§ 685.100.Deposit By Judgment Creditor As Prerequisite to Performance By Levying Officer of Duty Or Taking Property
Title 9. Enforcement of Judgments · Division 1 · Chapter 5. Interest and Costs · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 685.100 requires a judgment creditor to deposit funds with the levying officer sufficient to cover the cost of any duty under this title, and, before the officer takes property into custody, an added deposit covering up to 15 days of safekeeping, with further deposits demanded and due within three business days as custody continues, or the property is released.
(1)As a prerequisite to the performance by the levying officer of a duty under this title, the judgment creditor shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty.
(2)As a prerequisite to the taking of property into custody by the levying officer, whether by keeper or otherwise, the judgment creditor shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the judgment creditor deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the judgment creditor. The judgment creditor has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property.
(b)The levying officer is not liable for failure to take or hold property unless the judgment creditor has complied with the provisions of this section.
Plain-English Summary
Levying officers don't front the costs of enforcement out of their own pocket, and this section makes the creditor pay as the work happens. Subdivision (a)(1) requires a deposit sufficient to cover the cost of any duty the officer performs under this title. Subdivision (a)(2) adds a specific deposit for taking property into custody — enough to cover taking the property and keeping it safely for up to 15 days.
If custody needs to continue beyond that, the officer demands additional deposits, orally or in writing, for further periods of up to 30 days at a time; a written demand can be mailed or delivered, and the creditor gets at least three business days after receiving it to pay up. Miss that deadline, and the officer releases the property rather than keep holding it uncompensated.
Subdivision (b) protects the officer from liability for failing to take or hold property whenever the creditor hasn't kept up with these deposit obligations.
Frequently Asked Questions
What must a creditor deposit before the levying officer performs a duty under this title?
A sum of money sufficient to pay the costs of performing that duty.
What's required before the officer takes property into custody?
A deposit sufficient to cover the costs of taking the property and keeping it safely for up to 15 days.
What happens if custody needs to continue longer than that?
The officer demands additional deposits for periods of up to 30 days at a time, and the creditor has at least three business days after the demand to pay.
What happens if the creditor doesn't pay a demanded deposit in time?
The levying officer releases the property.
Is the levying officer liable for failing to take or hold property if the creditor hasn't paid?
No. Subdivision (b) shields the officer from liability when the creditor hasn't complied with this section's deposit requirements.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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:deposit for levying officer costs californiakeeper fees judgment enforcement california