If personal property sought to be levied upon is located in a private place of the judgment debtor:
§ 699.030.Personal Property Located In Private Place of Judgment Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 699.030 requires a levying officer to demand delivery of personal property found in a debtor's private place, and, if the debtor refuses, lets the judgment creditor seek a court order, supported by probable cause, authorizing the officer to enter and seize the property.
Full Text of § 699.030
(a) The levying officer making the levy shall demand delivery of the property by the judgment debtor and shall advise the judgment debtor that the judgment debtor may be liable for costs and attorney's fees incurred in any further proceedings to obtain delivery of the property. If the judgment debtor does not deliver the property, the levying officer shall make no further effort to obtain custody of the property and shall promptly notify the judgment creditor of the failure to obtain custody of the property.
(b) The judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the levying officer to seize the property in the private place. The application may be made whether or not a writ has been issued and whether or not demand has been made pursuant to subdivision (a). The application for the order shall describe with particularity both the property sought to be levied upon, and the place where it is to be found, according to the best knowledge, information, and belief of the judgment creditor. The court may not issue the order unless the judgment creditor establishes that there is probable cause to believe that property sought to be levied upon is located in the place described. The levying officer making the levy, at the time delivery of the property pursuant to the order is demanded, shall announce his or her identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause the building or enclosure where the property is believed to be located to be broken open in such manner as the levying officer reasonably believes will cause the least damage, but if the levying officer reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, the levying officer shall refrain from entering and shall promptly make a return to the court setting forth the reasons for believing that the risk exists. In such a case, the court shall make such orders as may be appropriate.
Plain-English Summary
A levying officer cannot walk into a debtor's private place and take property without following steps first. Subdivision (a) requires the officer instead to demand that the debtor hand the property over, and to warn the debtor that refusing could lead to liability for costs and attorney's fees in later proceedings. If the debtor still refuses, the officer stops there and notifies the judgment creditor that custody could not be obtained.
From that point, it is up to the creditor. Subdivision (b) lets the creditor apply to the court, usually ex parte, for an order directing the officer to seize the property in the private place. That application has to describe both the property and its location with particularity, and the court cannot issue the order unless the creditor shows probable cause that the property is where the application says it is.
Even with an order in hand, the officer's authority has limits. The officer must announce identity, purpose, and authority before entering, and may break open a building or enclosure only in the way that causes the least damage reasonably possible. If entry poses a substantial risk of death or serious bodily harm to anyone, the officer must back off and report the situation to the court rather than force the issue.
Frequently Asked Questions
What must a levying officer do before entering a debtor's private place?
Demand delivery of the property from the debtor and warn that refusal may lead to liability for costs and attorney's fees, before making any further attempt to obtain the property.
What happens if the debtor refuses to hand over the property?
The officer stops trying to obtain custody and promptly notifies the judgment creditor of the failure, leaving it to the creditor to seek a court order under subdivision (b).
What must the creditor show to get a court order authorizing entry?
Probable cause to believe the property sought is located in the specific place described in the application, which must identify both the property and the place with particularity.
Can the officer force entry into a locked building under this order?
Yes, if the property is not voluntarily delivered, but only in the manner the officer reasonably believes will cause the least damage.
What if entering could put someone at serious risk?
The officer must refrain from entering and promptly report to the court the reasons for believing that risk exists, and the court then decides what to do next.
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: levy private place californiasearch warrant writ of execution california