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§ 700.020.Levy Upon Growing Crops Timber to Be Cut Or Minerals

Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Last amended 1994 · Last verified July 28, 2026

In one sentenceSection 700.020 levies on growing crops, timber to be cut, or minerals and oil or gas to be extracted by recording a notice of levy with the county recorder and serving it on the property's record owner, any secured party with a filed financing statement, and an occupant of the land.

Full Text of § 700.020

Text sizeJump to: (a) (b) (c)

(a) To levy upon (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall record with the recorder of the county where those crops, timber, or minerals or the like are located a copy of the writ of execution and a notice of levy that describes the property levied upon and states that the judgment debtor's interest in the described property has been levied upon and describes the real property where the crops, timber, or minerals or the like are located. If the judgment debtor's interest in the crops, timber, minerals or the like, or if the real property where the crops, timber, or minerals or the like are located, stands upon the records of the county in the name of a person other than the judgment debtor, the notice of levy shall identify the third person and the recorder shall index the copy of the writ and notice of levy in the names of both the judgment debtor and the third person.
(b) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ and a notice of levy personally or by mail on the following persons:
(1) Any third person in whose name the judgment debtor's interest in the crops, timber, minerals or the like stands upon the records of the county and any third person in whose name the real property stands upon the records of the county. If service on the third person is by mail, it shall be sent to the person at the address for the person, if any, shown by the records of the office of the assessor of the county where the real property is located or, if no address is so shown, to the person at the address used by the county recorder for the return of the instrument creating the interest of the third person in the property.
(2) Any secured party who has filed a financing statement with respect to the crops, timber, or minerals or the like or the accounts receivable, prior to the date of levy on the property.
(c) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ and a notice of levy on one occupant of the real property where the crops, timber, or minerals or the like are located. Service on the occupant shall be made by leaving the copy of the writ and a notice of levy with the occupant personally or, in the occupant's absence, with a person of suitable age and discretion found upon the real property when service is attempted who is either an employee or agent of the occupant or a member of the occupant's household. If he or she is unable to serve an occupant or suitable person at the time service is attempted, the levying officer shall post the copy of the writ and the notice of levy in a conspicuous place on the real property. However, the posting requirement of the preceding sentence shall not apply where the levy is made upon minerals or the like (but not including oil or gas) and no dwelling is located on the real property. If the real property described in the notice of levy consists of more than one distinct lot, parcel, or governmental subdivision and any of the lots, parcels, or governmental subdivisions lies with relation to any of the others so as to form one or more continuous, unbroken tracts, only one service or posting need be made under this subdivision as to each continuous, unbroken tract.
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Plain-English Summary

Crops, timber, and minerals sit on real property but are treated as property in their own right for execution purposes. Section 700.020 requires recording a notice of levy, describing both the crops or minerals and the real property where they sit, with the county recorder. If county records show the crops, timber, minerals, or the underlying real property in a name other than the debtor's, the notice must identify that third person, and the recorder indexes the levy under both names.

The officer then serves a copy of the writ and notice, personally or by mail, on two groups of people: anyone whose name the property or the real property stands in on county records, and any secured party who filed a financing statement covering the crops, timber, minerals, or related receivables before the levy date.

An occupant of the real property also gets served, the same way § 700.015 requires for real property generally — personally, through a suitable person found on the land, or by posting. One exception: posting isn't required when the levy targets minerals other than oil or gas and no dwelling sits on the property.

Frequently Asked Questions

What has to be recorded to levy on growing crops, timber, or minerals?

A copy of the writ of execution and a notice of levy describing both the property levied upon and the real property where it's located, recorded with the county recorder.

Who besides the record titleholder must be served?

Any secured party who filed a financing statement covering the crops, timber, minerals, or related receivables before the date of levy.

Is posting on the land always required?

No. Posting isn't required when the levy is on minerals other than oil or gas and no dwelling is located on the real property.

Does this section cover oil and gas?

Yes, minerals or the like specifically includes oil and gas to be extracted, and receivables from their sale at the wellhead or minehead.

Amendment History

Amended by Stats. 1993, Ch. 1187, Sec. 1.5. Effective January 1, 1994.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: levy on growing crops timber minerals californialevy on oil gas mineral rights