RulesofCivilProcedure.com Civil Procedure · Every State

§ 700.060.Levy Upon Goods In Possession of Bailee

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 700.060 levies on goods held by a bailee who hasn't issued a negotiable document of title by having the levying officer personally serve the bailee, and, if the creditor instructs and a security interest exists, personally or by mail serve the secured party too.

Full Text of § 700.060

Text sizeJump to: (a) (b)

(a) To levy upon goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the bailee.
(b) If the goods described in subdivision (a) are subject to a security interest, the levying officer shall, if so instructed by the judgment creditor, serve a copy of the writ of execution and a notice of levy on the secured party. Service shall be made personally or by mail.

Plain-English Summary

This section covers the bailee track that § 700.040 sets aside for goods without a negotiable document of title. The levying officer personally serves a copy of the writ of execution and a notice of levy on the bailee, as the Commercial Code's definition of that term controls.

If the goods are subject to a security interest, the officer serves the secured party too, but only when the judgment creditor instructs it. That service can be made personally or by mail, giving the creditor some flexibility once the bailee has already been served in person.

Frequently Asked Questions

How is a levy made on goods held by a bailee without a document of title?

By personally serving a copy of the writ of execution and a notice of levy on the bailee.

What happens if the goods are subject to a security interest?

The levying officer also serves the secured party, personally or by mail, if the judgment creditor instructs it.

What definition of "bailee" applies here?

The one in Section 7102 of the Commercial Code.

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 goods bailee california