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§ 720.800.Levying Officer's Duty to File Undertaking on Return of Writ

Title 9. Enforcement of Judgments · Division 4 · Chapter 7. Undertakings · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 720.800 requires the levying officer to file with the court any undertaking given under this division that remains in the officer's possession when the writ is returned.

Full Text of § 720.800

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If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer's possession when the writ is to be returned, the levying officer shall file the undertaking with the court at the time the writ is returned.

Plain-English Summary

This section closes out the paper trail for undertakings given under this division. If an undertaking has been filed with a levying officer and is still sitting in that officer's possession when the time comes to return the writ, the officer must file the undertaking with the court at the same time as the writ.

That step keeps the undertaking part of the court record rather than leaving it in the levying officer's file, where it would be harder for the parties or the court to locate if a dispute over the undertaking's obligations arises later — including the kind of objection proceeding described in §§ 720.760 and 720.770.

Frequently Asked Questions

What must the levying officer do with an undertaking still in the officer's possession?

File it with the court at the time the writ is returned.

Does this apply to every undertaking under this division?

Yes, § 720.800 covers any undertaking filed with a levying officer pursuant to this division that remains in that officer's possession at the time of return.

Why does the undertaking need to go to the court rather than stay with the officer?

So it becomes part of the court record, accessible for any later proceeding on the undertaking's sufficiency or enforcement.

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: levying officer file undertaking with court californiareturn of writ undertaking