California Commercial Code. California

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      Article 1. General Provisions

      488.010. The writ of attachment shall include the following information:

      (a) The date of issuance of the writ.

      (b) The title of the court that issued the writ and the cause and number of the action.

      (c) The name and address of the plaintiff and the name and last known address of the defendant.

      (d) The amount to be secured by the attachment.

      (e) A description of the property to be levied upon to satisfy the attachment.

      488.020. (a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to any registered process server.

      (b) Upon the receipt of written instructions from the plaintiff's attorney of record or, if the plaintiff has no attorney of record, from the plaintiff, the levying officer to whom the writ is directed and delivered shall levy the writ without delay in the manner provided in this chapter on the property described in the writ or so much thereof as is clearly sufficient to satisfy the amount to be secured by the attachment. The levying officer is not liable for a determination made in good faith under this subdivision.

      (c) If a copy of the summons and complaint has not previously been served on the defendant, the instructions to the levying officer shall instruct the levying officer to make the service at the same time the levying officer serves the defendant with a copy of the writ of attachment.

      488.030. (a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff's attorney of record or, if the plaintiff does not have an attorney of record, by the plaintiff. The instructions shall contain the information needed or requested by the levying officer to comply with the provisions of this title, including but not limited to:

      (1) An adequate description of any property to be levied upon.

      (2) A statement whether the property is a dwelling.

      (3) If the property is a dwelling, whether it is real or personal property.

      (b) Subject to subdivision (c), the levying officer shall act in accordance with the written instructions to the extent the actions are taken in conformance with the provisions of this title.

      (c) Except to the extent the levying officer has actual knowledge that the information is incorrect, the levying officer may rely on any information contained in the written instructions.

      488.040. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the plaintiff shall include in the instructions to the levying officer the correct name and address of the person. The plaintiff shall use reasonable diligence to ascertain the correct name and address of the person.

      (b) Unless the levying officer has actual knowledge that the name or address included 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.

      488.050. (a) Except as otherwise provided by law:

      (1) As a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty.

      (2) As a prerequisite to the taking of property into custody by the levying officer under this chapter, whether by keeper or otherwise, the plaintiff shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the plaintiff deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the plaintiff. The plaintiff has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property.

      (b) The levying officer is not liable for failure to take or hold property unless the plaintiff has complied with the provisions of this section.

      488.060. The notice of attachment shall inform the person notified of all of the following:

      (a) The capacity in which the person is notified.

      (b) The specific property which is sought to be attached.

      (c) 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.

      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.

      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.

      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 СКАЧАТЬ