Section § 488.300

Explanation

This section explains that when a certain type of legal process called a 'writ of execution' is used, specific terms used in other related laws will be interpreted differently in this context. Specifically, 'judgment creditor' means the person who started the legal action (the plaintiff), 'judgment debtor' refers to the person being sued (the defendant), 'notice of levy' is another term for 'notice of attachment,' and 'writ' refers to a 'writ of attachment.'

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)CA Civil Procedure Code § 488.300(a) “Judgment creditor” shall be deemed references to the plaintiff.
(b)CA Civil Procedure Code § 488.300(b) “Judgment debtor” shall be deemed references to the defendant.
(c)CA Civil Procedure Code § 488.300(c) “Notice of levy” shall be deemed references to a notice of attachment.
(d)CA Civil Procedure Code § 488.300(d) “Writ” shall be deemed references to a writ of attachment.

Section § 488.305

Explanation
When property is being seized (levy) under this law, the officer in charge must give the defendant a copy of the court order and a notice about what's happening, either at the time of the seizure or shortly after.
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.

Section § 488.315

Explanation

If someone wants to legally seize or place a hold on real estate, a specific process must be followed. This involves an officer taking action according to certain rules and filing the necessary documents, so they are properly recorded and indexed by the recorder.

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.

Section § 488.325

Explanation
This law explains how to legally seize growing crops, timber to be cut, minerals like oil and gas before extraction, or accounts receivable from their sale. The process involves the levying officer following certain procedures and the recorder officially noting the attachment through specific paperwork and indexing actions.
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.

Section § 488.335

Explanation

This law explains that if someone wants to legally seize physical items that the person they're suing has, and if no other specific method is given, the responsible officer must physically take the item into their custody.

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.

Section § 488.345

Explanation

This law states that if you want to seize physical personal belongings that someone else holds, you have to follow the rules outlined in another section, specifically Section 700.040.

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.

Section § 488.355

Explanation
This section specifies what must be done when personal property is in the hands of a levying officer and needs to be attached, which means legally seizing it as part of a court order. The person wanting to attach the property, or the officer in charge, must follow a specific procedure under a different section (700.050). Also, the levying officer must handle multiple court orders about the property in the order they are received and doesn’t have to follow certain rules listed in another article (Article 4).
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.355(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).

Section § 488.365

Explanation

If you want to legally seize goods that are being held by someone other than the owner, and that person has not given out a specific kind of document that shows ownership can be transferred, the officer in charge of taking the goods must follow a certain procedure according to another section of the law.

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.

Section § 488.375

Explanation

When someone wants to temporarily seize a business's equipment in California, specific steps must be followed. A filing called a notice of attachment must be made with the Secretary of State's office. This notice includes details like the names and addresses of the people involved and descriptions of the property. There are fees for filing this notice, similar to other business filings. If the equipment becomes permanently part of a property, the right to seize it no longer applies.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.375(a)(1) The name and mailing address of the plaintiff.
(2)CA Civil Procedure Code § 488.375(a)(2) The name and last known mailing address of the defendant.
(3)CA Civil Procedure Code § 488.375(a)(3) The title of the court where the action is pending and the cause and number of the action.
(4)CA Civil Procedure Code § 488.375(a)(4) A description of the specific property attached.
(5)CA Civil Procedure Code § 488.375(a)(5) A statement that the plaintiff has acquired an attachment lien on the specified property of the defendant.
(b)CA Civil Procedure Code § 488.375(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)CA Civil Procedure Code § 488.375(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)CA Civil Procedure Code § 488.375(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)CA Civil Procedure Code § 488.375(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.

Section § 488.385

Explanation

If you want to legally claim someone else's vehicle, boat, or mobile home because they owe you money, you must let the right government department know. You do this by filing a notice called an attachment, which costs $15. This notice will include details like your name, the person who owes you, and the court case information. If someone asks, the department can provide a certificate stating whether such a notice exists, and this also costs $15. If you need a copy of the notice, it's $1 per page. However, if the property becomes permanently attached to land, like a built-in appliance, your claim goes away.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.385(a)(1) The name and mailing address of the plaintiff.
(2)CA Civil Procedure Code § 488.385(a)(2) The name and last known mailing address of the defendant.
(3)CA Civil Procedure Code § 488.385(a)(3) The title of the court where the action is pending and the cause and number of the action.
(4)CA Civil Procedure Code § 488.385(a)(4) A description of the specific property attached.
(5)CA Civil Procedure Code § 488.385(a)(5) A statement that the plaintiff has acquired an attachment lien on the specific property of the defendant.
(b)CA Civil Procedure Code § 488.385(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)CA Civil Procedure Code § 488.385(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)CA Civil Procedure Code § 488.385(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.

