(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the plaintiff except to the extent the levying officer or registered process server has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff may have if the levying officer or registered process server acts on the basis of incorrect information given in the written instructions.
§ 488.140.No Liability For Actions Taken In Conformance With Provisions of Title
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 1. General Provisions · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 488.140 shields a levying officer or registered process server from liability for actions taken in conformance with this title, including good-faith reliance on the plaintiff's written instructions, and from liability for loss to attached personal property in the officer's custody absent negligence.
Full Text of § 488.140
(b) Unless the levying officer is negligent in the care or handling of the property, the levying officer is not liable to either the plaintiff or the defendant for loss by fire, theft, injury, or damage of any kind to personal property while (1) in the possession of the levying officer either in a warehouse or other storage place or in the custody of a keeper or (2) in transit to or from a warehouse or other storage place.
Plain-English Summary
Attachment asks levying officers and process servers to make quick, consequential decisions about someone else's property, and Section 488.140 protects them for doing so correctly. Subdivision (a) shields an officer or process server who acts in conformance with this title, including one who relies on the plaintiff's written instructions — unless the officer or server knew that information was wrong. The plaintiff can still be liable to others for supplying bad information, even where the officer is protected.
Subdivision (b) addresses property loss directly. While personal property is in the officer's possession, whether stored in a warehouse, watched by a keeper, or in transit to or from storage, the officer is not liable to either the plaintiff or the defendant for loss by fire, theft, injury, or other damage — unless the officer was negligent in caring for or handling it. That negligence standard is the baseline of responsibility that runs through the entire custody period.
Frequently Asked Questions
Is a levying officer liable if attached property is stolen or damaged in storage?
Not unless the officer was negligent in caring for or handling it. Section 488.140(b) shields the officer from liability for loss by fire, theft, injury, or damage absent negligence.
Can the plaintiff still be sued if the levying officer relied on bad instructions from the plaintiff?
Yes. Section 488.140(a) protects the officer or process server who relies on the plaintiff's instructions, but it expressly does not limit any liability the plaintiff may have for giving incorrect information.
Amendment History
Amended by Stats. 1983, Ch. 155, Sec. 5.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.
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 liability attachment californiais sheriff liable for damaged attached propertyccp 488.140 no liability levying officer