Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 1. General Provisions · Last amended 2017 · Last verified July 28, 2026
In one sentenceSection 488.080 lets a registered process server, instead of the sheriff or marshal, levy on twelve specified categories of property after depositing a copy of the writ and a statutory fee with the levying officer, subject to filing deadlines and the officer's continuing oversight.
(2)Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325.
(3)Personal property in the custody of a levying officer, pursuant to Section 488.355.
(4)Equipment of a going business, pursuant to Section 488.375.
(5)Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385.
(6)Farm products or inventory of a going business, pursuant to Section 488.405.
(7)Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(9)Property in a safe-deposit box, pursuant to Section 488.460.
(10)Accounts receivable or general intangibles, pursuant to Section 488.470.
(11)Final money judgments, pursuant to Section 488.480.
(12)Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485.
(b)Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c)If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1)Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300).
(2)Request any third person served to give a garnishee's memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server.
(d)Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1)The writ of attachment.
(2)A proof of service by the registered process server stating the manner of levy performed.
(3)Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300).
(4)Instructions in writing, as required by the provisions of Section 488.030.
(e)If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d).
(f)The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
Plain-English Summary
Attachment levies do not always require the sheriff or marshal personally. Section 488.080 authorizes a registered process server to levy on a defined list of property types — real property, growing crops and extractable minerals, property already in an officer's custody, business equipment, certain vehicles used as business equipment, farm products or inventory, dwelling personal property, deposit accounts, safe-deposit box contents, accounts receivable and general intangibles, final money judgments, and a defendant's interest in a decedent's estate — each governed by its own specific method elsewhere in this article.
Before levying, the process server must deposit a copy of the writ and the statutory fee (Government Code § 26721) with the levying officer, and must otherwise comply with Article 2's levy, posting, and service requirements, including requesting any garnishee's memorandum under § 488.610. Within five court days of the levy, the process server must file the writ, proof of service, and the written instructions with the levying officer. If the fee was paid, the levying officer then performs the remaining duties as though the officer had made the levy directly; if the process server did not comply with the deposit and filing requirements, the levy is ineffective and the officer need not act on it. The officer is protected from liability for relying in good faith on the process server's filings.
Frequently Asked Questions
Can someone other than the sheriff levy a writ of attachment in California?
Yes. Section 488.080 authorizes a registered process server to levy on twelve specified categories of property, provided the process server deposits a copy of the writ and the required fee with the levying officer and complies with Article 2's levy and service requirements.
What happens if a registered process server botches the filing deadlines under this section?
Under § 488.080(e), if the process server does not comply with the deposit and five-court-day filing requirements, the levy is ineffective and the levying officer is not required to perform any further duties on it.
Amendment History
Amended by Stats 2016 ch 102 (AB 2211),s 1, eff. 1/1/2017. Amended by Stats 2007 ch 15 (AB 859),s 1, eff. 1/1/2008.
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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