Section § 488.395

Explanation

This law deals with how authorities can temporarily take control of a business's farm products or inventory to secure a debt. A 'keeper' is placed to oversee business operations, allowing normal sales to continue for a limited time—10 days if the business owner is an individual, or 2 days otherwise. The business stays open as long as sales are cash or check. If the business owner objects or the period ends, the officer takes full control. Some business owners can claim exemptions to stop this process, while specific rules exist if only cash or equivalent proceeds are being secured. Exotic situations like this have separate procedures under another section.

Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405:
(a)CA Civil Procedure Code § 488.395(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)CA Civil Procedure Code § 488.395(b) Subject to subdivision (c), the period during which the business may continue to operate under the keeper is:
(1)CA Civil Procedure Code § 488.395(b)(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)CA Civil Procedure Code § 488.395(b)(2) Two days, in cases not described in paragraph (1).
(c)CA Civil Procedure Code § 488.395(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)CA Civil Procedure Code § 488.395(c)(1) At any time the defendant objects to placement of a keeper in charge of the business.
(2)CA Civil Procedure Code § 488.395(c)(2) At the conclusion of the applicable period prescribed by subdivision (b).
(d)CA Civil Procedure Code § 488.395(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)CA Civil Procedure Code § 488.395(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.

Section § 488.405

Explanation

This section provides an alternative method for attaching farm products or business inventory that the defendant controls, with certain exceptions. It involves filing a notice of attachment with the Secretary of State, which gives the plaintiff a lien on the specified assets. However, this lien does not cover registered vehicles, mobile homes, or most retail inventory. If the property becomes a fixture, the lien ends. The notice must include specific details and can be filed similarly to a financing statement. The Secretary of State can confirm whether a notice of attachment is on file and provide related details, for a fee similar to that of filing a financing statement or release statement.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(c)(1) The farm products or inventory described in the notice.
(2)CA Civil Procedure Code § 488.405(c)(2) Identifiable cash proceeds (as that term is used in Section 9315 of the Commercial Code).
(3)CA Civil Procedure Code § 488.405(c)(3) If permitted by the writ of attachment or court order, after-acquired property.
(d)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(d)(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)CA Civil Procedure Code § 488.405(d)(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)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(f) The notice of attachment shall be in the form prescribed by the Secretary of State and shall contain all of the following:
(1)CA Civil Procedure Code § 488.405(f)(1) The name and mailing address of the plaintiff.
(2)CA Civil Procedure Code § 488.405(f)(2) The name and last known mailing address of the defendant.
(3)CA Civil Procedure Code § 488.405(f)(3) The title of the court where the action is pending and the cause and number of the action.
(4)CA Civil Procedure Code § 488.405(f)(4) A description of the farm products and inventory attached.
(5)CA Civil Procedure Code § 488.405(f)(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)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(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)CA Civil Procedure Code § 488.405(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 9525 of the Commercial Code.

Section § 488.415

Explanation

This law says that when officials are in charge of taking personal property, like furniture or appliances, from someone's home, they need to follow the specific procedures outlined in another law called Section 700.080.

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

Section § 488.425

Explanation

This law section explains that if a vehicle, vessel, mobile home, or commercial coach is seized and has a valid certificate of ownership or title issued by the relevant department, the officer executing the seizure must follow certain procedures outlined in another law (Section 700.090).

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.

Section § 488.435

Explanation

This law outlines the process for attaching chattel paper, which are documents that show a monetary obligation and a security interest in specific goods, like a car loan. The levying officer must follow specific procedures in Section 700.100 to attach these documents. Additionally, when a levy is made on chattel paper, it creates a claim, called a lien, on the defendant’s interest in the goods linked to that chattel paper.

(a)CA Civil Procedure Code § 488.435(a) To attach chattel paper, the levying officer shall comply with Section 700.100.
(b)CA Civil Procedure Code § 488.435(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.

Section § 488.440

Explanation

In California, when a legal officer wants to seize (or 'attach') a specific legal or financial document, they must follow the rules laid out in another section, specifically Section 700.110.

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

Section § 488.445

Explanation

If someone wants to legally claim a hold on a negotiable document of title, the officer in charge must follow specific procedures outlined in another section of the law.

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

Section § 488.450

Explanation

If you want to seize ownership of someone's security as part of a legal process, a law officer must follow specific steps outlined in another law (Section 8112 of the Commercial Code). In California, this means the officer must personally deliver legal documents called a writ of attachment and notice of attachment to the person who needs to receive them.

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.

