Code of Civil Procedure - CCP - CCP § 488.610

Summary

(a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days

Text

(a)
At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days after the request is made, the third person shall mail or deliver the garnishee’s memorandum to the levying officer whether or not the levy is effective.
(b)
The garnishee’s memorandum shall be executed under oath and shall contain the following information:
(1)
A description of any property of the defendant sought to be attached that is not delivered to the levying officer and the reason for not delivering the
property.
(2)
A statement of the amount and terms of any obligation to the defendant sought to be attached that is due and payable and is not paid to the levying officer and the reason for not paying the obligation.
(3)
A statement of the amount and terms of any obligation to the defendant sought to be attached that is not due and payable at the time of levy.
(4)
A description of claims and rights of other persons to the attached property or obligation that are known to the third person and the names and addresses of those other persons.
(5)
A statement that the garnishee holds neither any property nor any obligations in favor of the judgment debtor.
(c)
If a garnishee’s memorandum is
received from the third person, the levying officer shall promptly mail or deliver a copy of the memorandum to the plaintiff and attach the original to the writ when it is returned to the court. If a garnishee’s memorandum is not received from the third person, the levying officer shall so state in the return.
(d)
Except as provided in subdivisions (e) and (f), if a third person does not give the levying officer a garnishee’s memorandum within the time provided in subdivision (a) or does not provide complete information, the third person may, in the court’s discretion, be required to pay the costs and reasonable attorney’s fees incurred in any proceedings to obtain the information required in the garnishee’s memorandum.
(e)
Notwithstanding subdivision (a), where a deposit account or property in a safe-deposit box is attached, the financial institution need not give a garnishee’s
memorandum to the levying officer if the financial institution fully complies with the levy and, if a garnishee’s memorandum is required, the garnishee’s memorandum need provide information with respect only to property which is carried on the records available at the office or branch where the levy is made, unless the levy has been served at a central location designated by a financial institution in accordance with Section 684.115, in which case the garnishee’s memorandum shall apply to all offices and branches of the financial institution except to the extent acceptance of the levy at that central location is limited pursuant to paragraph (3) of subdivision (b) of Section 684.115.
(f)
Notwithstanding subdivision (a), the third person need not give a
garnishee’s memorandum to the levying officer if both of the following conditions are satisfied:
(1)
The third person has delivered to the levying officer all of the property sought to be attached.
(2)
The third person has paid to the levying officer the amount due at the time of levy on any obligation to the defendant that was attached and there is no additional amount that thereafter will become payable on the obligation levied upon.

Retrieval chunks

• #1 | Code of Civil Procedure - CCP - CCP § 488.610

  (a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days after the request is made, the third …

• #2

  memorandum to the levying officer if the financial institution fully complies with the levy and, if a garnishee’s memorandum is required, the garnishee’s memorandum need provide information with respect only to property which is carried on the records available at the office or branch where the levy is made, unless th…