To levy upon tangible personal property of a going business in the possession or under the control of the judgment debtor, the levying officer shall comply with Section 700.030, except to the extent that the judgment creditor instructs that levy be made in the following manner:
§ 700.070.Levy Upon Tangible Personal Property of Going Business In Possession of Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Last amended 1997 · Last verified July 28, 2026
In one sentenceSection 700.070 lets a judgment creditor levy on a going business's tangible personal property by placing a keeper who allows cash-only operation to continue for a requested period, with the officer taking exclusive custody once the debtor objects, the creditor requests it, or ten days pass.
Full Text of § 700.070
(a) The levying officer shall place a keeper in charge of the business for the period requested by the judgment creditor. During the period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the judgment creditor.
(b) The levying officer shall take the tangible personal property into exclusive custody at the earliest of the following times:
(1) At any time the judgment debtor objects to placement of a keeper in charge of the business.
(2) At any time when requested by the judgment creditor.
(3) At the end of 10 days from the time the keeper is placed in charge of the business.
(c) Where a keeper is placed in a business for the purpose of taking into custody tangible personal property consisting solely of money or equivalent proceeds of sales, the provisions of subdivision (b) shall not apply, and the levying officer shall take such property into exclusive custody at the end of each daily keeper period.
Plain-English Summary
Seizing every asset of an operating business the moment a writ is served would shut it down instantly, often destroying value for everyone involved, including the judgment creditor. Section 700.070 gives the creditor an alternative to the ordinary custody rule of § 700.030: instruct the levying officer to place a keeper in charge instead.
While the keeper is there, the business keeps operating in the ordinary course, but every sale has to be final and for cash or its equivalent — a check counts, and the officer isn't liable for accepting one. The keeper takes custody of the sale proceeds unless the creditor directs otherwise.
That arrangement doesn't last indefinitely. The officer must take the property into exclusive custody at whichever comes first: the debtor objects to having a keeper at all, the creditor asks for it, or ten days pass since the keeper took charge. When the keeper's only job is to gather cash and equivalent proceeds, the ten-day rule doesn't apply — the officer instead takes custody of that money at the end of each daily keeper period.
Frequently Asked Questions
How does levy on a going business's property normally work?
Section 700.030's default rule applies unless the judgment creditor instructs the levying officer to use the keeper procedure described in § 700.070.
What can the business do while a keeper is in charge?
Keep operating in the ordinary course, as long as every sale is final and made for cash or its equivalent, including a check.
When must the officer take the business property into exclusive custody?
At the earliest of three events: the debtor objects to the keeper, the creditor requests custody, or ten days pass since the keeper was placed.
Does the ten-day rule apply if the keeper is only collecting cash proceeds?
No. In that situation the officer instead takes custody of the property at the end of each daily keeper period.
Amendment History
Amended by Stats. 1996, Ch. 1159, Sec. 11. Effective January 1, 1997.
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: keeper levy going business californiatill tap keeper levy