(a) The levying officer shall release property levied upon when the levying officer receives a written direction to release the property from the judgment creditor's attorney of record or, if the judgment creditor does not have an attorney of record, from the judgment creditor, or when the levying officer receives a certified copy of a court order for release, or when otherwise required to release the property. The release shall include the signature and name of the attorney or judgment creditor issuing the release. The release extinguishes any execution lien or attachment lien in favor of the judgment creditor on the property released.
§ 699.060.Release of Property Levied Upon
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 1. General Provisions · Last amended 2011 · Last verified July 28, 2026
In one sentenceSection 699.060 sets out how a levying officer releases property that was levied upon, covering who can trigger the release, how the property or its proceeds get returned when unclaimed, and confirms that the release extinguishes the execution or attachment lien without exposing the officer to liability.
Full Text of § 699.060
(b) If the property to be released has been taken into custody under the levy, it shall be released to the person from whom it was taken unless otherwise ordered by the court. If the person does not claim the property to be released, the levying officer shall retain custody of the property and shall serve on the person a notice of where possession of the property may be obtained. Service shall be made personally or by mail. If the person does not claim the property within 30 days after the notice is served, the levying officer shall sell the property in the manner provided by Article 6 (commencing with Section 701.510), other than cash, which does not have a value exceeding its face value. The levying officer shall deposit the proceeds of sale and cash, after first deducting the levying officer's costs, with the county treasurer of the county where the property is located, payable to the order of the person. If the amount deposited is not claimed by the person, or the legal representative of the person, within five years after the deposit is made by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county.
(c) If the property to be released has not been taken into custody under the levy, the levying officer shall release the property by issuing a written notice of release and serving it on the person who was served with a copy of the writ and a notice of levy to create the lien. Service shall be made personally or by mail.
(d) If the property to be released was levied upon by recording or filing a copy of the writ and a notice of levy, the levying officer shall record or file a written notice of release in the same office.
(e) The levying officer is not liable for releasing property in accordance with this section nor is any other person liable for acting in conformity with the release.
Plain-English Summary
A levy is not permanent. Subdivision (a) lets a written release come from the judgment creditor's attorney of record, or from the creditor directly if there is no attorney, or from a certified copy of a court order. However the release arrives, it extinguishes whatever execution or attachment lien the creditor held on the released property.
What happens next depends on how the property was held. If the levying officer took physical custody of it, subdivision (b) sends it back to whoever it was taken from — unless a court says otherwise — and if that person never comes to claim it, the officer holds it, gives notice of where to collect it, and after 30 days can sell it under the sale procedure in Article 6 (§ 701.510). Sale proceeds and unclaimed cash go to the county treasurer, where they sit for up to five years before reverting to the county's general fund if still unclaimed. If the property was never taken into custody, subdivisions (c) and (d) call for a simpler written notice of release served on whoever was served with the original writ and notice of levy, or recorded or filed wherever the levy itself was recorded or filed.
Subdivision (e) protects the officer and anyone who acts on the release from liability for doing so, and subdivision (f) confirms the written release can be transmitted electronically under § 263.
Frequently Asked Questions
Who can direct a levying officer to release levied property?
The judgment creditor's attorney of record, or the creditor personally if there is no attorney, or a certified copy of a court order requiring release.
What happens to the lien once property is released?
Section 699.060(a) states that the release extinguishes any execution lien or attachment lien the creditor held on the property.
What if the person entitled to released property never comes to collect it?
The officer retains custody, serves notice of where it can be obtained, and if it is not claimed within 30 days, sells it under the Article 6 sale procedure, depositing the proceeds with the county treasurer.
What happens to money deposited with the county treasurer if it is never claimed?
If neither the person nor a legal representative claims it within five years, it is paid into the county's general fund.
Is the levying officer liable for releasing property under this section?
No. Subdivision (e) states the officer is not liable for releasing property in accordance with this section, and neither is anyone else who acts in conformity with the release.
Amendment History
Amended by Stats 2010 ch 680 (AB 2394),s 6, eff. 1/1/2011.
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: release of levied property californiarelease of execution lien california