§ 488.030 Plaintiff's instructions to levying officer; action and reliance by officer

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 > 488.030

§ 488.030. Plaintiff's instructions to levying officer; action and reliance by officer

    (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.