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§ 488.090.Methods For Taking Property Into Custody

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 488.090 lists three methods a levying officer may use to take property into custody when a levy method requires it: removing the property to safekeeping, installing a keeper, or otherwise obtaining possession or control.

Full Text of § 488.090

Text sizeJump to: (a) (b) (c)

Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods:
(a) Removing the property to a place of safekeeping.
(b) Installing a keeper.
(c) Otherwise obtaining possession or control of the property.

Plain-English Summary

Several of the specific levy methods in Article 2 require the officer to take property "into custody" without specifying how. Section 488.090 fills that gap with three interchangeable options: physically moving the property to a place of safekeeping, installing a keeper to watch over it in place, or obtaining possession or control by some other means. The choice among them is left to the officer's judgment given the property involved.

Frequently Asked Questions

How does a levying officer take custody of property under a writ of attachment?

Section 488.090 gives the officer three options: remove the property to safekeeping, install a keeper, or otherwise obtain possession or control of it.

Does the statute require the officer to physically remove the property?

No. Installing a keeper in place, or otherwise obtaining possession or control, satisfies § 488.090 just as removal does.

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Repealed and added by Stats. 1982, Ch. 1198, Sec. 50.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: methods of taking property into custody california attachmentkeeper levy attachment ccp 488.090