Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Last amended 2013 · Last verified July 28, 2026
In one sentenceSection 700.150 levies on property in a safe-deposit box by personally serving the financial institution, barring removal of contents except as the levying officer directs, and requiring the officer to give the judgment creditor advance notice before forcibly opening the box.
(a)Subject to Section 700.160, to levy upon property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the safe-deposit box is maintained.
(b)At the time of the levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name the safe-deposit box stands. Service shall be made personally or by mail.
(c)During the time the execution lien is in effect, the financial institution may not permit the removal of any of the contents of the safe-deposit box except as directed by the levying officer.
(d)Upon receipt of a garnishee's memorandum from the financial institution indicating a safe-deposit box is under levy, the levying officer shall promptly mail a written notice to the judgment creditor demanding an additional fee as required by Section 26723 of the Government Code, plus the costs to open the safe- deposit box and seize and store the contents. The levying officer shall release the levy on the safe-deposit box if the judgment creditor does not pay the required fee, plus costs, within three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail by the levying officer.
(e)The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the levy of the property levied upon. The financial institution may refuse to permit the forcible opening of the safe-deposit box to permit the removal of the property levied upon unless the levying officer or the judgment creditor pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.
(f)The levying officer shall give the judgment creditor at least three court days' advance notice of the date and time the levying officer will open the safe-deposit box and seize the contents thereof, and the judgment creditor shall be entitled to be present at that time.
(g)During the time the execution lien is in effect, the financial institution is not liable to any person for any of the following:
(1)Performance of the duties of a garnishee under the levy.
(2)Refusal to permit access to the safe-deposit box by the person in whose name it stands.
(3)Removal of any of the contents of the safe-deposit box pursuant to the levy.
(h)If the levying officer removes any property from the safe-deposit box to satisfy the levy, but allows other property to remain in the safe-deposit box, the execution lien is released automatically with respect to any property that remains in the safe-deposit box.
Plain-English Summary
A safe-deposit box gets levied on the same way a deposit account does — personal service on the financial institution, subject to § 700.160's added protections for boxes standing in someone else's name — but opening the box involves more steps than freezing an account. The officer also serves any third person in whose name the box stands, personally or by mail, at the time of levy or promptly after.
Once the levy is in place, the institution cannot let anyone remove the box's contents except as the officer directs. If the institution's garnishee memorandum reports that a box is under levy, the officer has to mail the judgment creditor a demand for the statutory fee plus the cost of opening the box and seizing and storing its contents; if the creditor doesn't pay within three business days (plus the mailing extension under § 1013(a)), the officer releases the levy.
The officer may first let the box-holder open it voluntarily, and the institution can refuse to force it open unless someone pays the forcing and repair costs in advance. Either way, the officer must give the creditor at least three court days' notice before opening the box, and the creditor is entitled to be there. If the officer only takes some of the contents, the lien on whatever remains in the box releases automatically.
Frequently Asked Questions
How is property in a safe-deposit box levied on?
By personally serving a copy of the writ and a notice of levy on the financial institution maintaining the box, subject to § 700.160.
Can the box-holder remove items from the box once it's levied on?
No, the institution can't permit removal of any contents except as the levying officer directs while the execution lien is in effect.
Does the judgment creditor have to pay anything extra to open the box?
Yes, the officer demands a fee plus the cost of opening the box and seizing and storing its contents, and releases the levy if the creditor doesn't pay within three business days plus the mailing extension.
Does the creditor get advance notice of when the box will be opened?
Yes, at least three court days, and the creditor is entitled to be present.
What happens to property left in the box after some items are seized?
The execution lien releases automatically as to whatever property remains in the box.
Amendment History
Amended by Stats 2012 ch 484 (AB 2364),s 9, eff. 1/1/2013. Amended by Stats 2003 ch 888 (AB 394),s 2, eff. 1/1/2004.
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