§ 699.540.Notice of Levy

Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 2. Writ of Execution and Notice of Levy · Last amended 2020 · Last verified July 28, 2026

In one sentenceSection 699.540 lists what the notice of levy required under Article 4 must tell the person notified, including the capacity in which they are notified, what property is levied upon, their rights to claim an exemption or file a third-party claim, their duties under the levy, and any additional names listed on the writ.

Full Text of § 699.540

Text sizeJump to: (a) (b) (c) (d) (e)

The notice of levy required by Article 4 (commencing with Section 700.010) shall inform the person notified of all of the following:

(a) The capacity in which the person is notified.

(b) The property that is levied upon.

(1) The right to claim an exemption pursuant to Chapter 4 (commencing with Section 703.010).

(2) The right to make a third-party claim pursuant to Division 4 (commencing with Section 720.010).

(3) The right to, and the limitations of, the automatic exemption pursuant to Section 704.220. This paragraph shall become operative on September 1, 2020.

(d) The person's duties under the levy.

(e) All names listed in the writ of execution pursuant to an affidavit of identity, as defined in Section 680.135, if any.

Plain-English Summary

A notice of levy has to do more than announce that a levy happened. Section 699.540 spells out what it must communicate: the capacity in which the recipient is being notified, exactly what property is being levied upon, and the recipient's duties once that levy takes effect.

Subdivision (c) focuses on rights, and requires the notice to cover three of them: the right to claim an exemption under Chapter 4 (§ 703.010), the right to file a third-party claim under Division 4 (§ 720.010) if the recipient believes the property is really theirs and not the debtor's, and the right to, and limits of, the automatic exemption for money under § 704.220.

Subdivision (e) adds one more piece of information — any additional names listed on the writ through an affidavit of identity under § 680.135, so a recipient can see whether the writ is reaching them under a name they recognize as their own.

Frequently Asked Questions

What rights must a notice of levy tell the recipient about?

The right to claim an exemption under § 703.010, the right to file a third-party claim under § 720.010, and the right to, and limits of, the automatic exemption under § 704.220.

Does the notice have to describe what property was levied upon?

Yes, subdivision (b) requires the notice to identify the property that is levied upon.

Does the notice need to mention additional names on the writ?

Yes. Subdivision (e) requires disclosure of all names listed in the writ pursuant to an affidavit of identity, if any.

Does the notice tell the recipient what they are supposed to do?

Yes, subdivision (d) requires the notice to state the recipient's duties under the levy.

Amendment History

Amended by Stats 2019 ch 552 (SB 616),s 2, eff. 1/1/2020. Amended by Stats 2000 ch 639 (AB 2405), s 5, eff. 1/1/2001.

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: notice of levy contents californianotice of levy requirements california