- Original Writ of Attachment (form EJ-130) plus three copies
- Right to Attach Order plus two copies
- Notice of Attachment plus two copies
- Undertaking plus two copies
- Summons and Complaint (form 928a16) if not served
- Letter of instructions - (link to form)
- Must contain a description of the property to be levied upon which describes the property adequately for the sheriff to identify it.
- The levying officer cannot seize property kept in a private place or in the possession of the defendant without a court order authorizing the seizure.
- The instructions must include the name and address of any person who is to be served with the attachment process (CCP 488.040).
- If a copy of the summons and complaint has not previously been served upon the defendant, the instructions shall direct the levying officer to serve the documents at the same time the defendant is served with a copy of the writ (CCP 488.020).
- Only the property authorized by the attachment law may be levied upon, and the method of levy must be as provided by CCP 488.300-488.485. The determination of the sufficiency of the property levied upon should be left to the plaintiff or the court.
- Required Fees -- $205.00 per 8-hour or less, $240.00 for 8-12 hours if keeper installation is served ($30.00 if keeper installation attempted and not served for Sheriff's cost, and $40.00 for Keeper's fee). Request for services to multiple addresses requires separate fees for each additional address
Method of Payment:
Payment must be made by cash, cashier's check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.
Time For Service:
Levy under the Writ of Attachment must occur within 60 days from the date it was received (CCP 488.130).
Method of Levy:
The method of enforcing a Going Business Levy (Keeper) under a Writ of Attachment is the installation of a keeper to be in charged of the property attached. During the keeper period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the plaintiff (CCP 488.395[c]).
The period during which the business may continue to operate under a keeper is:
- Ten days if the defendant is a natural person and the writ of attachment was issued ex parte.
- Two days in all other circumstances.
Unless some other disposition is agreed upon by the plaintiff and the defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times:
- At any time the defendant objects to placement of a keeper in charge of the business.
- At the conclusion of the applicable period under which a business may operate under a keeper.
The plaintiff is required to provide additional deposit to cover any costs to be incurred for removing, storing, and taking inventory of the property taken into custody.
The main purpose of attachment is to create a judicial lien on the debtor's attachable property. This protects plaintiff's interest so that final adjudication of the claims in favor of the creditor will be enforceable against the attached property. The plaintiff resort to this statutory remedy to protect their unsecured claims from being subordinated to other consensual or judicial liens imposed on the debtor's property before the creditor obtained a judgment.
Any attachment shall expire three years from the date of issuance under which a levy has been made unless sooner released or discharged or extension was granted.