(a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions.
§ 263.6.Writ of execution; Retention of original or electronic copy; Accounting
Title 4. Ministerial Officers of Courts of Justice · Chapter 2. Levying Officer Electronic Transactions Act · Enacted 2010 · no amendments on record · Last verified July 28, 2026
In one sentence§ 263.6 lets a levying officer keep the original writ of execution or an electronic copy instead of returning it to court, requires related records to be retained for at least two years, and lets a creditor direct the officer to file an accounting for a writ sent to another county without that accounting counting as a return.
Full Text of § 263.6
(b) If the original writ is not returned to court as provided in subdivision (a), the levying officer shall retain, for not less than two years after the levying officer’s return is filed with court, each of the following, as applicable:
(1) The original paper writ or digital image of the writ.
(2) The memorandum of garnishee.
(3) The employer’s return.
(4) An inventory of the levied property.
(c) A creditor seeking the issuance of a writ directed to another county may direct the levying officer to file an accounting of the levying officer’s actions with the court.
(1) The filing of the accounting described in this subdivision does not constitute a return of the writ.
(2) The accounting shall indicate that the levying officer is in possession of an active writ.
Plain-English Summary
A writ of execution does not always have to go back to the court on paper. § 263.6(a) lets the levying officer keep the original writ, or an electronic copy of it, and file only a return describing the officer’s actions, instead of returning the paper writ itself.
If the original writ is not returned under subdivision (a), the officer must retain, for not less than two years after the officer’s return is filed with the court, each item that applies: the original paper writ or a digital image of it, the memorandum of garnishee, the employer’s return, and an inventory of the levied property.
Subdivision (c) addresses a writ sent to another county. A creditor seeking that can direct the levying officer to file an accounting of the officer’s actions with the court. That accounting does not itself count as a return of the writ, and it must indicate that the officer is still in possession of an active writ.
Frequently Asked Questions
Does a levying officer have to return the original writ of execution to the court?
No. § 263.6(a) lets the officer retain the original writ, or an electronic copy of it, and file only a return of the officer’s actions.
How long must a levying officer keep the writ and related records if the writ is not returned to court?
At least two years after the officer’s return is filed with the court, under § 263.6(b).
What records must a levying officer retain under this section?
The original paper writ or a digital image of it, the memorandum of garnishee, the employer’s return, and an inventory of the levied property, as applicable.
If I ask the levying officer to send my writ to another county, does filing an accounting end the writ?
No. § 263.6(c) states that filing the accounting does not constitute a return of the writ, and the accounting must show the officer still holds an active writ.
Amendment History
Added Stats 2010 ch 680 § 4 (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: writ of execution electronic copy californiaccp 263.6 levying officer retention of writsending a writ to another county california levying officer