(a) At the time of service of a copy of the legal process on a third person, the levying officer shall request the third person to give the levying officer a garnishee's memorandum containing the information required by this section. Within 10 days after the legal process is served, the third person shall mail or deliver the garnishee's memorandum to the levying officer whether or not the levy is effective.
§ 701.030.Garnishee's Memorandum
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 5. Duties and Liabilities of Third Persons After Levy · Last amended 2067 · Last verified July 28, 2026
In one sentenceSection 701.030 requires a third person served with a levy to complete and mail or deliver a sworn garnishee's memorandum to the levying officer within ten days, describing undelivered or non-levied property and obligations, with several carve-outs for financial institutions and third persons who fully comply, and potential cost liability for missing the deadline.
Full Text of § 701.030
(b) The garnishee's memorandum shall be executed under oath and shall contain the following information, as applicable:
(1) A description of any property of the judgment debtor sought to be levied upon that is not delivered to the levying officer and the reason for not delivering the property.
(2) A description of any property of the judgment debtor not sought to be levied upon that is in the possession or under the control of the third person at the time of levy.
(3) A statement of the amount and terms of any obligation to the judgment debtor sought to be levied upon that is due and payable and is not paid to the levying officer, and the reason for not paying the obligation.
(4) A statement of the amount and terms of any obligation to the judgment debtor sought to be levied upon that is not due and payable at the time of levy.
(5) A statement of the amount and terms of any obligation to the judgment debtor at the time of levy not sought to be levied upon.
(6) A description of claims and rights of other persons to the property or obligation levied upon that are known to the third person and the names and addresses of those other persons.
(7) A statement that the garnishee holds neither any property nor any obligations in favor of the judgment debtor.
(c) If a garnishee's memorandum is received from the third person, the levying officer shall retain a copy and promptly mail or deliver a copy of the memorandum to the judgment creditor.
(d) Except as provided in subdivisions (e) and (f), if a third person does not give the levying officer a garnishee's memorandum within the time provided in subdivision (a), or does not provide complete information, the third person may, in the court's discretion, be required to pay the costs and reasonable attorney's fees incurred in any proceedings to obtain the information required in the garnishee's memorandum.
(e) Notwithstanding subdivision (a), when the levy is made upon a deposit account or upon property in a safe-deposit box, the financial institution need not give a garnishee's memorandum to the levying officer if the financial institution fully complies with the levy and, if a garnishee's memorandum is required, the garnishee's memorandum needs to provide information with respect only to property that is carried on the records available at the office or branch where the levy is made provided that if a levy has been served at a central location designated by a financial institution in accordance with Section 684.115, the garnishee's memorandum shall apply to all offices and branches of the financial institution except to the extent acceptance of the levy at those central locations is limited pursuant to paragraph (3) of subdivision (b) of Section 684.115.
(f) Notwithstanding subdivision (a), the third person need not give a garnishee's memorandum to the levying officer if both of the following conditions are satisfied:
(1) The third person has delivered to the levying officer all of the property sought to be levied upon.
(2) The third person has paid to the levying officer the amount due at the time of levy on any obligation to the judgment debtor that was levied upon, and there is no additional amount that thereafter will become payable on the obligation levied upon.
Plain-English Summary
The levying officer is supposed to ask for this memorandum at the time of service, and subdivision (a) gives the third person ten days from service to mail or deliver it, regardless of whether the levy turns out to be effective. Subdivision (b) lists what the sworn memorandum has to cover, as applicable: property sought but not delivered and why, other property of the debtor not sought to be levied on, obligations due and payable but not paid and why, obligations not yet due, other obligations owed the debtor that were not levied on, known competing claims to the property with the names of those claimants, or a plain statement that the third person holds nothing belonging to the debtor.
Once the officer gets a memorandum, subdivision (c) requires keeping a copy and promptly sending one to the judgment creditor as well, so the creditor knows what the third person is claiming.
Subdivisions (e) and (f) trim this requirement in two common situations. A financial institution served with a deposit-account or safe-deposit-box levy does not need to file a memorandum at all if it fully complies with the levy, and if one is required anyway, it only has to cover property on the records at the branch where the levy was made (or, for a levy served at a centrally designated location under § 684.115, across all its branches, subject to that section's own limits). And a third person who has already delivered everything sought and paid everything currently due, with nothing more to come, does not have to file one either. Subdivision (d) backs the deadline with a consequence — a third person who misses it, or gives incomplete information, may be ordered to pay the costs and reasonable attorney's fees incurred in proceedings needed to get that information, at the court's discretion.
Frequently Asked Questions
How long does a third person have to submit a garnishee's memorandum?
Ten days after the legal process is served, whether or not the levy turns out to be effective.
What information does the memorandum have to include?
Descriptions of undelivered levied property and the reasons, other property not sought to be levied, unpaid due obligations and the reasons, obligations not yet due, other obligations not levied on, known competing claims and claimants, or a statement that nothing is held for the debtor.
Do banks always have to file a garnishee's memorandum for a deposit account levy?
No. A financial institution that fully complies with a deposit-account or safe-deposit-box levy does not need to file one, and if it does need to, the memorandum is limited to records at the branch where the levy was made, subject to the centralized-levy rules in § 684.115.
What happens if a third person misses the ten-day deadline?
At the court's discretion, the third person may be required to pay the costs and reasonable attorney's fees incurred in any proceedings needed to obtain the required information.
Can the memorandum be sent electronically?
Yes, under subdivision (g), pursuant to the electronic transmission chapter commencing with § 263.
Amendment History
Amended by Stats 2024 ch 222 (AB 2067),s 3, eff. 1/1/2025. Amended by Stats 2012 ch 484 (AB 2364),s 11, eff. 1/1/2013. Amended by Stats 2010 ch 680 (AB 2394),s 10, eff. 1/1/2011.
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: garnishee's memorandum californiathird party disclosure levy california