6-20/520.30 Instruments



“Instrument” means a negotiable instrument or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment, but does not include a security.  (COMM 9102(a)(47); CCP 680.220)

To levy upon an instrument, the levying officer shall take the instrument into custody if it is in possession of the judgment debtor or, if it is in possession of a third person, personally serve a copy of the writ and a notice of levy on the third person.

If the levying officer obtains custody of the instrument, the levying officer shall, if instructed by the judgment creditor, serve a copy of the writ and a notice of levy on the obligor either personally or by mail. (CCP 700.110)