§ 488.395. — 488.395. (Amended by Stats. 1996, Ch. 1159, Sec. 10.)

California § 488.395.

• 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. 2.: ARTICLE 2. Methods of Levy

Text

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 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)
Subject to subdivision (c), the period during which the business may continue to operate under the keeper is:
(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)
Two days, in cases not described in paragraph (1).
(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)
At any time the defendant objects to placement of a keeper in charge of the business.
(2)
At the conclusion of the applicable period prescribed by subdivision (b).
(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)
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.

Legislative History

Amended by Stats. 1996, Ch. 1159, Sec. 10. Effective January 1, 1997.