§ 488.455.To Attach Deposit Account

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Last amended 2013 · Last verified July 28, 2026

In one sentenceSection 488.455 attaches a deposit account through personal service of the writ and notice on the financial institution, reaches only funds in the account at that moment, bars the institution from honoring later withdrawals unless enough remains to cover the levy, and shields the institution from liability for complying.

Full Text of § 488.455

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the financial institution with which the deposit account is maintained.

(b) The attachment lien that arises upon service of a writ of attachment and notice of attachment reaches only amounts in a deposit account at the time of service on the financial institution, including the amount of any deposit not yet finally collected, unless the deposit is returned unpaid to the financial institution.

(c) The levying officer shall serve a copy of the writ of attachment and a notice of attachment on any third person in whose name any deposit account described therein stands. That service shall be made personally or by mail as follows:

(1) At the time of levy or promptly thereafter, if the party seeking the levy informs the levying officer of that person and his, her, or its residence or business address.

(2) Promptly following the levying officer's receipt of a garnishee's memorandum if service was not accomplished pursuant to paragraph (1), if the garnishee's memorandum identifies that person and his, her, or its residence or business address.

(d) The financial institution shall not honor a withdrawal request or a check or other order for the payment of money from the deposit account if presentation of that withdrawal request or item to the financial institution occurs during the time the attachment lien is in effect unless, following that withdrawal or payment, sufficient funds are available to cover the levy. For these purposes, a withdrawal from the deposit account to cover the financial institution's standard fee or charge for processing the levy shall not be considered a payment of money from the account in violation of this subdivision.

(e) During the time the attachment lien is in effect, the financial institution is not liable to any person for any of the following:

(1) Performance of the duties of a garnishee under the levy.

(2) Nonpayment of a check or other order for the payment or transfer of money drawn or presented against the deposit account if the nonpayment is pursuant to the requirements of subdivision (d).

(3) Refusal to pay a withdrawal from the deposit account if the refusal is pursuant to the requirements of subdivision (d).

(f) For the purposes of this section, none of the following is a third person in whose name the deposit account stands:

(1) A person who is only a person named as the beneficiary of a Totten trust account.

(2) A person who is only a payee designated in a pay-on-death provision in an account pursuant to Section 18318.5 of the Financial Code or Section 5140 of the Probate Code, or other similar provision.

(3) A person who is only acting in a representative or custodial capacity with respect to benefits paid or payable by the United States government. Rather, accounts maintained by the representative or custodian shall be deemed to stand in that beneficiary's name, and the amounts therein shall be covered by a levy against that beneficiary.

(g) For purposes of this section, final payment of a deposit shall be deemed to have occurred in accordance with Section 4215 or 11210 of the Commercial Code or with automated clearinghouse or Federal Reserve System rule, regulation, operating circular, or similar governing document, as applicable to the deposit. If, for any reason, a deposit is returned by the financial institution upon which it is drawn, that deposit shall not be deemed finally collected for purposes of this subdivision regardless of any later payment by the financial institution upon which the deposit is drawn.

(h) When a deposit account has been attached, as an alternative to paying the amount of the deposit account that is attached to the levying officer as required by Section 488.600, the financial institution may continue to hold the deposit account until the deposit account is levied upon after judgment in the action or is earlier released, the deposit account to be held in one of the following manners:

(1) If the entire deposit account is attached, the financial institution may hold the deposit account on the terms applicable before the attachment, subject to the requirements of subdivision (d).

(2) If less than the entire deposit account is attached:

(A) With the consent of the defendant, and any third person in whose name the deposit account stands, the financial institution may hold in the deposit account on the same terms an amount larger than the attached amount as necessary to avoid a penalty or a reduction of the rate of interest.

(B) If the defendant, and any third person in whose name the deposit account stands, do not consent as provided in subparagraph (A), the financial institution may hold the attached amount on the same terms affecting the deposit account before the attachment, subject to the requirements of subdivision (d).

(3) The financial institution may hold the attached deposit account in any other manner agreed upon by the plaintiff, the defendant, and any third person in whose name the deposit account stands.

(i) Subdivision (h) does not prevent a financial institution that is holding an attached deposit account as provided in subdivision (h) from paying the attached amount to the levying officer before the time the financial institution otherwise is required to pay the amount under subdivision (h).

End

Plain-English Summary

Bank accounts are one of the most commonly attached assets, and Section 488.455 sets out a detailed procedure for them. The levying officer personally serves a copy of the writ and notice of attachment on the financial institution holding the account (subject to the third-party-account rules of § 488.465 and the central-service option in § 684.115). The resulting lien reaches only what is in the account at the moment of service, including deposits not yet finally collected — unless those deposits are later returned unpaid. If a third person's name is on the account, the officer must also serve that person, either at the time of levy or promptly after the officer learns of them.

Once served, the institution may not honor a withdrawal or check against the account unless enough funds remain after the payment to cover the levy — though its standard processing fee is not counted as a prohibited withdrawal. The institution faces no liability for performing its garnishee duties, refusing a withdrawal, or dishonoring a check as this section requires. Certain names on an account do not count as third persons whose consent or separate service is needed: a Totten-trust beneficiary, a pay-on-death designee, or someone acting only in a representative or custodial capacity for federal benefits. Finally, instead of turning the funds over immediately, the institution may hold an attached account under several alternative arrangements described in subdivision (h), so long as it still honors the freeze on withdrawals required by subdivision (d).

Frequently Asked Questions

How does a plaintiff attach money in a defendant's bank account?

Section 488.455 requires the levying officer to personally serve a copy of the writ of attachment and a notice of attachment on the financial institution holding the account.

Does attaching a bank account freeze money deposited into it after the levy?

No. Under § 488.455(b), the lien reaches only the amount in the account at the time of service on the institution, not later deposits.

Is a bank liable for refusing to honor a check after a levy on the account?

No. Section 488.455(e) shields the financial institution from liability for refusing to pay a withdrawal or honor a check when doing so is required to comply with the levy.

Amendment History

Amended by Stats 2012 ch 484 (AB 2364),s 2, eff. 1/1/2013. Amended by Stats 2003 ch 110 (AB 690),s 1, eff. 1/1/2004. Amended by Stats 2002 ch 664 (AB 3034),s 47, eff. 1/1/2003.

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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