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§ 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

In one sentenceSection 687.040 shields a levying officer or registered process server from liability for actions taken in conformance with this title, including reasonable reliance on a creditor's instructions, and protects the officer from liability for loss to property in custody unless the officer was negligent.

Full Text of § 687.040

Text sizeJump to: (a) (b)

(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the judgment creditor, or in reliance on information provided to the levying officer by a registered process server pursuant to subdivision (d) of Section 699.080 or subdivision (e) of Section 706.101 or subdivision (b) of Section 715.040 or other provision, except to the extent the levying officer or registered process server has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the judgment creditor may have if the levying officer or registered process server acts on the basis of incorrect information given in the written instructions.
(b) Unless the levying officer is negligent in the care or handling of the property, the levying officer is not liable to either the judgment debtor or the judgment creditor for loss by fire, theft, injury, or damage of any kind to personal property while (1) in the possession of the levying officer either in a warehouse or other storage place or in the custody of a keeper or (2) in transit to or from a warehouse or other storage place.

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.

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 liability californiasheriff liability writ of execution