To levy upon a negotiable document of title, the levying officer shall:
§ 700.120.Levy Upon Negotiable Document of Title
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 700.120 levies on a negotiable document of title by taking it into custody if the judgment debtor possesses it, or by personally serving the third person who has possession instead.
Full Text of § 700.120
(a) If the negotiable document of title is in the possession of the judgment debtor, take the negotiable document of title into custody.
(b) If the negotiable document of title 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.
Plain-English Summary
A negotiable document of title stands in for goods a bailee holds, which is why § 700.040 routes bailed goods with such a document to this section rather than levying the goods directly. The rule itself is simple: if the judgment debtor has the document, the levying officer takes it into custody; if a third person has it, the officer personally serves that person with a copy of the writ and a notice of levy.
Because the document controls the underlying goods, levying on it this way reaches the goods without the officer ever having to locate or take custody of them directly.
Frequently Asked Questions
How is a negotiable document of title levied on?
By taking it into custody if the judgment debtor has it, or by personally serving the third person who has possession of it.
Why would goods held by a bailee be levied on this way instead of directly?
Because § 700.040 requires that route whenever the bailee has issued a negotiable document of title for the goods.
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 negotiable document of title california