§ 687.010.Instructions Given Levying Officer By Judgment Creditor
Title 9. Enforcement of Judgments · Division 1 · Chapter 7. Levying Officers · Last amended 2014 · Last verified July 28, 2026
Full Text of § 687.010
Plain-English Summary
A levying officer — a sheriff, marshal, or registered process server acting in that role — doesn't guess at what to seize. Section 687.010 requires the judgment creditor to spell it out in writing, signed by the creditor's attorney of record or by the creditor personally. The instructions must adequately describe the property, say whether it's a dwelling and, if so, whether it's real or personal property, and identify the debtor, including the type of legal entity if the debtor isn't a natural person.
The officer follows those instructions to the extent they conform to this title's requirements, and may rely on the information in them unless the officer has actual knowledge that something in them is wrong. That reliance protection matters alongside § 687.040's broader liability shield for officers who act in conformance with the title.
Instructions can be sent electronically under the procedures in Chapter 2 (commencing with § 263) of Title 4 of Part 1. When the accompanying writ itself is an electronic record, the instructions must also include the writ's issuance date, the parties' names, the judgment amount or property description, and a statement of whether the writ is an original (or a copy not yet in the officer's possession) or a copy the officer already holds. So long as the officer has no actual knowledge that an electronic writ has been altered, the officer may treat it the same as a paper original.
Frequently Asked Questions
What must a judgment creditor's instructions to the levying officer include?
An adequate description of the property to be levied on, whether it's a dwelling and if so whether real or personal property, and the judgment debtor's name and entity type if not a natural person.
Can the levying officer rely on the instructions without double-checking them?
Yes, unless the officer has actual knowledge that the information in the instructions is incorrect.
Can instructions and writs be sent to the levying officer electronically?
Yes. Section 687.010(d) permits electronic transmission under Chapter 2 (commencing with § 263) of Title 4 of Part 1, and subdivisions (e) and (f) address writs issued as electronic records.
Amendment History
Amended by Stats 2013 ch 156 (AB 1167),s 1, eff. 1/1/2014. Amended by Stats 2010 ch 680 (AB 2394),s 5, eff. 1/1/2011.