§ 700.180.Property Levied On Subject to Pending Action Or Special Proceeding

Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 700.180 permits levy on certain property despite a pending action or special proceeding involving it -- real property, growing crops and minerals, tangible personal property in the debtor's control, and a decedent's-estate interest -- while making any other levy on property caught up in pending litigation ineffective.

Full Text of § 700.180

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

(a) The following property may be levied upon pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or special proceeding:

(1) Real property.

(2) Growing crops, timber to be cut, or minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead.

(3) Tangible personal property in the possession or under the control of the judgment debtor or in the custody of a levying officer.

(4) The interest of a judgment debtor in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession.

(b) Except as provided in subdivision (a), a levy upon property that is the subject of an action or special proceeding pending at the time of the levy is not effective.

(c) If a levy is attempted but is ineffective under subdivision (b) and the levying officer has requested a garnishee's memorandum under Section 701.030 in connection with the ineffective levy, the garnishee's memorandum shall include the following information in addition to that required by Section 701.030:

(1) A statement that the levy on the property is not effective because the property is the subject of a pending action or special proceeding.

(2) The title of the court, cause, and number of the pending action or proceeding.

(d) For the purpose of this section, an action or proceeding is pending from the time the action or proceeding is commenced until judgment has been entered and the time for appeal has expired or, if an appeal is filed, until the appeal has been finally determined.

(e) Nothing in this section affects or limits the right of the judgment creditor to obtain a lien pursuant to Article 5 (commencing with Section 708.410) of Chapter 6.

End

Plain-English Summary

Litigation over a piece of property can otherwise complicate a levy on it, so § 700.180 draws a clear line. Four categories of property may be levied on even though a pending action or special proceeding concerns them: real property; growing crops, timber, or minerals (including oil and gas) or receivables from their sale at the wellhead or minehead; tangible personal property in the debtor's possession, control, or in a levying officer's custody; and a debtor's interest in personal property of a decedent's estate.

For everything else, a levy attempted on property that is the subject of a pending action or proceeding doesn't take effect at all. If the officer attempted such a levy and requested a garnishee's memorandum, that memorandum has to say the levy is ineffective for this reason and identify the court, cause, and number of the pending matter. An action counts as pending from the moment it's commenced until judgment is entered and the appeal period expires, or, if an appeal is taken, until the appeal is finally resolved.

Nothing here cuts off the judgment creditor's separate right to record a lien under Article 5 (commencing with § 708.410) of Chapter 6, which addresses liens on property involved in pending litigation through a different mechanism.

Frequently Asked Questions

Can real property be levied on while a lawsuit about it is pending?

Yes, § 700.180(a) exempts real property, along with three other categories, from the general rule that levy on litigated property is ineffective.

What happens to a levy on other property caught up in pending litigation?

It has no effect at all, under § 700.180(b).

What must a garnishee's memorandum say if the levy was ineffective for this reason?

That the levy isn't effective because the property is the subject of a pending action or special proceeding, plus the court, cause, and number of that matter.

When does an action stop counting as pending for this section?

Once judgment is entered and the appeal time expires, or, if an appeal is filed, once the appeal is finally determined.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 property subject to pending action california