§ 488.465 Deposit accounts or safe-deposit boxes standing in name of person other than defendant; levy authorized by court order; levies in which court order not required; obligation of financial institution

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 > 488.465

§ 488.465. Deposit accounts or safe-deposit boxes standing in name of person other than defendant; levy authorized by court order; levies in which court order not required; obligation of financial institution

    (a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the defendant, either alone or together with other third persons, is not subject to levy under Section 488.455 or 488.460 unless the levy is authorized by court order. The levying officer shall serve a copy of the court order on the third person at the time the copy of the writ of attachment and the notice of attachment are served on the third person.

    (b) A court order is not required as a prerequisite to levy on a deposit account or safe-deposit box standing in the name of any of the following:

        (1) The defendant, whether alone or together with third persons.

        (2) The defendant's spouse, whether alone or together with other third persons. An affidavit showing that the person in whose name the account stands is the defendant's spouse shall be delivered to the financial institution at the time of levy.

        (3) A fictitious business name if an unexpired fictitious business name statement filed pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code lists as the persons doing business under the fictitious business name either (A) the defendant or (B) the defendant's spouse or (C) the defendant and the defendant's spouse, but does not list any other person. A copy of a fictitious business name statement, certified as provided in Section 17926 of the Business and Professions Code, that satisfies these requirements shall be delivered to the financial institution at the time of levy and, if a person other than the defendant is listed in the statement, an affidavit showing that the other person is the defendant's spouse shall also be delivered to the financial institution at the time of levy.

    (c) In any case where a deposit account in the name of a person other than the defendant, whether alone or together with the defendant, is levied upon, the financial institution shall not pay to the levying officer the amount levied upon until being notified to do so by the levying officer. The levying officer may not require the financial institution to pay the amount levied upon until the expiration of 15 days after service of notice of attachment on the third person.