(a) To levy upon real property, the levying officer shall record with the recorder of the county where the real property is located a copy of the writ of execution and a notice of levy that describes the property levied upon and states that the judgment debtor's interest in the described property has been levied upon. If the judgment debtor's interest in the real property stands upon the records of the county in the name of a person other than the judgment debtor, the notice of levy shall identify the third person and the recorder shall index the copy of the writ and notice of levy in the names of both the judgment debtor and the third person.
§ 700.015.Levy Upon Real Property
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 700.015 levies upon real property by recording a copy of the writ and a notice of levy with the county recorder, then requires the levying officer to serve that same notice on any third party of record and on an occupant of the property.
Full Text of § 700.015
(b) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ and a notice of levy on any third person in whose name the judgment debtor's interest in the real property stands upon the records of the county. Service shall be made personally or by mail. If service on the third person is by mail, it shall be sent to the person at the address for such person, if any, shown by the records of the office of the tax assessor of the county where the real property is located or, if no address is so shown, to the person at the address used by the county recorder for the return of the instrument creating the interest of the third person in the property.
(c) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ and a notice of levy on one occupant of the real property. Service on the occupant shall be made by leaving the copy of the writ and a notice of levy with the occupant personally or, in the occupant's absence, with a person of suitable age and discretion found upon the real property when service is attempted who is either an employee or agent of the occupant or a member of the occupant's household. If unable to serve such an occupant at the time service is attempted, the levying officer shall post the copy of the writ and the notice of levy in a conspicuous place on the real property. If the real property described in the notice of levy consists of more than one distinct lot, parcel, or governmental subdivision and any of the lots, parcels, or governmental subdivisions lies with relation to any of the others so as to form one or more continuous, unbroken tracts, only one service or posting need be made under this subdivision as to each continuous, unbroken tract.
Plain-English Summary
Levying on real property starts at the recorder's office, not at the property itself. Section 700.015 requires the levying officer to record a copy of the writ of execution and a notice of levy describing the property with the recorder of the county where the land sits. If county records show title in someone other than the judgment debtor, the notice has to name that third person, and the recorder indexes the levy under both names.
The officer also has to serve a copy of the writ and notice on that third person, personally or by mail, using the address on file with the tax assessor or the address the recorder used when the third person's interest was recorded.
Finally, the officer serves one occupant of the property, in person or by leaving the papers with a suitable adult found there, or by posting them in a conspicuous place if no one can be served. A single continuous tract made up of multiple parcels needs only one service or posting, even if it spans several distinct lots.
Frequently Asked Questions
Where does a levy on real property first get recorded?
With the recorder of the county where the real property is located, along with a copy of the writ of execution.
What happens if title stands in someone else's name in county records?
The notice of levy has to identify that third person, and the recorder indexes the levy in the names of both the judgment debtor and the third person.
Does the levying officer have to serve anyone at the property itself?
Yes, one occupant, served personally or with a suitable person found there, or by posting if no one can be served.
What if the real property consists of several adjoining parcels?
Only one service or posting is required for each continuous, unbroken tract, even if it includes more than one distinct lot or parcel.
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 on real property californiarecording notice of levy real property