Section § 488.455

Explanation

This law explains the process for legally freezing a bank account (attachment) during a lawsuit in California. It details how a court order (writ of attachment) must be served directly to the bank and sometimes to the account holder as well. The account can only be frozen for the exact amount at the time the order is served. The bank must stop any withdrawals unless there are still funds left over after the freeze. During this period, the bank isn't liable for not processing payments or honoring withdrawals. Certain people, like beneficiaries, are not considered third parties under this rule. Finally, the bank can hold the attached funds until the court case is resolved, or pay them to the officer earlier with agreement from relevant parties.

(a)CA Civil Procedure Code § 488.455(a) Subject to Sections 488.465 and 684.115, 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.
(b)CA Civil Procedure Code § 488.455(b) The attachment lien that arises upon service of a writ of attachment and notice of attachment reaches only amounts in a deposit account at the time of service on the financial institution, including the amount of any deposit not yet finally collected, unless the deposit is returned unpaid to the financial institution.
(c)CA Civil Procedure Code § 488.455(c) The levying officer shall serve a copy of the writ of attachment and a notice of attachment on any third person in whose name any deposit account described therein stands. That service shall be made personally or by mail as follows:
(1)CA Civil Procedure Code § 488.455(c)(1) At the time of levy or promptly thereafter, if the party seeking the levy informs the levying officer of that person and his, her, or its residence or business address.
(2)CA Civil Procedure Code § 488.455(c)(2) Promptly following the levying officer’s receipt of a garnishee’s memorandum if service was not accomplished pursuant to paragraph (1), if the garnishee’s memorandum identifies that person and his, her, or its residence or business address.
(d)CA Civil Procedure Code § 488.455(d) The financial institution shall not honor a withdrawal request or a check or other order for the payment of money from the deposit account if presentation of that withdrawal request or item to the financial institution occurs during the time the attachment lien is in effect unless, following that withdrawal or payment, sufficient funds are available to cover the levy. For these purposes, a withdrawal from the deposit account to cover the financial institution’s standard fee or charge for processing the levy shall not be considered a payment of money from the account in violation of this subdivision.
(e)CA Civil Procedure Code § 488.455(e) During the time the attachment lien is in effect, the financial institution is not liable to any person for any of the following:
(1)CA Civil Procedure Code § 488.455(e)(1) Performance of the duties of a garnishee under the levy.
(2)CA Civil Procedure Code § 488.455(e)(2) Nonpayment of a check or other order for the payment or transfer of money drawn or presented against the deposit account if the nonpayment is pursuant to the requirements of subdivision (d).
(3)CA Civil Procedure Code § 488.455(e)(3) Refusal to pay a withdrawal from the deposit account if the refusal is pursuant to the requirements of subdivision (d).
(f)CA Civil Procedure Code § 488.455(f) For the purposes of this section, none of the following is a third person in whose name the deposit account stands:
(1)CA Civil Procedure Code § 488.455(f)(1) A person who is only a person named as the beneficiary of a Totten trust account.
(2)CA Civil Procedure Code § 488.455(f)(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.
(3)CA Civil Procedure Code § 488.455(f)(3) A person who is only acting in a representative or custodial capacity with respect to benefits paid or payable by the United States government. Rather, accounts maintained by the representative or custodian shall be deemed to stand in that beneficiary’s name, and the amounts therein shall be covered by a levy against that beneficiary.
(g)CA Civil Procedure Code § 488.455(g) For purposes of this section, final payment of a deposit shall be deemed to have occurred in accordance with Section 4215 or 11210 of the Commercial Code or with automated clearinghouse or Federal Reserve System rule, regulation, operating circular, or similar governing document, as applicable to the deposit. If, for any reason, a deposit is returned by the financial institution upon which it is drawn, that deposit shall not be deemed finally collected for purposes of this subdivision regardless of any later payment by the financial institution upon which the deposit is drawn.
(h)CA Civil Procedure Code § 488.455(h) 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)CA Civil Procedure Code § 488.455(h)(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 (d).
(2)CA Civil Procedure Code § 488.455(h)(2) If less than the entire deposit account is attached:
(A)CA Civil Procedure Code § 488.455(h)(2)(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)CA Civil Procedure Code § 488.455(h)(2)(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 (d).
(3)CA Civil Procedure Code § 488.455(h)(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.
(i)CA Civil Procedure Code § 488.455(i) Subdivision (h) does not prevent a financial institution that is holding an attached deposit account as provided in subdivision (h) from paying the attached amount to the levying officer before the time the financial institution otherwise is required to pay the amount under subdivision (h).

Section § 488.460

Explanation

If you need to seize items in a safe-deposit box to settle a debt, a levying officer must serve specific legal documents to the bank where the box is held and the box's owner. While your claim is in effect, the bank can't let the contents be removed unless the officer directs it. If you want the box opened, you may have to pay fees to cover the cost and damages of forcing it open. If you don't pay, the claim on the box ends. The bank isn't responsible for damages while holding the contents or when enforcing the lien. If only some items are removed from the box, the rest is freed from any claims.

