§ 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
Full Text of § 701.510
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.