§ 700.050.Levy Upon Person Property In Custody of Levying Officer
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 700.050 levies on personal property already in a levying officer's custody by having the judgment creditor deliver the writ directly to that officer, or, if a different officer holds the writ, by serving a copy of the writ and notice of levy on the officer with custody.
(a)To levy upon personal property in the custody of a levying officer:
(1)If the writ of execution is directed to the levying officer having custody of the property, the judgment creditor shall deliver the writ to the levying officer.
(2)If the writ of execution is directed to a levying officer other than the levying officer having custody of the property, the levying officer to whom the writ is directed shall serve a copy of the writ and a notice of levy on the levying officer having custody. Service shall be made personally or by mail.
(b)The levying officer having custody of the property shall comply with the writs in the order they are received and is not subject to the provisions of Article 5 (commencing with Section 701.010) (duties and liabilities of third persons after levy).
Plain-English Summary
Property already in official custody — seized under an earlier writ, for example — gets levied on through the officers involved rather than through the property's physical location. If the writ is already directed to the officer holding the property, the judgment creditor delivers the writ directly to that officer. If a different officer is named on the writ, that officer instead serves a copy of the writ and a notice of levy, personally or by mail, on the officer who has custody.
The officer with custody then works through whatever writs arrive in the order received. Section 700.050(b) also exempts that custodial officer from Article 5's duties for third persons after levy, since holding the property in an official capacity is different from being a garnishee.
Frequently Asked Questions
How does a plaintiff levy on property already in a levying officer's custody?
By delivering the writ to that officer if it's already directed there, or by serving a copy of the writ and a notice of levy on the custodial officer if a different officer holds the writ.
What order does the officer with custody follow when multiple writs come in?
The order in which the writs are received.
Does the custodial officer have to follow Article 5's rules for third persons after levy?
No, § 700.050(b) exempts the officer with custody from those duties.
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 property in custody of levying officer california