§ 482.080.Order Directing Defendant Transfer Possession of Property Or Documentary Evidence to Levying Officer
Title 6.5. Attachment · Chapter 2. General Provisions · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 482.080 lets a court, when issuing a writ of attachment, also order the defendant to hand over to the levying officer possession of the attached property or documentary evidence of title, with personal service and a warning that noncompliance can lead to contempt.
(a)If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following:
(1)Possession of the property to be attached if the property is sought to be attached by taking it into custody.
(2)Possession of documentary evidence of title to property of or a debt owed to the defendant that is sought to be attached. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.
(b)The order shall be personally served on the defendant and shall contain a notice to the defendant that failure to comply with the order may subject the defendant to arrest and punishment for contempt of court.
Plain-English Summary
A writ of attachment alone authorizes the levying officer to seize property, but it does not always compel the defendant’s cooperation. Section 482.080(a) fills that gap by letting the court additionally order the defendant to transfer to the levying officer possession of the property itself (where it is to be taken into custody) or documentary evidence of title to property or a debt owed the defendant (which may be served when the underlying levy occurs or afterward).
Subdivision (b) gives that order teeth. It must be personally served on the defendant, and it must warn the defendant that failing to comply can lead to arrest and punishment for contempt of court — a meaningful incentive for a defendant otherwise inclined to obstruct the levy.
Frequently Asked Questions
What happens if a defendant refuses to hand over attached property to the levying officer?
Section 482.080(b) requires the transfer order to warn the defendant that failing to comply may subject the defendant to arrest and punishment for contempt of court.
Can this order cover documents proving ownership rather than the property itself?
Yes. Section 482.080(a)(2) allows the order to cover documentary evidence of title to property or of a debt owed to the defendant, and it may be served when the levy occurs or afterward.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 25. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
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:order to transfer possession attachment californiacontempt for not turning over attached property