RulesofCivilProcedure.com Civil Procedure · Every State

§ 701.510.Property Levied On Not Subject to Be Sold

Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 6. Sale and Collection · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 701.510 requires the levying officer to sell all levied property subject to two exceptions and to §§ 687.020 and 701.520 -- tangible personal property can't be sold until the officer has custody, and cash can't be sold unless it's worth more than its face value.

Full Text of § 701.510

Text sizeJump to: (a) (b)

Subject to Sections 687.020 and 701.520, the levying officer shall sell all property that has been levied upon except:
(a) Tangible personal property may not be sold until the levying officer obtains custody of the property.
(b) Cash may not be sold unless it has a value exceeding its face value.

Plain-English Summary

Sale is the ordinary next step once property has been levied on, and § 701.510 states that as the general rule: the levying officer sells everything that's been levied upon. Two other provisions carve out exceptions — § 687.020 and § 701.520, the latter of which redirects certain intangible property to collection instead of sale.

Two built-in limits apply even to property that will eventually be sold. Tangible personal property cannot be sold until the officer has physical custody of it, which matters most for property still in a third person's possession under a levy method like § 700.040. And cash cannot be sold at all unless it's worth more than its face value — a rule aimed at collectible or rare currency rather than ordinary money, which the officer applies directly toward the judgment instead.

Frequently Asked Questions

What is the general rule for levied property?

The levying officer sells it, subject to §§ 687.020 and 701.520 and the two exceptions in § 701.510 itself.

When can tangible personal property be sold?

Only after the levying officer has obtained custody of it.

Can cash be sold at an execution sale?

Only if it has a value exceeding its face value, such as collectible currency.

What kind of property is redirected away from sale entirely?

Property described in § 701.520 — receivables, chattel paper, general intangibles, final money judgments, and certain instruments — which gets collected rather than sold.

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: property subject to execution sale california