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 700.110 levies on an instrument by taking it into custody if the debtor holds it, or personally serving the third person who does, and lets the officer serve the obligor once the officer has custody if the creditor instructs it.
(a)To levy upon an instrument, the levying officer shall:
(1)If the instrument is in the possession of the judgment debtor, take the instrument into custody.
(2)If the instrument is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.
(b)If the levying officer obtains custody of the instrument, the levying officer shall, if the judgment creditor so instructs, serve a copy of the writ of execution and a notice of levy on the obligor. Service shall be made personally or by mail.
Plain-English Summary
An instrument — a note or similar negotiable paper — follows the same possession-based rule as chattel paper. If the judgment debtor has the instrument, the levying officer takes it into custody. If a third person has it, the officer personally serves that third person with a copy of the writ and a notice of levy.
Once the officer has custody of the instrument, the judgment creditor can instruct the officer to also serve the obligor — the person who owes payment under the instrument — personally or by mail. That step lets the obligor know payments should now go through the levy rather than to the debtor directly.
Frequently Asked Questions
How is an instrument levied on if the judgment debtor holds it?
The levying officer takes it into custody.
What if a third person holds the instrument instead?
The officer personally serves that third person with the writ and a notice of levy.
Is the obligor on the instrument served automatically?
No, only if the officer has custody of the instrument and the judgment creditor instructs that the obligor be served.
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