Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Last amended 2013 · Last verified July 28, 2026
In one sentenceSection 488.460 attaches property in a safe-deposit box through personal service on the financial institution, bars the institution from letting anyone remove the contents except as the officer directs, and requires the plaintiff to pay an additional statutory fee plus opening and storage costs before the box can be forced open.
(a)Subject to Sections 488.465 and 684.115, to attach property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the financial institution with which the safe-deposit box is maintained.
(b)At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on any third person in whose name the safe-deposit box stands.
(c)During the time the attachment lien is in effect, the financial institution may not permit the removal of any of the contents of the safe-deposit box except as directed by the levying officer.
(d)Upon receipt of a garnishee's memorandum from the financial institution, as required by Section 488.610, indicating a safe-deposit box is under levy, the levying officer shall promptly mail a written notice to the judgment creditor demanding an additional fee as required by Section 26723 of the Government Code, plus the costs to open the safe-deposit box and seize and store the contents. The levying officer shall release the levy on the safe-deposit box if the plaintiff does not pay the required fee, plus costs, within three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail by the levying officer.
(e)The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the attachment of the attached property. The financial institution may refuse to permit the forcible opening of the safe-deposit box to permit the removal of the attached property unless the plaintiff or levying officer pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.
(f)During the time the attachment lien is in effect, the financial institution is not liable to any person for any of the following:
(1)Performance of the duties of a garnishee under the attachment.
(2)Refusal to permit access to the safe-deposit box by the person in whose name it stands.
(3)Removal of any of the contents of the safe-deposit box pursuant to the attachment.
(g)If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the attachment lien is released automatically with respect to any property that remains in the safe-deposit box.
Plain-English Summary
A safe-deposit box is attached the same way a deposit account is served, but the mechanics of reaching its contents differ. The levying officer personally serves the writ and notice on the financial institution (subject again to §§ 488.465 and 684.115), and separately serves any third person whose name is on the box. From that point, the institution may not let anyone remove the box's contents except as the officer directs.
Reaching the actual contents costs extra. Once the institution's garnishee's memorandum confirms a box is under levy, the officer demands a further fee under Government Code § 26723, plus the cost of opening the box and seizing and storing its contents; if the plaintiff does not pay within roughly three business days (plus the mail extension under § 1013(a)), the officer releases the levy. The officer may first let the box holder open it voluntarily, and the institution may refuse to force the box open unless the cost of forcing it and repairing any damage is paid in advance. If the officer removes only some of the contents and leaves the rest, the lien on what remains in the box is automatically released.
Frequently Asked Questions
How is a safe-deposit box attached under California law?
Section 488.460 requires the levying officer to personally serve a copy of the writ and notice of attachment on the financial institution maintaining the box.
Does the plaintiff have to pay extra to force a safe-deposit box open?
Yes. Section 488.460(d) requires the plaintiff to pay an additional statutory fee plus the costs of opening the box and seizing and storing the contents, or the officer releases the levy.
Amendment History
Amended by Stats 2012 ch 484 (AB 2364),s 3, eff. 1/1/2013. Amended by Stats 2003 ch 888 (AB 394),s 1, eff. 1/1/2004.
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 safe deposit box californiaccp 488.460 opening safe deposit box levy cost