Orange County Personal Property Levy Lawyer

Personal Property Levies as a Judgment Collection Tool

corporate-collectionsA personal property levy allows a creditor to obtain possession of much of the debtor’s property in California (e.g., equipment, inventory, vehicles, cash in cash registers), excluding real property and property held by third parties.  This tool is very useful when the debtor owns valuable tangible assets or the debtor’s business involves substantial equipment or inventory.

 

Need Help Executing a Personal Property Levy in California?

If your debtor owns valuable personal property, our firm can take immediate steps to attempt to gain possession of such property.  The personal property you obtain may satisfy the judgment.  Even if not, it will likely disrupt the debtor’s business and/or life, possibly causing the debtor to negotiate payment.

The Wallin Firm focuses on collecting large debts from businesses and individuals throughout California.  We understand that collecting is extremely important to our clients, and we take our responsibility very seriously.  Please contact us at (949) 203-3870 for a complimentary analysis of your judgment and collection options.

 

How to Collect Judgments via Personal Property Levies:

  1. To effectuate a personal property levy, the creditor must first obtain a writ of execution in the California county in which the levy will take place (usually the county of debtor’s principal place of business).
  2. The creditor must then deliver the original writ of execution to the sheriff’s department, along with several documents, including detailed instructions as to how the sheriff is to execute the levy.  Each county has its own requirements.  See CCP §700.010.
  3. Unlike other judgment enforcement tools (e.g., bank levies), the sheriff must execute the levy, not a registered process server (this is because of the heightened risk of conflict with the debtor, among other reasons).
  4. The creditor’s instructions to the sheriff must explain, in as much detail as possible, the specific assets to be levied on, a description of theassets, and the location of the assets.  The creditor must also deposit fees with the sheriff, to cover the cost of executing the levy and storing the items obtained.  See CCP §687.010(a).
  5. The sheriff will then follow the creditor’s instructions.  The sheriff will serve the debtor with a copy of the writ of execution, a notice of levy, among other documents.  If the sheriff finds the subject assets, they will be taken by the sheriff and stored.
  6. After the assets are in the sheriff’s possession, they will be sold (with the sale proceeds paid to the creditor) or delivered to the creditor, usually at the creditor’s option.  See CCP §700.030.
  7. Alternatively, if the debtor has ongoing business operations involving the regular receipt of payments (e.g., a restaurant or car wash), the creditor can instruct the sheriff to install a “keeper,” which is an individual put in place to take possession of all payments to the debtor.  See CCP §700.070(a).
  8. If the debtor’s property is located in a private place (e.g., the debtor’s house), prior to executing the levy, the creditor must first obtain a “seizure order” authorizing the sheriff to enter the private place to take possession of the debtor’s property.  Such an order is obtained by filing an application with the court, specifying the location of the assets.  See CCP §699.030(b).

 

Contact The Wallin Firm Today for a Judgment Review

Personal property levies can be highly effective.  They allow creditors to gain possession of the debtor’s property, and they make life difficult for debtors, which often leads to payment.   Please contact us to discuss how we can help execute personal property levies to collect your judgment.

 

References &Helpful Links:

http://www.courts.ca.gov/documents/ej130.pdf  (Writ of Execution)

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/3/4

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/5/3/s706.050

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/3/4/s700.030

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/3/4/s700.070

http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/3/1/s699.030

 

 

  • Collection Analysis
  • Complete for a Judgment Collection Analysis