California Code of Civil Procedure

§ 700.070

CCP § 700.070 Effective Jan 1, 1997Div. 2 · Title 9 · Part 2 · Ch. 3 · Art. 4

Statute text

To levy upon tangible personal property of a going business in the possession or under the control of the judgment debtor, the levying officer shall comply with Section 700.030, except to the extent that the judgment creditor instructs that levy be made in the following manner:

(a)The levying officer shall place a keeper in charge of the business for the period requested by the judgment creditor. During the period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the judgment creditor.

(b)The levying officer shall take the tangible personal property into exclusive custody at the earliest of the following times:

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Legislative history

Amended by Stats. 1996, Ch. 1159, Sec. 11. Effective January 1, 1997.