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§ 514.030.Duty of Levying Officer After Taking Possession

Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 4. Levy and Custody · Last amended 1982 · Last verified July 28, 2026

In one sentenceSection 514.030 sets a ten-day window after levy for the defendant to file a redelivery undertaking or object to the plaintiff's undertaking, requires the levying officer to deliver or redelivery the property once that window closes without dispute, and lets the court order a sale of perishable property.

Full Text of § 514.030

Text sizeJump to: (a) (b)

(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050:
(1) If notice of the filing of an undertaking for redelivery or notice of objection to the plaintiff's undertaking is not received by the levying officer within 10 days after levy of the writ of possession, the levying officer shall deliver the property to plaintiff, upon receiving the fees for taking and necessary expenses for keeping the property.
(2) If notice of the filing of an undertaking for redelivery is received by the levying officer within 10 days after levy of the writ of possession and defendant's undertaking is not objected to, the levying officer shall redeliver the property to defendant upon expiration of the time to so object, upon receiving the fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff.
(3) If notice of objection to the plaintiff's undertaking or notice of the filing of an undertaking for redelivery is received within 10 days after levy of the writ of possession and defendant's undertaking is objected to, the levying officer shall not deliver or redeliver the property until the time provided in Section 515.030.
(b) Notwithstanding subdivision (a), where not otherwise provided by contract and where an undertaking for redelivery has not been filed, upon a showing that the property is perishable or will greatly deteriorate or depreciate in value or for some other reason that the interests of the parties will be best served thereby, the court may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action.

Plain-English Summary

Once the levying officer has possession, the property doesn't just sit there indefinitely — this section sets the clock for what happens next. If ten days pass after levy without notice of a filed redelivery undertaking or an objection to the plaintiff's undertaking, the officer delivers the property to the plaintiff, once the plaintiff pays the officer's fees and expenses for taking and keeping it.

If the defendant does file a redelivery undertaking within that ten-day window and nobody objects to it, the officer redelivers the property to the defendant once the objection period expires, on payment of any fees and expenses not already covered by the plaintiff. If either the plaintiff's undertaking is objected to, or the defendant's redelivery undertaking is filed and then objected to, the officer holds the property until the court resolves the dispute under § 515.030.

Subdivision (b) gives the court a separate escape valve for property that won't wait: where no redelivery undertaking has been filed and no contract addresses the situation, the court may order the property sold — if it's perishable, will greatly deteriorate or depreciate, or the parties' interests are otherwise best served that way — with the proceeds deposited with the court to abide the judgment.

Frequently Asked Questions

How long does the levying officer wait before delivering seized property to the plaintiff?

Ten days after levy, unless notice of a redelivery undertaking or an objection to the plaintiff's undertaking is received within that window.

What happens if the defendant files a redelivery undertaking that isn't objected to?

The officer redelivers the property to the defendant once the objection period expires, upon payment of the fees and expenses for taking and keeping it.

What if the property is perishable and no undertaking has been filed?

Section 514.030(b) lets the court order the property sold and the proceeds deposited with the court pending judgment.

What happens if someone objects to an undertaking?

The levying officer holds the property until the dispute is resolved under § 515.030's procedure.

Amendment History

Amended by Stats. 1982, Ch. 517, Sec. 119.

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: levying officer deliver redeliver property californiaperishable property writ of possession california