§ 699.080.Types of Property Levied Upon By Registered Process Server
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 1. General Provisions · Last amended 2017 · Last verified July 28, 2026
In one sentenceSection 699.080 authorizes a registered process server to levy under a writ of execution on specific listed property types, subject to depositing a copy of the writ and fee with the levying officer beforehand, following the same levy and service requirements as any other levying officer, and filing required documents within five court days after levy.
(2)Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020.
(3)Personal property in the custody of a levying officer, pursuant to Section 700.050.
(4)Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.
(6)Property in a safe-deposit box, pursuant to Section 700.150.
(7)Accounts receivable or general intangibles, pursuant to Section 700.170.
(8)Final money judgments, pursuant to Section 700.190.
(9)Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200.
(b)Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code.
(c)If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:
(1)Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010).
(2)Request any third person served to give a garnishee's memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server.
(d)Within five court days after levy under this section, all of the following shall be filed with the levying officer:
(1)The writ of execution.
(2)A proof of service by the registered process server stating the manner of levy performed.
(3)Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).
(4)Instructions in writing, as required by the provisions of Section 687.010.
(e)If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon.
(f)The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
(g)A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid.
Plain-English Summary
Most levies are made by a sheriff or marshal, but this section carves out a role for registered process servers on a defined list of property types: real property, growing crops or timber or minerals to be extracted, personal property already in a levying officer's custody, personal property used as a dwelling, deposit accounts, safe-deposit box contents, accounts receivable or general intangibles, final money judgments, and a debtor's interest in a decedent's estate.
Before doing any of this, the process server has to deposit a copy of the writ and the statutory fee with the levying officer. Once that is done, the process server has to follow the same levy, posting, and service rules that apply under Article 4 (§ 700.010), and has to ask any third person served to complete a garnishee's memorandum under § 701.030.
Within five court days after the levy, the process server files the writ itself, proof of service describing how the levy was performed, proof that the writ and notice of levy were served on other required persons, and written instructions under § 687.010. If the fee has been paid, the levying officer takes over the remaining duties as though the officer had made the levy. If the process server does not meet these requirements, though, the levy does not take effect, and the officer can release whatever property was targeted.
Frequently Asked Questions
What kinds of property can a registered process server levy on?
A specific list including real property, growing crops or timber or minerals, personal property already in the levying officer's custody, personal property used as a dwelling, deposit accounts, safe-deposit box property, accounts receivable or general intangibles, final money judgments, and a debtor's interest in a decedent's estate.
What must a process server do before levying under this section?
Deposit with the levying officer a copy of the writ and the fee required by Government Code § 26721.
What happens if the process server does not comply with the filing and fee requirements?
The levy is ineffective, and the levying officer is not required to perform any duties under the writ and may release property that was sought to be levied upon.
Can a process server levy more than once under the same writ?
Yes, as long as the writ is still valid.
Is the process server's fee recoverable as a cost?
Amended by Stats 2016 ch 102 (AB 2211),s 2, eff. 1/1/2017. Amended by Stats 2007 ch 15 (AB 859),s 3, eff. 1/1/2008. Amended by Stats 2002 ch 197 (AB 2493),s 3, eff. 1/1/2003.
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:registered process server levy californiaprocess server writ of execution california