(a)CA Civil Procedure Code § 488.460(a) Subject to Sections 488.465 and 684.115, 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)CA Civil Procedure Code § 488.460(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)CA Civil Procedure Code § 488.460(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)CA Civil Procedure Code § 488.460(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)CA Civil Procedure Code § 488.460(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 or levying officer pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.
(f)CA Civil Procedure Code § 488.460(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)CA Civil Procedure Code § 488.460(f)(1) Performance of the duties of a garnishee under the attachment.
(2)CA Civil Procedure Code § 488.460(f)(2) Refusal to permit access to the safe-deposit box by the person in whose name it stands.
(3)CA Civil Procedure Code § 488.460(f)(3) Removal of any of the contents of the safe-deposit box pursuant to the attachment.
(g)CA Civil Procedure Code § 488.460(g) If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the attachment lien is released automatically with respect to any property that remains in the safe-deposit box.

Section § 488.465

Explanation

This law outlines the conditions for levying funds from deposit accounts or safe-deposit boxes in the names of people other than the defendant. Generally, these accounts can't be touched without a court order. However, a court order isn't needed if the account is solely in the name of the defendant, the defendant’s spouse, or a business name that includes only the defendant and/or spouse as the listed persons. If an account is levied, a financial institution must wait 15 days after receiving notice before releasing funds, ensuring the rights of third parties are considered.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.465(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)CA Civil Procedure Code § 488.465(b)(1) The defendant, whether alone or together with third persons.
(2)CA Civil Procedure Code § 488.465(b)(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)CA Civil Procedure Code § 488.465(b)(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)CA Civil Procedure Code § 488.465(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.

Section § 488.470

Explanation

This law explains how to attach (or legally seize) certain types of property called 'accounts receivable' or 'general intangibles' for debt collection. It requires a levying officer to hand-deliver legal documents to the person who owes money to the debtor. If someone else is receiving payments on behalf of the debtor, the officer must also deliver these documents to that third person if instructed by the creditor. This action then attaches any money the third party owes to the debtor.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.470(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.

Section § 488.475

Explanation
This law explains what types of property can be legally seized (attached) even if they are already involved in a court case or special legal process. Properties that can still be attached include real estate, crops, timber, minerals like oil and gas, and personal belongings under the control of the person being sued or a court officer. It also includes a defendant's interest in property from a deceased person's estate. However, if a property is part of an ongoing court case and you try to attach it unsuccessfully, you must provide specific details to the court, like stating why it was ineffective and giving information about the ongoing case. Finally, this section clarifies that even if attachment is not possible, it doesn't interfere with other legal options like getting a lien.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.475(a)(1) Real property.
(2)CA Civil Procedure Code § 488.475(a)(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)CA Civil Procedure Code § 488.475(a)(3) Tangible personal property in the possession or under the control of the defendant or in the custody of a levying officer.
(4)CA Civil Procedure Code § 488.475(a)(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)CA Civil Procedure Code § 488.475(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)CA Civil Procedure Code § 488.475(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)CA Civil Procedure Code § 488.475(c)(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)CA Civil Procedure Code § 488.475(c)(2) The title of the court and the cause and number of the pending action or proceeding.
(d)CA Civil Procedure Code § 488.475(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)CA Civil Procedure Code § 488.475(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.

Section § 488.480

Explanation

This section explains how to attach a final money judgment, which is a court-ordered payment that has been confirmed and is no longer subject to appeal. To attach such a judgment, a court officer must file paperwork with the court that issued the original judgment, creating a formal lien, or claim, against the debtor’s property. The clerk will note this lien on the judgment. When any summary of the judgment is made, it will include this information. The officer must also serve the debtor with documents spelling out the attachment at the time of levy or shortly thereafter.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.480(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)CA Civil Procedure Code § 488.480(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.

Section § 488.485

Explanation

This law explains what happens when someone wants to claim part of a deceased person's estate that is supposed to go to a defendant. If someone files a legal claim called a writ of attachment on the defendant's share, a court officer gives a notice to the deceased person's estate manager. This doesn't stop the manager from taking care of the estate. The estate manager has to inform the court about this claim whenever there's a request to distribute the estate. If the court decides that part of the estate goes to the defendant, the attached property is handed over to the court officer, but only after the distribution decision is final. If any property isn't needed to settle the claim, it goes back to the defendant. Once the court officer receives the property, they must quickly tell the defendant. The defendant then has 10 days to claim certain protections for that property.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 488.485(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)CA Civil Procedure Code § 488.485(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.