§ 699.040.Order Directing Judgment Debtor to Transfer to Levying Officer
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 699.040 lets a judgment creditor apply for a court order, on a showing of need, directing the judgment debtor to hand over to the levying officer either possession of property sought to be levied upon or documentary evidence of title to property or a debt owed the debtor.
(a)If a writ of execution is issued, 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 judgment debtor to transfer to the levying officer either or both of the following:
(1)Possession of the property sought to be levied upon if the property is sought to be levied upon by taking it into custody.
(2)Possession of documentary evidence of title to property of or a debt owed to the judgment debtor that is sought to be levied upon. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.
(b)The court may issue an order pursuant to this section upon a showing of need for the order.
(c)The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to arrest and punishment for contempt of court.
Plain-English Summary
Sometimes a levying officer cannot get at property without the debtor's cooperation — the debtor may hold the only key, or the only paperwork proving ownership. Subdivision (a) lets the creditor apply, ex parte or on noticed motion if the court or a court rule requires it, for an order directing the debtor to transfer possession of the targeted property, or documentary evidence of title to property or a debt owed the debtor, to the levying officer.
The court does not issue this order automatically. Subdivision (b) requires a showing of need before the court will grant it. And once granted, subdivision (c) gives the order real teeth: it must be personally served on the debtor and must warn that failing to comply can lead to arrest and punishment for contempt of court.
The order covering documentary evidence of title has some flexibility in timing — it can be served when the property or debt is levied upon, or afterward, which matters when the paperwork surfaces only after the initial levy attempt.
Frequently Asked Questions
What kind of order can a creditor get under Section 699.040?
An order directing the judgment debtor to transfer to the levying officer either possession of property sought to be levied upon, or documentary evidence of title to property or a debt owed the debtor.
What must the creditor show to obtain this order?
A showing of need for the order, under subdivision (b).
How is the order enforced against a debtor who ignores it?
The order must be personally served and must warn the debtor that noncompliance may lead to arrest and punishment for contempt of court.
Can the order covering title documents be served after the levy already happened?
Yes. Subdivision (a)(2) allows service of that order either at the time of levy or afterward.
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:order to transfer property to levying officer californiacontempt writ of execution california