To attach an instrument, the levying officer shall comply with Section 700.110.
§ 488.440.To Attach Instrument
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 488.440 requires the levying officer to attach an instrument, such as a negotiable note or similar paper evidencing a right to payment, by complying with the execution-levy procedure set out in § 700.110.
Full Text of § 488.440
Plain-English Summary
An instrument — a negotiable note or similar paper evidencing a right to payment — is attached under the procedure in § 700.110. A related section, § 488.710, separately governs what the officer must do with certain instruments, like checks payable to the defendant, that come into the officer's hands.
Frequently Asked Questions
How is a promissory note or negotiable instrument attached under California law?
Section 488.440 requires the levying officer to comply with § 700.110.
What happens to a check payable to the defendant that the officer collects during a levy?
That is governed separately by § 488.710, which requires the officer to promptly endorse and present it for payment, with the proceeds held subject to the attachment lien.
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 a promissory note californiaccp 488.440 instrument levy