California Code of Civil Procedure 700.110 – (a) To levy upon an instrument, the levying officer …
Current as of: 2024 | Check for updates
|
Other versions
(a) To levy upon an instrument, the levying officer shall:
(1) If the instrument is in the possession of the judgment debtor, take the instrument into custody.
Terms Used In California Code of Civil Procedure 700.110
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
(2) If the instrument is in the possession of a third person, personally serve a copy of the writ of execution and a notice of levy on the third person.
(b) If the levying officer obtains custody of the instrument, the levying officer shall, if the judgment creditor so instructs, serve a copy of the writ of execution and a notice of levy on the obligor. Service shall be made personally or by mail.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)