.
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Section § 488.730

Explanation

This law explains how and when a levying officer should release property that has been attached due to a legal process to secure a claim. The officer can release the property if instructed by the plaintiff's attorney or the plaintiff, if there's a court order, or if required by law. Once released, the attachment lien on the property is removed. If the taken property was in custody, it should be returned to the original owner unless the court orders otherwise. If the owner doesn't claim it, the officer can sell the property after 30 days and deposit the proceeds with the county. For property not taken into custody, a written release notice must be issued. If the lien was created by filing a writ, a notice of release must be filed in the same place. The officer isn't liable for properly releasing an attachment according to these rules, nor is anyone else for acting based on the release.

(a)CA Civil Procedure Code § 488.730(a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, from the plaintiff or when the levying officer receives a certified copy of a court order for release or when otherwise required to release the property. The release extinguishes any attachment lien in favor of the plaintiff on the property released.
(b)CA Civil Procedure Code § 488.730(b) If the property to be released has been taken into custody under the levy, it shall be released to the person from whom it was taken unless otherwise ordered by the court. If the person does not claim the property to be released, the levying officer shall retain custody of the property and shall serve on the person a notice of where possession of the property may be obtained. If the person does not claim the property within 30 days after the notice is served, the levying officer shall sell the property (other than cash which does not have a value exceeding its face value) in the manner provided by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The levying officer shall deposit the proceeds of sale and cash, after first deducting the levying officer’s costs, with the county treasurer of the county where the property is located payable to the order of the person. If the amount deposited is not claimed by the person or the legal representative of the person within five years after the deposit is made, by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county.
(c)CA Civil Procedure Code § 488.730(c) If the property to be released has not been taken into custody under the levy, the levying officer shall release the attachment by issuing a written notice of release and serving it on the person who was served with a copy of the writ and a notice of attachment to create the lien.
(d)CA Civil Procedure Code § 488.730(d) If the property to be released was levied upon by recording or filing a copy of the writ and a notice of attachment, the levying officer shall record or file a written notice of release in the same office. If the notice of attachment had been filed with the Secretary of State, any release shall have the effect prescribed in Section 697.650.
(e)CA Civil Procedure Code § 488.730(e) The levying officer is not liable for releasing an attachment in accordance with this section and no other person is liable for acting in conformity with the release.
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Section § 488.740

Explanation

If the court decides in favor of the defendant, and no further motions or appeals are pending, any assets or property taken from the defendant during the legal process must be returned to them. The court will also cancel any claims or holds on the defendant's property.

If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a new trial is filed and served and is pending and no appeal is perfected and undertaking executed and filed as provided in Section 921, any undertaking received from the defendant in the action, all the proceeds of sales and money collected by the levying officer, and all the property attached remaining in the levying officer’s hands shall be delivered to the person from whom it was collected or taken, unless otherwise ordered by the court; and the court shall order the discharge of any attachment made in the action and the release of any property held thereunder.
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