6-20/510.00 Seizure Levies in General



Unless another method of levy is provided, to attach tangible property in the possession of the debtor the sheriff shall take it into custody.  The sheriff can only seize property from the possession or control of the debtor.  Seizure from the possession of a third party requires a writ of mandate.

The creditor must deposit costs prior to levy.  If additional fees are required to maintain the levy, the creditor must be given three business days notice.  If the fees are not received timely, the levying officer shall release the property.

The following types of property in the possession of the debtor are subject to seizure as indicated.

 

PROPERTY                              TYPE OF SEIZURE                  

 

Chattel paper                            take the chattel paper into custody

Dwelling, personal property        place a keeper in charge of property for a period determined by creditor

Farm products                          immediate seizure; install a keeper for not more than 10 days following

                                                Immediate seizure; install cash-only keeper

Instruments                               take the property into custody.  If instructed by the creditor, serve a Notice  of Levy and a Writ of Execution on the obligor

Inventory of a going business     immediate seizure; install a keeper for not more than 10 days following

                                                Immediate seizure; install cash-only keeper

mobilehome                              place a keeper in charge of property for a period determined by creditor

securities                                  take the property into custody