California Commercial Code. California

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СКАЧАТЬ 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.

      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.

      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.

      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.

      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.

      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.

      488.140. (a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the plaintiff except to the extent the levying officer or registered process server has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff may have if the levying officer or registered process server acts on the basis of incorrect information given in the written instructions.

      (b) Unless the levying officer is negligent in the care or handling of the property, the levying officer is not liable to either the plaintiff or the defendant for loss by fire, theft, injury, or damage of any kind to personal property while (1) in the possession of the levying officer either in a warehouse or other storage place or in the custody of a keeper or (2) in transit to or from a warehouse or other storage place.

      Article 2. Methods of Levy

      488.300. If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 of Title 9 to:

      (a) "Judgment creditor" shall be deemed references to the plaintiff.

      (b) "Judgment debtor" shall be deemed references to the defendant.

      (c) "Notice of levy" shall be deemed references to a notice of attachment.

      (d) "Writ" shall be deemed references to a writ of attachment.

      488.305. At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on the defendant.

      488.315. To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section.

      488.325. To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall comply with Section 700.020 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section.

      488.335. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant, the levying officer shall take the property into custody.

      488.345. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person, the levying officer shall comply with Section 700.040.

      488.355. СКАЧАТЬ