§ 488.080. — 488.080. (Amended by Stats. 2016, Ch. 102, Sec. 1.)

California § 488.080.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 6.5.
• Part 2.: TITLE 6.5. ATTACHMENT
• Ch. 8.: CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property
• Art. 1.: ARTICLE 1. General Provisions

Text

(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)
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, pursuant to Section 488.325.
(3)
Personal property in the custody of a levying officer, pursuant to Section 488.355.
(4)
Equipment of a going business, pursuant to Section 488.375.
(5)
Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385.
(6)
Farm products or inventory of a going business, pursuant to Section 488.405.
(7)
Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(8)
Deposit accounts, pursuant to Section 488.455.
(9)
Property in a safe-deposit box, pursuant to Section 488.460.
(10)
Accounts receivable or general intangibles, pursuant to Section 488.470.
(11)
Final money judgments, pursuant to Section 488.480.
(12)
Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485.
(b)
Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c)
If a registered process server levies on property pursuant to subdivision (a), the registered process
server shall do both of the following:
(1)
Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300).
(2)
Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server.
(d)
Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1)
The writ of attachment.
(2)
A proof of service by the registered process server stating the manner of levy performed.
(3)
Proof of service of the copy of the writ and notice
of attachment on other persons, as required by Article 2 (commencing with Section 488.300).
(4)
Instructions in writing, as required by the provisions of Section 488.030.
(e)
If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has
actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d).
(f)
The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.

Legislative History

Amended by Stats. 2016, Ch. 102, Sec. 1. (AB 2211) Effective January 1, 2017.