§ 687.040.Liability For Actions Taken In Conformance With Title; Loss of Personal Property By Fire, Theft, Injury Or Damage
Title 9. Enforcement of Judgments · Division 1 · Chapter 7. Levying Officers · Last amended 1983 · Last verified July 28, 2026
Full Text of § 687.040
Plain-English Summary
Levying officers act on someone else's information and hold someone else's property, and § 687.040 protects them for doing both responsibly. Subdivision (a) shields an officer or registered process server from liability for actions taken in conformance with this title — including relying on the judgment creditor's written instructions or information a registered process server supplies — unless the officer has actual knowledge that the information is wrong. That protection doesn't erase the creditor's own exposure: if the officer acts on incorrect instructions, the creditor may still be liable.
Subdivision (b) covers property already in the officer's hands. Unless the officer was negligent in caring for or handling it, the officer isn't liable to either the debtor or the creditor for loss by fire, theft, injury, or other damage while the property sits in a warehouse or other storage, in a keeper's custody, or in transit to or from storage.
Together with §§ 687.010 through 687.030, this section defines the working reality of levying officers: they follow instructions and take custody of property, and the law protects them for doing that job in good faith, while still holding them to ordinary care once property is in their hands.
Frequently Asked Questions
Is a levying officer personally liable for following a creditor's written instructions that turn out to be wrong?
Not unless the officer had actual knowledge the information was incorrect. But the creditor may still be liable if the officer acted on incorrect instructions.
What if levied property is damaged or stolen while in the officer's custody?
The officer isn't liable for that loss unless the officer was negligent in caring for or handling the property.
Does this protection extend to registered process servers acting as levying officers?
Yes, § 687.040(a) extends the same liability shield to a registered process server for actions taken in conformance with this title.
Amendment History
Amended by Stats. 1983, Ch. 155, Sec. 11. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.