"Levying officer" means the sheriff or marshal.
§ 680.260.Levying Officer
Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Last amended 1997 · Last verified July 28, 2026
In one sentenceSection 680.260 defines levying officer to mean the sheriff or marshal, identifying the specific public officers authorized to execute writs and carry out levies under the Enforcement of Judgments Law, as distinct from registered process servers or private attorneys.
Full Text of § 680.260
Plain-English Summary
Enforcing a judgment often means physically taking property into custody, and California law reserves that authority for public officers: the sheriff or marshal. This section's definition is short because the concept needs no elaboration, but it draws an important line elsewhere in the EJL between what a levying officer must do and what a registered process server -- defined separately in § 680.330 -- is authorized to handle instead.
Judgment creditors do not levy on property themselves. They give instructions to the levying officer under § 687.010, and it is the levying officer, not the creditor or the creditor's attorney, who carries out the seizure, sale, or other enforcement action the writ commands.
Frequently Asked Questions
Who is the "levying officer" under California's Enforcement of Judgments Law?
The sheriff or marshal -- the public officer authorized to execute writs and carry out levies on a judgment debtor's property.
Can a judgment creditor or the creditor's attorney levy on property directly?
No. Levying is carried out by the levying officer based on the creditor's written instructions under § 687.010, not by the creditor personally.
Is a registered process server the same thing as a levying officer?
No, they are distinct roles. Section 680.330 separately defines a registered process server, who handles certain service functions but does not carry out levies the way a sheriff or marshal does.
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 16. 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
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