The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer's costs for which an advance has not been made.
§ 488.100.Special Lien of Levying Officer
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 488.100 gives the levying officer a special possession-dependent lien on personal property levied upon, limited to the amount of the officer's costs for which the plaintiff has not already advanced payment.
Full Text of § 488.100
Plain-English Summary
The plaintiff advances the levying officer's costs under § 488.050, but that advance system does not always cover every dollar the officer eventually spends. Section 488.100 backstops the officer with a special lien on the personal property levied upon, dependent on the officer's continued possession, for whatever costs remain unpaid. Because the lien depends on possession, it does not survive the officer releasing or turning over the property.
Frequently Asked Questions
Does the levying officer have any lien of their own on attached property?
Yes. Section 488.100 gives the officer a special lien, dependent on possession, for the amount of the officer's costs that have not been advanced by the plaintiff.
Does the officer's lien survive after the property is released?
The lien under § 488.100 is dependent upon possession, so it does not attach to property the officer no longer holds.
Amendment History
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: levying officer lien on attached property californiaspecial lien for costs attachment ccp 488.100