In general, there are four methods of levy: seizure, garnishment, recording and filing a lien. Levying on property in the custody of the levying officer is a distinct form of levy. (CCP 488.300 – 488.485) The appropriate method of levy is determined by the type of property levied upon and who has possession of the property. The plaintiff's instructions should specify the type of property if not readily apparent to the sheriff, e.g., security, instrument, negotiable document of title, certificated or uncertificated security, vehicle used as equipment or inventory.
The following chart is a guide to determine the proper method of levy.
METHODS OF LEVY BY TYPE OF PROPERTY
|
PROPERTY |
SEIZURE |
RECORDING |
GARNISHMENT |
LIEN |
|
Account Receivable |
|
|
Serve account debtor |
|
|
Chattel Paper |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Commercial Coach |
|
|
|
File with Department of Housing and Community Development; serve legal owner or junior lienholder |
|
Deposit Account/Safe-Deposit Box in the name of defendant |
|
|
Serve financial institution |
|
|
Deposit Account/Safe-Deposit Box in the name of defendant and third-party |
|
|
Serve financial institution and third-party |
|
|
Deposit Account/Safe-Deposit Box in the name of spouse (spousal affidavit required) |
|
|
Serve financial institution and spouse |
|
|
Deposit Account/Safe-Deposit Box in the name of fictitious business name (cannot levy if third-party is not spouse of debtor) |
|
|
Serve financial institution and any spouse |
|
|
Deposit Account/Safe-Deposit Box in the name of third-party (requires court order) |
|
|
Serve financial institution and third-party |
|
|
Deposit Account/Safe-Deposit Box in the name of an alias (requires Affidavit of Identity) |
|
|
Serve financial institution |
|
|
Dwelling - Personal Property |
Install Keeper |
|
Serve occupant |
|
|
Estate of Decedent |
|
|
Serve personal representative of decedent; serve defendant after property is delivered to Sheriff |
|
|
Farm Products |
Install Keeper for 2 or 10 days |
|
|
File Secretary of State |
|
Final Money Judgment |
|
|
File with clerk of the court; serve debtor of final money judgment |
|
|
General Intangible |
|
|
Serve account debtor |
|
|
Goods held by Bailee with negotiable document of title |
|
|
Serve third-party in possession of negotiable document of title |
|
|
Instrument |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Inventory of going business |
Install Keeper for 2 or 10 days |
|
|
File Secretary of State |
|
Mobilehome |
|
|
|
File with Department of Housing and Community Development; serve legal owner or junior lienholder |
METHODS OF LEVY BY TYPE OF PROPERTY
|
PROPERTY |
SEIZURE |
RECORDING |
GARNISHMENT |
LIEN |
|
Negotiable Document of Title |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Property in Levying Officer’s Custody |
|
|
|
|
|
Real Property |
|
Record with County recorder; serve third-party; serve occupant |
|
|
|
Security (certificated) |
Defendant’s possession |
|
Serve issuer or secured party |
|
|
Security Entitlement |
|
|
Serve securities intermediary or secured party |
|
|
Security (uncertificated) |
|
|
Serve issuer or secured party |
|
|
Tangible Personal Property |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Vehicle used as Inventory |
Defendant’s possession |
|
|
serve legal owner or junior lienholder |
|
Vehicle used as Equipment |
|
|
|
File with Department of Motor Vehicles; serve legal owner or junior lienholder |
|
Vessel not registered with DMV |
Defendant’s possession |
|
|
|
|
Vessel as Equipment (registered with DMV) |
|
|
|
File with Department of Motor Vehicles; serve legal owner or junior lienholder |
|
Vessel as Inventory (registered with DMV) |
|
|
|
serve legal owner or junior lienholder |
In general, there are four methods of levy: seizure, garnishment, recording and filing a lien. Levying on property in the custody of the levying officer is a distinct form of levy. (CCP 488.300 – 488.485) The appropriate method of levy is determined by the type of property levied upon and who has possession of the property. The plaintiff's instructions should specify the type of property if not readily apparent to the sheriff, e.g., security, instrument, negotiable document of title, certificated or uncertificated security, vehicle used as equipment or inventory.
The following chart is a guide to determine the proper method of levy.
METHODS OF LEVY BY TYPE OF PROPERTY
|
PROPERTY |
SEIZURE |
RECORDING |
GARNISHMENT |
LIEN |
|
Account Receivable |
|
|
Serve account debtor |
|
|
Chattel Paper |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Commercial Coach |
|
|
|
File with Department of Housing and Community Development; serve legal owner or junior lienholder |
|
Deposit Account/Safe-Deposit Box in the name of defendant |
|
|
Serve financial institution |
|
|
Deposit Account/Safe-Deposit Box in the name of defendant and third-party |
|
|
Serve financial institution and third-party |
|
|
Deposit Account/Safe-Deposit Box in the name of spouse (spousal affidavit required) |
|
|
Serve financial institution and spouse |
|
|
Deposit Account/Safe-Deposit Box in the name of fictitious business name (cannot levy if third-party is not spouse of debtor) |
|
|
Serve financial institution and any spouse |
|
|
Deposit Account/Safe-Deposit Box in the name of third-party (requires court order) |
|
|
Serve financial institution and third-party |
|
|
Deposit Account/Safe-Deposit Box in the name of an alias (requires Affidavit of Identity) |
|
|
Serve financial institution |
|
|
Dwelling - Personal Property |
Install Keeper |
|
Serve occupant |
|
|
Estate of Decedent |
|
|
Serve personal representative of decedent; serve defendant after property is delivered to Sheriff |
|
|
Farm Products |
Install Keeper for 2 or 10 days |
|
|
File Secretary of State |
|
Final Money Judgment |
|
|
File with clerk of the court; serve debtor of final money judgment |
|
|
General Intangible |
|
|
Serve account debtor |
|
|
Goods held by Bailee with negotiable document of title |
|
|
Serve third-party in possession of negotiable document of title |
|
|
Instrument |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Inventory of going business |
Install Keeper for 2 or 10 days |
|
|
File Secretary of State |
|
Mobilehome |
|
|
|
File with Department of Housing and Community Development; serve legal owner or junior lienholder |
METHODS OF LEVY BY TYPE OF PROPERTY
|
PROPERTY |
SEIZURE |
RECORDING |
GARNISHMENT |
LIEN |
|
Negotiable Document of Title |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Property in Levying Officer’s Custody |
|
|
|
|
|
Real Property |
|
Record with County recorder; serve third-party; serve occupant |
|
|
|
Security (certificated) |
Defendant’s possession |
|
Serve issuer or secured party |
|
|
Security Entitlement |
|
|
Serve securities intermediary or secured party |
|
|
Security (uncertificated) |
|
|
Serve issuer or secured party |
|
|
Tangible Personal Property |
Defendant’s possession |
|
Serve third-party in possession |
|
|
Vehicle used as Inventory |
Defendant’s possession |
|
|
serve legal owner or junior lienholder |
|
Vehicle used as Equipment |
|
|
|
File with Department of Motor Vehicles; serve legal owner or junior lienholder |
|
Vessel not registered with DMV |
Defendant’s possession |
|
|
|
|
Vessel as Equipment (registered with DMV) |
|
|
|
File with Department of Motor Vehicles; serve legal owner or junior lienholder |
|
Vessel as Inventory (registered with DMV) |
|
|
|
serve legal owner or junior lienholder |