ExecutionMethods of Levy
Section § 700.010
This law requires that when someone's property is taken by court order to pay a debt (known as a levy), certain documents must be given to the person who owes the money, called the judgment debtor. These documents include the official order for the levy, a notice about the levy, and if the person is an individual, information on what property might be legally protected from being taken (exemptions). Also, if the debtor has used different names, any affidavits confirming their identity must be included. These documents can be delivered by hand or by mail.
Section § 700.015
If someone owes money (a judgment debtor) and their real estate is being used to collect on that debt, certain steps must be followed. The officer handling the debt (levying officer) must record the debt collection attempt (writ of execution and notice of levy) with the county where the property is. If the property is listed in someone else's name, that person should also be identified. They must be given notice either in person or by mail. In addition, the officer must inform anyone living on the property about the levy by serving or posting the notice on the site. This ensures that everyone connected to the property is aware of the debt collection process.
Section § 700.020
This section explains how to legally take control of certain property, like crops, timber, or minerals, when someone owes a debt. If you need to do this, an officer records the necessary paperwork in the county where the property is located, clearly describing it. If the property is registered in someone else's name, they must also be notified. Additionally, any party with a financial stake in the property should receive notice. The officer must also inform anyone residing on the property, or post the notice there if they can't find anyone home, unless it's mineral property without a dwelling. This ensures that everyone with a potential interest knows about the levy.
Section § 700.030
To seize physical items that someone owes money on if they have them or control them, the officer must physically take those items unless there's some other specified way to do it.
Section § 700.040
Section § 700.050
This section explains the process for seizing personal property that's already with a law enforcement officer (a levying officer) when collecting a debt. If the officer holding the property receives a court order (writ of execution) directly, the creditor just gives it to them. If a different officer has the writ, they must send a copy to the officer who has the property, either in person or by mail. The officer with the property must follow these orders in the sequence they arrive, and certain rules about responsibilities don't apply to them.
Section § 700.060
Section § 700.070
This law explains what happens when a creditor wants to take physical items from a business they have won a judgment against. A law officer can put someone in charge of watching the business, called a 'keeper,' for a time as requested by the creditor. The business can keep running, but all sales must be final and paid in cash or by check, which is considered as good as cash. The 'keeper' collects sales money unless the creditor says otherwise. The officer will take full control over any physical assets either if the business or creditor says so, or after ten days. If only money or sale proceeds are involved, this handover happens at the end of each day.
Section § 700.080
Section § 700.090
If someone is trying to collect a debt by taking a vehicle, boat, mobile home, or similar property that you own, the officer handling it has to find out who the main owners are according to official records. If you're not the person who owes money but are still listed as an owner or have a claim on the property, the officer has to deliver important paperwork to you, either directly or by mail, to let you know what's happening.
Section § 700.100
This law explains how to collect on a debt when the debtor has chattel paper, which are documents showing a financial obligation like a loan. If the debtor has these documents, an officer takes them. If someone else has them, the officer gives them official papers. The officer can also handle other actions like letting the debtor collect or compromise the debt, if the creditor wants this. This process also gives the creditor a special hold on the goods mentioned in the chattel paper.
Section § 700.110
This section explains how a levying officer should handle the process of taking control of a debt-related instrument, like a check or promissory note, to enforce a judgment. If the debtor has the instrument, the officer needs to take it into custody. If someone else holds it, the officer must deliver a legal notice to them. After taking custody, the officer should inform the person who owes money on the instrument if the creditor asks for it, either by delivering the notice in person or through the mail.
Section § 700.120
This law outlines the steps a levying officer should take to seize a negotiable document of title, which is a type of legal document that establishes ownership of certain goods. If the document is with the person who owes the debt, the officer must physically take it. If it's with someone else, the officer must give that person a legal notice and a copy of the order to seize the document.
Section § 700.130
If you're trying to seize a security, like stocks or bonds, to satisfy a debt, you have to follow the rules set in another law, Section 8112 of the Commercial Code. This often means delivering specific legal paperwork to the main office of the company that issued the security, especially if that office is in California. In such cases, the levying officer must personally give a copy of the execution order and notice to the relevant person at that company.
Section § 700.140
This law explains how to collect money from someone's bank account to satisfy a debt through a legal process called 'levy.' First, to start the process, the bank must be personally served with a legal document called a writ of execution and a notice of levy. The levy applies only to money present in the account when these documents are served. Additionally, if someone else's name is on the account, they must also be notified. The bank isn't allowed to let money leave the account if it would affect the levy, except for standard processing fees. If the levy is successful and the debt is collected, the bank's obligation ends. The law also specifies who counts as the 'account owner' and determines final payment rules for deposits. Certain people like those named as trust beneficiaries or pay-on-death designees don’t count as account holders for levy purposes.
Section § 700.150
If someone owes you money and you have a court order to collect it, you can ask a sheriff or similar official (levying officer) to access the debtor's safe-deposit box to take property inside as payment. The levying officer must first notify the bank, the person who rented the box, and give them a chance to open it. The bank can't let anyone take things out of the box unless the officer says so. You'll need to pay any fees to open the box, and there are rules about notifying you before the box is opened. The bank isn't responsible for denying access to the box or for removing items as part of this process.
Section § 700.160
This law explains when you can take money from a bank account or access something in a safe-deposit box to collect on a debt if you're the one who's owed money. Generally, you need a court order if the account or box isn't in the debtor's name. But if the account or box is in the debtor's name, their spouse's, or their registered partner's, then you don't need a court order, as long as some paperwork is provided. Additionally, if the account is under a business name linked to the debtor, you might also avoid needing a court order. If the account is in someone else's name, the bank can't pay you until after 15 days from giving notice to that third person.
Section § 700.170
This law explains how a levying officer can collect on debts, like accounts receivable or general intangibles, owed to a debtor when they're trying to enforce a judgment. The officer must personally deliver a notice and writ of execution to the person who owes money to the debtor (the account debtor). If someone else is receiving payments on behalf of the debtor due to a security agreement or collection assignment, the officer can also serve them, treating the money they owe as collectible for the judgment.
Section § 700.180
This law explains what kinds of property can be seized (or 'levied') to pay off a debt even if there's a lawsuit involving that property. You can levy on real estate, crops, timber, or minerals being extracted, tangible items someone owns, and a person's share in the estate of someone who died. However, for other types of property involved in an ongoing legal case, a levy will not be effective. If a levy is tried but fails due to a pending case, the officer handling the levy must provide specific information about the case, such as the court details and the case number. The law also specifies that a case is pending until it reaches a final judgment and any appeals are settled. Importantly, this doesn't stop the creditor from placing a lien as allowed by another law.
Section § 700.190
This section explains the process for collecting on a final money judgment, which is a court-ordered payment that can no longer be appealed. To enforce the judgment, the officer responsible must submit a copy of the execution order and notice to the court that made the original decision. The court then adds a statement to the judgment indicating that it's being enforced. When this happens, the person who owes the money must also be officially informed, and this notification can occur in person or through the mail.
Section § 700.200
If someone owes you money and they stand to inherit property from a deceased person's estate, you can use specific legal steps to claim that property to satisfy their debt. First, a notice must be served on the estate's representative. If any inheritance is ordered to go to the debtor, it will instead be given to the levying officer, but only after this decision becomes final. The debtor receives a notice about the levy and can argue that the property shouldn't be taken. The claim on this property lasts for a year unless the debt is paid sooner, and the legal documents should be sorted out within that year.