6-20/120.10 Information Required



The judgment creditor shall give the levying officer instructions in writing.  The instructions shall be signed by the creditor’s attorney of record or, if the creditor does not have an attorney of record, by the judgment creditor.  The instructions shall contain the information needed or requested by the levying officer to comply with the statutory provisions of the levy.  The instructions shall include, but not be limited to: an adequate description of the property to be levied upon; a statement whether the property is a dwelling and, if the property is a dwelling, whether it is real or personal property; name of judgment debtor; and, judgment debtor’s legal entity if not a natural person.  Unless the levying officer has actual knowledge that the information in the instructions is incorrect, the levying officer may rely on any information contained in the written instructions and shall act in accordance with them to the extent the actions taken conform to the statutory requirements.  (CCP 687.010)

The levying officer may receive electronic instructions.  (CCP 687.010(d))

If the levying officer is required to serve any writ, order, notice or other paper on any person, the judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person and shall include the correct name and address in the instructions to the levying officer.  Unless the levying officer has actual knowledge that the name and address given in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person. (CCP 684.130)