In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to be posted or to be served on or mailed to the defendant or other person, failure to post, serve, or mail the copy of the writ and the notice does not affect the attachment lien created by the levy.
§ 488.120.Attachment Lien Not Affected By Failure to Post, Serve Or Mail Copy of Writ and Notice
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 488.120 provides that the attachment lien created by a levy is not undone by the levying officer's failure to post, serve, or mail a copy of the writ and notice of attachment as otherwise required.
Full Text of § 488.120
Plain-English Summary
Article 2's specific levy methods each require posting, serving, or mailing a copy of the writ and notice to particular people. Section 488.120 makes clear that a slip in that paperwork does not unwind the lien itself. If property has been levied upon, the attachment lien the levy created stands even if the required copy was never posted, served, or mailed — though the person harmed by that omission may still have other remedies.
Frequently Asked Questions
If the levying officer forgets to mail the notice of attachment, is the lien invalid?
No. Section 488.120 states that failure to post, serve, or mail the copy of the writ and notice does not affect the attachment lien created by the levy.
Does a missed mailing requirement leave anyone with a remedy?
Section 488.120 protects the lien itself, but it does not excuse the underlying posting, service, or mailing duty, so a person harmed by the omission may still have other remedies available.
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: attachment lien valid without notice californiafailure to serve notice of attachment effect on lien