Definitions and General ProvisionsLevying Officers

Section § 687.010

Explanation

This law explains how a judgment creditor, the person or entity owed money, must provide written instructions to the officer who will enforce a court decision, such as seizing property. These instructions need to include details about the property in question, like its description, whether it's a dwelling, and the judgment debtor's name. If sent with a court writ for execution, the instructions must also contain specific information about the writ and the judgment amount. The officer can trust this information unless they know it's wrong and may receive these instructions electronically.

(a)CA Civil Procedure Code § 687.010(a) The judgment creditor shall give the levying officer instructions in writing. The instructions shall be signed by 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, all of the following:
(1)CA Civil Procedure Code § 687.010(a)(1) An adequate description of any property to be levied upon.
(2)CA Civil Procedure Code § 687.010(a)(2) A statement whether the property is a dwelling.
(3)CA Civil Procedure Code § 687.010(a)(3) If the property is a dwelling, whether it is real or personal property.
(4)CA Civil Procedure Code § 687.010(a)(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)CA Civil Procedure Code § 687.010(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)CA Civil Procedure Code § 687.010(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)CA Civil Procedure Code § 687.010(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.
(e)CA Civil Procedure Code § 687.010(e) If the instructions directing the levying officer to perform a levy are accompanied by a writ of execution for money, possession, or sale of personal or real property issued by the court as an electronic record, as defined in subdivision (b) of Section 263.1, or a document printed from an electronic record issued by the court, the instructions shall also include all of the following information, as stated in the writ:
(1)CA Civil Procedure Code § 687.010(e)(1) The date of issuance of the writ.
(2)CA Civil Procedure Code § 687.010(e)(2) The name of each judgment creditor and judgment debtor.
(3)CA Civil Procedure Code § 687.010(e)(3) The amount of the total judgment for money, a description of the property subject to a judgment for possession or sale, or both the amount and the description.
(4)CA Civil Procedure Code § 687.010(e)(4) A statement indicating that the accompanying writ is either of the following:
(A)CA Civil Procedure Code § 687.010(e)(4)(A) An original writ, or a copy of the original writ issued by the court as an electronic record, not already in the possession of the levying officer.
(B)CA Civil Procedure Code § 687.010(e)(4)(B) A copy of the original writ already in possession of the levying officer.
(f)CA Civil Procedure Code § 687.010(f) Except to the extent the levying officer has actual knowledge that the information in the electronic writ has been altered, the levying officer may proceed in the same manner as if in possession of a paper version of the original writ.
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Section § 687.020

Explanation

This section explains what happens when a check or similar financial instrument, payable to someone who owes money (a judgment debtor), is taken by a law enforcement officer as part of debt collection. If the check is meant for immediate withdrawal, the officer must endorse and cash it, using specific details like the debtor's name and court information. The officer's endorsement is valid, and no bank or officer is responsible for paying the officer instead of the debtor. However, if cashing the check would settle a debt for which the debtor hasn't agreed to endorse, the officer must wait 30 days before returning it if the debtor does not endorse it.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 687.020(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)CA Civil Procedure Code § 687.020(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)CA Civil Procedure Code § 687.020(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.
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Section § 687.030

Explanation

This law explains that when an officer has to take possession of someone's property, they can do it in several ways. They can physically move the property to a safe place, assign someone to guard it, or find another way to securely control it.

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)CA Civil Procedure Code § 687.030(a) Removing the property to a place of safekeeping.
(b)CA Civil Procedure Code § 687.030(b) Installing a keeper.
(c)CA Civil Procedure Code § 687.030(c) Otherwise obtaining possession or control of the property.
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Section § 687.040

Explanation

This law explains that if a levying officer or a registered process server follows the rules and acts based on information given by the judgment creditor, they can't be held responsible for their actions, unless they know the information is wrong. However, if the judgment creditor provides incorrect information, they could be liable. Additionally, the levying officer isn't responsible for any loss or damage to personal property due to fire, theft, or other incidents while it's in their care, unless they're negligent.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 687.040(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.
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Section § 687.050

Explanation

This law says that a levying officer has a special right to hold onto personal property they have taken until the costs of the process, which haven't been prepaid, are covered.

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.
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