(a) This chapter may be cited as the Levying Officer Electronic Transactions Act.
§ 263.Citation of chapter; Findings and declarations; Construction
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 names this chapter the Levying Officer Electronic Transactions Act, declares the Legislature’s intent to let levying officers use modern electronic alternatives to paper records, and provides that the chapter is not mandatory unless the court and the levying officer’s department jointly determine they have the resources and technology and agree to act electronically.
Full Text of § 263
(b) The Legislature finds and declares that modern technologies offer alternatives to paper-based systems and provide the means to create, store, retrieve, and transmit records and documents in electronic form resulting in increased efficiency, taxpayer savings, and improved public access to levying officers. It is the intent of the Legislature in enacting this act to accommodate current and future technologies based on industry standards.
(c) Nothing in this chapter shall be construed to require a court or levying officer to comply with any of its provisions unless the court and the levying officer have (1) jointly determined that both the court and the sheriff’s department have the resources and the technological capacity to do so, and (2) have mutually agreed to electronically act upon documents as provided in this chapter.
Plain-English Summary
§ 263 opens the chapter that lets sheriffs and marshals, acting as levying officers, handle filings and records electronically instead of on paper. Subdivision (a) gives the chapter its name, the Levying Officer Electronic Transactions Act.
Subdivision (b) states why the Legislature acted: modern technology offers alternatives to paper-based systems, with the potential for efficiency, savings, and better public access to levying officers, and the Legislature intends the chapter to accommodate current and future technology built on industry standards.
Subdivision (c) keeps the whole chapter optional. Nothing in it requires a court or levying officer to comply with any of its provisions unless the court and the levying officer’s department have jointly determined that both have the resources and technological capacity to proceed electronically, and have mutually agreed to act on documents that way. A creditor or attorney cannot force electronic filing on a levying officer whose office has not opted in.
Frequently Asked Questions
Is every California sheriff’s office required to accept electronic filings under this chapter?
No. § 263(c) makes the chapter optional unless the court and the levying officer’s department have jointly determined they have the resources and technological capacity, and have agreed to proceed electronically.
What is this chapter called?
§ 263(a) names it the Levying Officer Electronic Transactions Act.
What did the Legislature intend by enacting this chapter?
To let levying officers use electronic alternatives to paper-based systems, accommodating current and future technology based on industry standards.
Who decides whether a particular court and sheriff’s office use electronic transactions under this chapter?
§ 263(c) requires the court and the levying officer to jointly determine they have the resources and technological capacity, and to mutually agree to act electronically.
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
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