§ 488.395.To Attach Farm Products Or Inventory of Going Business

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Last amended 1997 · Last verified July 28, 2026

In one sentenceSection 488.395 attaches farm products or a going business's inventory by placing a keeper in charge, allowing the business to keep operating on cash-only sales for 10 days (if the defendant is a natural person and the writ issued ex parte) or 2 days otherwise, before the officer takes exclusive custody.

Full Text of § 488.395

Text sizeJump to: (a) (b) (c) (d) (e)

Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405:

(a) To attach farm products or inventory of a going business in the possession or under the control of the defendant, the levying officer shall place a keeper in charge of the property for the period prescribed by subdivisions (b) and (c). During the keeper period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the plaintiff.

(b) Subject to subdivision (c), the period during which the business may continue to operate under the keeper is:

(1) Ten days, if the defendant is a natural person and the writ of attachment has been issued ex parte pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or pursuant to Chapter 5 (commencing with Section 485.010).

(2) Two days, in cases not described in paragraph (1).

(c) Unless some other disposition is agreed upon by the plaintiff and the defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times:

(1) At any time the defendant objects to placement of a keeper in charge of the business.

(2) At the conclusion of the applicable period prescribed by subdivision (b).

(d) A defendant described in paragraph (1) of subdivision (b) may claim an exemption pursuant to subdivision (b) of Section 487.020 by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply. Upon a showing that the property is exempt pursuant to subdivision (b) of Section 487.020, the court shall order the release of the exempt property and may make such further order as the court deems appropriate to protect against frustration of the collection of the plaintiff's claim. The order may permit the plaintiff to attach farm products or inventory of the going business and proceeds or after- acquired property, or both, by filing pursuant to Section 488.405 and may provide reasonable restrictions on the disposition of the property previously attached.

(e) This section does not apply to the placement of a keeper in a business for the purpose of attaching tangible personal property consisting solely of money or equivalent proceeds of sales, which shall be conducted in the same manner as provided in Section 700.070.

Plain-English Summary

Shutting down a farm or a retail business the moment a writ of attachment issues would often destroy more value than the attachment is meant to secure. Section 488.395 balances that concern against the plaintiff's security interest by installing a keeper rather than closing the doors immediately. During the keeper period, the business may continue operating in the ordinary course, but every sale must be for cash or its equivalent (a check counts), and the keeper takes custody of the sale proceeds unless the plaintiff directs otherwise.

The keeper period itself is short: 10 days if the defendant is a natural person and the writ was issued ex parte, and 2 days in every other case. It ends earlier if the defendant objects to the keeper. At that point, or at the end of the period, the officer takes the property into exclusive custody. A natural-person defendant may claim an exemption under § 487.020(b) using the streamlined procedure in § 482.100(c), without needing to show changed circumstances, and a court finding the property exempt may allow the plaintiff to instead attach the products or inventory (and after-acquired property) by filing under § 488.405.

Frequently Asked Questions

Can a business keep operating after its inventory is attached in California?

Yes, for a limited time. Section 488.395 allows the business to continue operating under a keeper on a cash-only basis for 10 days (ex parte writ against a natural person) or 2 days otherwise, before the officer takes exclusive custody.

Can the business owner get exempt property released during the keeper period?

Section 488.395(d) lets a natural-person defendant claim an exemption under § 487.020(b) via the § 482.100(c) procedure without showing changed circumstances, and the court can allow the plaintiff to refile under § 488.405 instead.

Amendment History

Amended by Stats. 1996, Ch. 1159, Sec. 10. Effective January 1, 1997.

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: keeper on farm products or inventory californiacan business keep operating after attachment levyccp 488.395 keeper period 10 days 2 days