Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant, the levying officer shall take the property into custody.
§ 488.335.To Attach Personal Property In Possession of Defendant
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 488.335 requires the levying officer to take tangible personal property into custody in order to attach it, when that property is in the defendant's own possession or control and no other method in this article applies.
Full Text of § 488.335
Plain-English Summary
This is the default rule for the most familiar kind of levy: physical goods sitting with the defendant. Unless some more specific provision of Article 2 covers the property (a vehicle used as business equipment, farm products, chattel paper, and so on), the levying officer attaches tangible personal property in the defendant's possession or control the direct way — by taking it into custody under one of the methods in § 488.090.
Frequently Asked Questions
How is ordinary personal property in a defendant's possession attached?
Section 488.335 requires the levying officer to take it into custody, unless a more specific method elsewhere in this article applies to that particular property.
What are the officer's options for taking physical goods into custody under this section?
Section 488.090 gives the officer the choice of removing the property to safekeeping, installing a keeper, or otherwise obtaining possession or control.
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: attaching personal property in defendants possession californiaccp 488.335 tangible personal property levy