JAY SHERWOOD vs. JAMES WHITE dba JAMES’ BOAT AND FIBERGLASS REPAIR

Case No. CL25-06219

Motion for Order Directing a Levying Officer to Enter a Private Place and Seize Property Pursuant to C.C.P. §699.030

C.C.P. §699.030 authorizes the court, on ex parte application or noticed motion if the court so orders, to issue an order directing a levying officer to seize personal property in a private place, as long as the application or order describes the personal property and location with particularity.

In general, the levying officer may take possession of personal property if it is in the judgment debtor’s custody, or the custody of the judgment debtor’s agent. C.C.P. §714.020(a).

Although a separate action must be filed against a third party to levy against personal property in the third party’s possession, such as through a bona fide lease, a transfer of a business from father to son would not create rights for the son superior to those of existing judgment creditors such as Plaintiff.

Still, the court has concerns about the Plaintiff’s intended actions once the subject personal property is seized, such as what commercially reasonable sale or sales are intended to occur for the property; and what recourse other creditors, including but not

limited to any creditors with security interests in any of the subject personal property, might have.

For these reasons, parties are to appear for hearing as scheduled.

JAIME ANDUJO vs. GENERAL MOTORS, LLC