§ 687.010. — 687.010. (Amended by Stats. 2013, Ch. 156, Sec. 1.)

California § 687.010.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 1.
• Title: 9.
• Part 2.: DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS
• Ch. 7.: CHAPTER 7. Levying Officers

Text

(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)
An adequate description of any property to be levied upon.
(2)
A statement whether the property is a dwelling.
(3)
If the property is a dwelling, whether it is real or personal property.
(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)
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)
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)
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)
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)
The date of issuance of the writ.
(2)
The name of each judgment
creditor and judgment debtor.
(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)
A statement indicating that the accompanying writ is either of the following:
(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)
A copy of the original writ already in possession of the levying officer.
(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.

Legislative History

Amended by Stats. 2013, Ch. 156, Sec. 1. (AB 1167) Effective January 1, 2014.