"Instrument" means "instrument", as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
§ 680.220.Instrument
Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 680.220 defines instrument by cross-reference to the Commercial Code, covering negotiable instruments such as promissory notes and drafts, a category of tangible personal property a levying officer generally must physically seize to enforce against.
Full Text of § 680.220
Plain-English Summary
An instrument -- a promissory note, a check, a draft -- is a piece of paper that itself carries legal significance, distinct from the underlying obligation it represents. This section imports the Commercial Code's definition directly, keeping the enforcement-law meaning consistent with the commercial-law meaning.
Because instruments are classified as tangible personal property under § 680.370, reaching one generally means the levying officer has to take physical custody of the actual paper (or its electronic equivalent), not just notify a third party the way a bank levy or wage garnishment works. Section 687.020 addresses one specific wrinkle: what happens when an instrument is payable to the judgment debtor on demand.
Frequently Asked Questions
What is an example of an "instrument" under the Enforcement of Judgments Law?
A promissory note, check, or draft -- a negotiable instrument as defined by Commercial Code Section 9102.
How does a levying officer reach an instrument owned by the judgment debtor?
Because instruments count as tangible personal property, the levying officer generally must take physical custody of the instrument itself, rather than serving notice on a third party the way a bank levy works.
Amendment History
EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).
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: instrument definition california judgment enforcementlevy on promissory note california