ATTACHMENTS AND LEVIES THAT MAY BE SERVED BY A REGISTERED PROCESS SERVER
(c ) Tony Klein 2003  
This is a page from the Registered Process Server's Guide to Service of Writs of Attachment and Writs of Execution, 2nd Edition     
Registered Process Servers are authorized to serve writs of attachments and writs of executions for only specific assets. An RPS is not authorized to serve all writs.

The following is a list of the types of attachments and levies permitted to be served by a Registered Process Server.  The CCP gives an RPS the authority to perform certain attachments under a writ of attachment under CCP § 488.080 and writs of execution under CCP § 699.080. If the attachment or levy is not on this list, you may not participate in this levy as a Registered Process Server unless specially ordered by the judge.  The CCP code sections cited describe the procedure for serving the attachment and levy.  Since a Registered Process Server may serve these attachments and levies, the sheriff is not mandated to serve them.  Therefore, some county sheriffs will refuse to serve these attachments and levies.  These attachments and levies are described in the Specific Requirements Sections of this book.

 
General Description
Attachment
Execution
Real Property
488.315
700.015
Growing Crops
488.325
700.020
Personal Property in the Custody of a
Levying Officer
488.355
700.050
Equipment of Going Business
488.375
(NOT AUTHORIZED)
Motor Vehicles Used as
Equipment of a Going Business
488.385
(NOT AUTHORIZED)
Farm Products or Inventory of a Going Business
488.405
(NOT AUTHORIZED)
Personal Property Used as Dwelling
488.415
700.080
Deposit Accounts
480.455
700.140
Property in a Safe Deposit Box
488.460
700.150
Accounts Receivable or General Intangible
488.470
700.170
Final Money Judgments
488.480
700.190
Interest of a Defendant in Personal Property In the Estate of a Decedent
488.485
700.200

Writ of Possession for Real Property		  
(NOT AVAILABLE)
715.020, 715.040
(Only if sheriff fails to execute the writ in 3 days)


Sections 481.205 and 680.330 authorize a Registered Process Server to serve all documents necessary in connection with a writ of attachment or execution.  The California Business and Professions Code § 22350 defines a Registered Process Server as a person who is bonded and who has filed a Certificate of Registration with the county.  By virtue of this definition, persons who are exempt from registration (employees, independent contractors, private investigators and their employees, lawyers and their employees) and other non-registered process servers are not statutorily authorized to serve a writ.  Service of a writ of attachment or execution is invalid if served by a non-registered server or a sheriff.

If  the statute provides for service by the levying officer of any order, notice or other paper, service may be may by that person or his or her agent.  The levying officer may give permission to any person to serve the attachment or levy. The levying officer may not give permission to serve a notice or writ. (CCP § 684.140)
 

The Registered Process Server's Guide to Service of Writs

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