6-19/182.00 Fee Deposit



Except as otherwise provided by law, the levying officer is not liable for failure to take or hold property unless the plaintiff deposits a sum of money with the levying officer sufficient to pay the costs.

As a prerequisite  to the taking of property into custody by the levying officer, whether by keeper or otherwise, the plaintiff shall deposit with the levying officer a sum of money sufficient  to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days.

After a levy, if continuation  of the custody of the property is required,  the levying officer shall, from time to time, demand  orally or in writing that the plaintiff  deposit  additional amounts to cover estimated costs for periods not to exceed 30 days each.  The plaintiff must be given at least three business days after receipt of the demand to comply.  If the plaintiff does not comply with the demand within the time allowed, the levying officer shall release the property.  If the demand is a written demand and is served by mail, appropriate mailing time would have to be added to the time to comply. (CCP 488.050)