6-28/100.00 Release of Property Under Levy



The provisions covering the levying officer’s possessory lien and manner of release are applicable not only to the releases covered by this section but also to those covered in other sections.

In most circumstances where property is to be released pursuant to a court order or a judgment for the defendant, the property may not be released immediately, but must be held for a specified period of time within which the plaintiff may take steps to continue the levy.  The procedure may vary depending on the particular judgment or order in a particular case.

Property is to be released to the person from whom it was taken unless otherwise ordered by the court. (CCP 488.730(b), 699.060(b))