California Code of Civil Procedure. California

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СКАЧАТЬ The person’s rights under the attachment, including the right to make a third-party claim pursuant to Division 4 (commencing with Section 720.010) of Title 9.

      (d) The person’s duties under the attachment.

      (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.065. A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served upon the defendant or any other party, shall suffice as the notice of attachment to that person.

      (Added by Stats. 1984, Ch. 759, Sec. 1.)

      488.070. If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant:

      (a) The levying officer shall comply with the provisions of Section 699.030.

      (b) The plaintiff may obtain the relief provided under Section 699.030 in the manner and subject to the requirements of that section.

      (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.080. (a) A registered process server may levy under a writ of attachment on the following types of property:

      (1) Real property, pursuant to Section 488.315.

      (2) Growing crops, timber to be cut, or minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325.

      (3) Personal property in the custody of a levying officer, pursuant to Section 488.355.

      (4) Equipment of a going business, pursuant to Section 488.375.

      (5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385.

      (6) Farm products or inventory of a going business, pursuant to Section 488.405.

      (7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.

      (8) Deposit accounts, pursuant to Section 488.455.

      (9) Property in a safe-deposit box, pursuant to Section 488.460.

      (10) Accounts receivable or general intangibles, pursuant to Section 488.470.

      (11) Final money judgments, pursuant to Section 488.480.

      (12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485.

      (b) Before levying under the writ of attachment, the registered process server shall deposit a copy of the writ with the levying officer and pay the fee provided by Section 26721 of the Government Code.

      (c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:

      (1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300).

      (2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server.

      (d) Within five court days after levy under this section, all of the following shall be filed with the levying officer:

      (1) The writ of attachment.

      (2) A proof of service by the registered process server stating the manner of levy performed.

      (3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300).

      (4) Instructions in writing, as required by the provisions of Section 488.030.

      (e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer is not required to perform any duties under the writ and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d).

      (f) The fee for services of a registered process server under this section shall be allowed as a recoverable cost pursuant to Section 1033.5.

      (Amended by Stats. 2007, Ch. 15, Sec. 1. Effective January 1, 2008.)

      488.090. Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods:

      (a) Removing the property to a place of safekeeping.

      (b) Installing a keeper.

      (c) Otherwise obtaining possession or control of the property.

      (Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.100. The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an advance has not been made.

      (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.110. A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of Title 9.

      (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.120. In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to be posted or to be served on or mailed to the defendant or other person, failure to post, serve, or mail the copy of the writ and the notice does not affect the attachment lien created by the levy.

      (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

      488.130. (a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of the levying officer’s actions. The return shall be made promptly in accordance with the plaintiff’s instructions given to the levying officer but in no event later than 60 days after the levying officer receives the writ.

      (b) The levying officer shall make a full inventory of property attached and return the inventory with the writ.

      (Added СКАЧАТЬ