§ 685.100 Prerequisite to performance by levying officer of duty; prerequisite to taking property into custody; liability of levying officer

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 685.100

§ 685.100. Prerequisite to performance by levying officer of duty; prerequisite to taking property into
custody; liability of levying officer

    (a) Except as otherwise provided by law:

        (1) As a prerequisite to the performance by the levying officer of a duty under this title, the judgment creditor shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty.

        (2) As a prerequisite to the taking of property into custody by the levying officer, whether by keeper or otherwise, the judgment creditor shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the judgment creditor deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the judgment creditor. The judgment creditor has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property.

    (b) The levying officer is not liable for failure to take or hold property unless the judgment creditor has complied with the
provisions of this section.