§ 701.030.Garnishee's Memorandum

The levying officer is supposed to ask for this memorandum at the time of service, and subdivision (a) gives the third person ten days from service to mail or deliver it, regardless of whether the levy turns out to be effective. Subdivision (b) lists what the sworn memorandum has to cover, as applicable: property sought but not delivered and why, other property of the debtor not sought to be levied on, obligations due and payable but not paid and why, obligations not yet due, other obligations owed the debtor that were not levied on, known competing claims to the property with the names of those claimants, or a plain statement that the third person holds nothing belonging to the debtor.

Once the officer gets a memorandum, subdivision (c) requires keeping a copy and promptly sending one to the judgment creditor as well, so the creditor knows what the third person is claiming.

Subdivisions (e) and (f) trim this requirement in two common situations. A financial institution served with a deposit-account or safe-deposit-box levy does not need to file a memorandum at all if it fully complies with the levy, and if one is required anyway, it only has to cover property on the records at the branch where the levy was made (or, for a levy served at a centrally designated location under § 684.115, across all its branches, subject to that section's own limits). And a third person who has already delivered everything sought and paid everything currently due, with nothing more to come, does not have to file one either. Subdivision (d) backs the deadline with a consequence — a third person who misses it, or gives incomplete information, may be ordered to pay the costs and reasonable attorney's fees incurred in proceedings needed to get that information, at the court's discretion.