The direction or authority of a party or his or her attorney to a sheriff, in respect to the execution of process or return thereof, or to any related act or omission, is not available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in written instructions by the attorney of the party, including the signature and name of the attorney of the party, or by the party, if he or she has no attorney. Subject to subdivision (c) of Section 263, the instructions may be transmitted electronically pursuant to Chapter 2 (commencing with Section 263).
§ 262.Liability of sheriff regarding execution of process
Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Last amended 2011 · Last verified July 28, 2026
In one sentence§ 262 shields a sheriff from liability for neglect or misconduct in executing process only when the sheriff acted on written instructions signed and named by the party’s attorney, or by the party if unrepresented, and lets those instructions be sent electronically under the Levying Officer Electronic Transactions Act.
Full Text of § 262
Plain-English Summary
A sheriff carrying out a writ often takes direction from the party who asked for it — skip this address, hold off on that levy, release this item. § 262 says an oral instruction like that will not excuse the sheriff later if something goes wrong. To discharge the sheriff from liability for neglect or misconduct, the direction has to be in writing, and it has to carry the signature and printed name of the party’s attorney, or of the party if no attorney is involved.
The requirement protects both sides. A sheriff who follows a plaintiff’s casual phone call and later gets blamed for a botched levy has no paper trail to point to. A written, signed instruction gives the sheriff something to rely on and gives the party a record of exactly what was requested.
§ 262 also lets these instructions travel electronically. Subject to subdivision (c) of § 263, a party or attorney may transmit written instructions to the sheriff under Chapter 2 (§ 263 and following), the Levying Officer Electronic Transactions Act, rather than mailing or hand-delivering a paper original.
Frequently Asked Questions
Can a sheriff rely on a phone call to justify skipping a step in executing a writ?
No. § 262 requires written instructions carrying the signature and name of the attorney, or of the party if unrepresented, before an instruction can excuse the sheriff from liability for neglect or misconduct.
Who can give the sheriff written instructions under § 262?
The party’s attorney, with a signature and printed name, or the party directly if the party has no attorney.
Can these instructions be sent to the sheriff electronically?
Yes. § 262 allows electronic transmission of the instructions, subject to subdivision (c) of § 263, under the Levying Officer Electronic Transactions Act in Chapter 2.
What happens if the sheriff follows oral directions and the levy goes wrong?
§ 262 does not let the sheriff point to an oral direction as an excuse; only written instructions meeting the section’s requirements can discharge the sheriff from liability for neglect or misconduct.
Amendment History
Added Stats 1951 ch 655 § 14. Amended Stats 2010 ch 680 § 1 (AB 2394), effective January 1, 2011.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: sheriff liability executing writ californiaccp 262 written instructions to sheriffsheriff excuse neglect execution of processelectronic instructions to sheriff california levy