Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person, the levying officer shall comply with Section 700.040.
§ 488.345.To Attach Tangible 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 488.345 requires the levying officer to comply with § 700.040 to attach tangible personal property that is in a third person's possession or control, rather than the defendant's own, unless another method in this article applies.
Full Text of § 488.345
Plain-English Summary
When the defendant's goods are held by someone else — a warehouse, a repair shop, a friend — the officer cannot take custody the way it could from the defendant directly. Section 488.345 sends this situation to § 700.040, the execution-levy procedure for property held by a third person, which typically involves serving that third person with the writ and notice rather than physically seizing the goods on the spot.
Frequently Asked Questions
How is property attached when a third person, not the defendant, is holding it?
Section 488.345 requires the levying officer to comply with § 700.040, the execution-levy method for tangible personal property in a third person's possession or control.
Does the levying officer physically seize goods held by a third person the same way as goods in the defendant's hands?
Not necessarily. Section 488.345's cross-reference to § 700.040 typically works through service on the third person rather than physical removal of the goods.
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 property held by third party californiaccp 488.345 third person possession levy