§ 488.070.Personal Property Sought to Be Attached Located In Private Place of Defendant

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 488.070 requires the levying officer to comply with the procedure in § 699.030 when personal property sought to be attached sits in the defendant's private place, and gives the plaintiff the right to obtain the same relief under that section.

Full Text of § 488.070

Text sizeJump to: (a) (b)

If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant:

(a) The levying officer shall comply with the provisions of Section 699.030.

(b) The plaintiff may obtain the relief provided under Section 699.030 in the manner and subject to the requirements of that section.

Plain-English Summary

An officer cannot enter a defendant's home or other private space to seize property without following a set procedure. Section 488.070 cross-references § 699.030 — the enforcement-of-judgments provision governing access to private places — and requires the officer to follow it when personal property sought under a writ of attachment is located somewhere private. The plaintiff, in turn, may seek whatever relief § 699.030 provides (typically a court order authorizing entry) under the same terms that section sets out.

Frequently Asked Questions

Can a levying officer enter a defendant's home to seize property under a writ of attachment?

Only by following § 699.030's procedure for property located in a private place, which § 488.070 makes applicable to attachment levies as well as execution levies.

How does a plaintiff get court authorization to reach property behind locked doors?

Section 488.070(b) lets the plaintiff obtain the relief provided under § 699.030, subject to that section's own requirements.

Amendment History

Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. 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: entering defendants home to levy attachment californiaprivate place property levy ccp 488.070699.030 attachment