CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property [488.010. - 488.740.]

Chapter 8 repealed and added by Stats. 1982, Ch. 1198, Sec. 50.

§§ 488.010–488.740 · 50 sections

1. ARTICLE 1. General Provisions §§ 488.010–488.140 · 15 sections

   • § 488.010 The writ of attachment shall include the following information: (a) The date of issuance of the writ. (b) The title of the court that issued the writ and the…
   • § 488.020 (a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to…
   • § 488.030 (a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff’s attorney of record or, if the…
   • § 488.040 (a) 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 shall…
   • § 488.050 (a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff shall…
   • § 488.060 The notice of attachment shall inform the person notified of all of the following: (a) The capacity in which the person is notified. (b) The specific property…
   • § 488.065 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…
   • § 488.070 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: (a) The…
   • § 488.080 (a) A registered process server may levy under a writ of attachment on the following types of property: (1) Real property, pursuant to Section 488.315. (2)…
   • § 488.090 Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is…
   • § 488.100 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…
   • § 488.110 A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of…
   • § 488.120 In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to…
   • § 488.130 (a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of…
   • § 488.140 (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…
2. ARTICLE 2. Methods of Levy §§ 488.300–488.485 · 25 sections

   • § 488.300 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…
   • § 488.305 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…
   • § 488.315 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…
   • § 488.325 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…
   • § 488.335 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,…
   • § 488.345 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,…
   • § 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)…
   • § 488.365 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…
   • § 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…
   • § 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…
   • § 488.395 Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405: (a) To attach farm products or inventory of a going business in the…
   • § 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…
   • § 488.415 To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080.
   • § 488.425 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…
   • § 488.435 (a) To attach chattel paper, the levying officer shall comply with Section 700.100. (b) In addition to any other rights created by a levy on chattel paper, the…
   • § 488.440 To attach an instrument, the levying officer shall comply with Section 700.110.
   • § 488.445 To attach a negotiable document of title, the levying officer shall comply with Section 700.120.
   • § 488.450 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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,…
3. ARTICLE 3. Lien of Attachment §§ 488.500–488.510 · 2 sections

   • § 488.500 (a) A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by…
   • § 488.510 (a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the…
4. ARTICLE 4. Duties and Liabilities of Third Persons After Levy §§ 488.600–488.620 · 3 sections

   • § 488.600 (a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title.…
   • § 488.610 (a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person…
   • § 488.620 A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any…
5. ARTICLE 5. Management and Disposition of Attached Property §§ 488.700–488.740 · 5 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 488.740 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…