(a) Except as otherwise provided by statute, when a levy is made by service of a copy of the writ of execution and a notice of levy on a third person, the third person at the time of levy or promptly thereafter shall comply with this section.
§ 701.010.Duties
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 5. Duties and Liabilities of Third Persons After Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 701.010 requires a third person served with a copy of the writ of execution and notice of levy to deliver possessed property to the levying officer, or pay obligations owed the judgment debtor as they come due, unless the third person claims a right to possession, denies the obligation, claims a priority, or has good cause for not complying.
Full Text of § 701.010
(b) Unless the third person has good cause for failure or refusal to do so:
(1) The third person shall deliver to the levying officer any of the property levied upon that is in the possession or under the control of the third person at the time of levy unless the third person claims the right to possession of the property.
(2) To the extent that the third person does not deny an obligation levied upon, or claim a priority over the judgment creditor's lien, the third person shall pay to the levying officer both of the following:
(A) The amount of the obligation levied upon that is due and payable to the judgment debtor at the time of levy.
(B) Amounts that become due and payable to the judgment debtor on the obligation levied upon during the period of the execution lien.
(3) If the third person makes a delivery or payment to the levying officer pursuant to this section, the third person shall execute and deliver any documents necessary to effect the transfer of the property.
(c) For the purposes of this section, "good cause" includes, but is not limited to, a showing that the third person did not know or have reason to know of the levy from all the facts and circumstances known to the third person.
Plain-English Summary
A levy on property in someone else's hands does not move the property automatically — it creates duties for that third person. Subdivision (b) spells out two of them. First, the third person has to deliver to the levying officer any levied property already in their possession or control at the time of levy, unless they are claiming their own right to possess it. Second, to the extent they do not deny the obligation or claim a competing priority over the creditor's lien, they have to pay the levying officer both what was already due and payable to the debtor at the time of levy, and whatever becomes due and payable during the execution lien's life. If a delivery or payment is made, the third person also has to sign whatever documents are needed to complete the transfer.
None of this applies if the third person has good cause not to comply. Subdivision (c) gives one example of good cause: not knowing, and having no reason to know, of the levy based on everything the third person knew at the time. That is a factual question turning on what information was reasonably available, not a loophole for willful blindness.
Frequently Asked Questions
What must a third person do after being served with a copy of the writ and notice of levy?
Deliver to the levying officer any levied property in their possession or control, and pay over amounts owed the judgment debtor as they come due, subject to the limits in subdivision (b).
When is a third person excused from delivering property?
When they are claiming a right to possession of the property themselves.
When is a third person excused from paying an obligation to the levying officer?
When they deny owing the obligation, or claim a priority over the judgment creditor's lien on it.
What counts as good cause for not complying?
Section 701.010(c) gives not knowing, and having no reason to know, of the levy as an example, though good cause is not limited to that one circumstance.
What happens once a third person does deliver property or make a payment?
They must also execute and deliver whatever documents are necessary to complete the transfer.
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: third party duties after levy californiagarnishee duties california