"Levying officer" means the sheriff or marshal who is directed to execute a writ or order issued under this title.
§ 481.140.Levying Officer
Title 6.5. Attachment · Chapter 1. Words and Phrases Defined · Last amended 1997 · Last verified July 28, 2026
In one sentenceSection 481.140 defines "levying officer" as the sheriff or marshal directed to execute a writ or order issued under the Attachment Law.
Full Text of § 481.140
Plain-English Summary
The levying officer is the official who physically carries out an attachment — taking property into custody, serving notices of attachment, and returning the writ to the court. Section 482.080 lets a court also order a defendant to transfer possession of attached property or related documents directly to the levying officer, and Chapter 8’s levy-procedure sections (starting at § 488.010) spell out exactly how the officer executes different kinds of writs.
Frequently Asked Questions
Who seizes property under a writ of attachment?
The levying officer — the sheriff or marshal directed to execute the writ under Section 481.140 — carries out the physical levy, not the plaintiff or the plaintiff’s attorney.
Can a court order the defendant to hand property directly to the levying officer?
Yes. Section 482.080 lets the court order the defendant to transfer possession of the attached property or related title documents to the levying officer once a writ of attachment is issued.
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 12. Effective January 1, 1997.
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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