A third person who gives a garnishee's memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee's memorandum of any information contained in the garnishee's memorandum.
§ 701.035.Not Liable For Disclosures In Memorandum
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 5. Duties and Liabilities of Third Persons After Levy · Enacted 1983 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 701.035 protects a third person who files a garnishee's memorandum from liability to anyone for disclosing information contained in that memorandum.
Full Text of § 701.035
Plain-English Summary
Filling out a garnishee's memorandum under § 701.030 often means disclosing details about a debtor's finances or property — information the debtor might rather keep private, and information a third person might otherwise hesitate to share for fear of being sued over it.
Section 701.035 removes that hesitation. A third person who files the memorandum is not liable to anyone for disclosing information it contains. That protection encourages the candid, complete disclosures § 701.030 asks for, without the third person having to weigh the risk of a lawsuit from the debtor or anyone else over what got disclosed.
Frequently Asked Questions
Can a judgment debtor sue a third person for what they disclosed in a garnishee's memorandum?
No. Section 701.035 states that a third person who gives a garnishee's memorandum is not liable to any person for the disclosure of information contained in it.
Does this protection cover disclosures to anyone, or just the judgment creditor?
The statute is not limited to the creditor; it protects against liability to any person for the disclosure.
Why does this protection matter for the levy process?
It removes an incentive for third persons to withhold information out of fear of liability, supporting the complete disclosure § 701.030 requires.
Amendment History
Added by Stats. 1983, Ch. 155, Sec. 14.6. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.
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 liability protection californiano liability for disclosure levy california