§ 488.050.Deposits By Plaintiff As Prerequisite to Performance By Officer and to Taking Property Into Custody

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 488.050 requires the plaintiff to deposit enough money with the levying officer to cover the officer's costs before the officer performs a duty or takes property into custody, sets a rolling 15-then-30-day cycle for replenishing that deposit, and releases the officer from liability if the plaintiff fails to pay.

Full Text of § 488.050

Text sizeJump to: (a) (b)

(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 plaintiff 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 under this chapter, whether by keeper or otherwise, the plaintiff 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 plaintiff 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 plaintiff. The plaintiff 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 plaintiff has complied with the provisions of this section.

End

Plain-English Summary

Levying, storing, and guarding property costs money, and Section 488.050 makes the plaintiff advance it. Before the levying officer performs any duty under this title, the plaintiff must deposit enough to cover the cost of that duty. Before the officer takes property into custody — whether by removing it, installing a keeper, or otherwise — the plaintiff must deposit enough to cover custody costs for up to 15 days.

If custody needs to continue beyond that, the officer demands additional deposits, orally or in writing, to cover further periods of up to 30 days each. A written demand may be mailed or delivered, and the plaintiff has at least three business days after receiving it to pay. If the plaintiff misses that window, the officer must release the property. Subdivision (b) makes the consequence explicit: the officer is not liable for failing to take or hold property when the plaintiff has not kept the deposits current.

Frequently Asked Questions

Does the plaintiff have to pay the levying officer's costs in advance?

Yes. Under § 488.050(a), the plaintiff must deposit funds sufficient to cover the officer's costs before the officer performs a duty, and separately before taking property into custody.

What happens if the plaintiff stops paying to keep property in custody?

The levying officer must release the property if the plaintiff does not pay a demanded deposit within the time specified, and § 488.050(b) relieves the officer of liability for that release.

Amendment History

Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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