§ 687.010 Judgment creditor; instructions in writing; reliance on information; electronic transmission

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 687.010

§ 687.010. Judgment creditor; instructions in writing; reliance on information; electronic transmission

    (a) The judgment creditor shall give the levying officer instructions in writing. The instructions shall include the signature and name of the judgment creditor's attorney of record or, if the judgment creditor does not have an attorney of record, by the judgment creditor. The instructions shall contain the information needed or requested by the levying officer to comply with 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.

        (4) The name of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated.

    (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.

    (d) The levying officer instructions may be transmitted electronically to the levying officer pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1.