§ 689.040.Performance of Duties of Levying Officer; Delivery of Writ of Execution to Centralized Location
Title 9. Enforcement of Judgments · Division 1 · Chapter 9. Enforcement of Support Judgments · Last amended 2000 · Last verified July 28, 2026
Full Text of § 689.040
Plain-English Summary
Support enforcement gets a practical efficiency most judgment creditors don't have. Subdivision (a) lets the local child support agency, when enforcing a support obligation under Division 17 (commencing with § 17000) of the Family Code, perform the levying officer's own duties on a writ of execution issued under Chapter 3 (commencing with § 699.010) and Chapter 5 (commencing with § 706.010) of Division 2 — without having to serve itself the notices a levying officer would otherwise give to, or receive from, a judgment creditor.
Subdivision (b) adds a shortcut for bank and savings-and-loan levies. Rather than serving the writ on whatever branch might hold the debtor's account, the agency may deliver or mail it to a centralized location the institution has designated. Once the writ reaches that central point, it reaches every deposit, credit, and item of personal property the institution holds for the debtor, wherever within the institution that property happens to sit.
Together, these provisions let support agencies move faster and more broadly than the ordinary levy process allows, reflecting the priority the law places on collecting support obligations without duplicative notice steps or branch-by-branch service.
Frequently Asked Questions
Can a local child support agency act as its own levying officer?
Yes, under § 689.040(a), when enforcing a support obligation under the Family Code and using a court-issued writ of execution, though the agency doesn't need to serve itself the usual levying-officer notices.
How does the centralized-location rule for bank levies work?
The agency may deliver or mail the writ to a location the bank or savings and loan association has designated, and the writ then applies to all the debtor's deposits, credits, and property at that institution regardless of branch.
Does this bypass the usual notice requirements between creditor and levying officer?
Only the notices the levying officer would otherwise serve on, or receive from, a judgment creditor — since the agency here fills both roles.
Amendment History
Amended by Stats 2000 ch 808 (AB 1358), s 8, eff. 9/28/2000.