Civil Process Server Types and Fees
BANK GARNISHMENT (WRIT OF EXECUTION)
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The creditor may instruct the Process Server to levy on a judgment debtor's
deposit account at a financial institution (bank, savings and loan, credit union)
pursuant to a writ of execution (money judgment). A deposit account
standing only in the name of the debtor or a joint account shared by the
debtor and another person is subject to levy. The garnishment must be
served at the specific branch where the account is maintained and only
attaches those funds in the account at the time of service. The bank is
required to mail the funds to the Process Server within 15 days after service
of the garnishment. If funds are not remitted, the bank must mail a
memorandum of garnishee to the Process Server explaining why the funds
were not remitted. The Process Server will mail a copy of the memorandum to
the creditor.
If the account is a joint account standing in the name of the debtor and
someone who is not a debtor, the bank will provide the name and address of
the third party in the memorandum of garnishee. The Process Server will
notify the third party and wait 15 days for the third party to contest the levy.
If the third party takes no action within the 15-day period, the Process Server
will mail a notice to the bank directing the bank to remit the funds to the
Process Server.
A court order is required if the account stands in the name of a third party
and is not shared with the debtor, unless the third party is a spouse.
A spousal affidavit is required to levy on an account standing in the name of a
spouse who is not a named debtor, unless the account is shared with the
debtor.
An unexpired, certified copy of a fictitious business name statement is
required to levy on an account standing in the name of a fictitious business, e.
g., John Smith dba Smith Enterprises. However, all parties listed as
registrants in the fictitious business name statement must be either a debtor
or the spouse of a debtor. The Process Server cannot serve the garnishment
if one of the registrants is not a debtor or spouse.
An affidavit of identity is required if the account stands in an alias name of the
debtor that was added by the court when the clerk issued the writ.
A memorandum of garnishee that indicates the debtor’s account is direct
deposit social security or public benefits account operates as a claim of
exemption. The Process Server will mail the memorandum together with
instructions on how to oppose the exemption to the creditor. If the creditor
does not timely oppose the exemption, the Process Server must release the
levy.
The application for writ of execution is required if the writ was issued for child
or spousal support.
deposit account at a financial institution (bank, savings and loan, credit union)
pursuant to a writ of execution (money judgment). A deposit account
standing only in the name of the debtor or a joint account shared by the
debtor and another person is subject to levy. The garnishment must be
served at the specific branch where the account is maintained and only
attaches those funds in the account at the time of service. The bank is
required to mail the funds to the Process Server within 15 days after service
of the garnishment. If funds are not remitted, the bank must mail a
memorandum of garnishee to the Process Server explaining why the funds
were not remitted. The Process Server will mail a copy of the memorandum to
the creditor.
If the account is a joint account standing in the name of the debtor and
someone who is not a debtor, the bank will provide the name and address of
the third party in the memorandum of garnishee. The Process Server will
notify the third party and wait 15 days for the third party to contest the levy.
If the third party takes no action within the 15-day period, the Process Server
will mail a notice to the bank directing the bank to remit the funds to the
Process Server.
A court order is required if the account stands in the name of a third party
and is not shared with the debtor, unless the third party is a spouse.
A spousal affidavit is required to levy on an account standing in the name of a
spouse who is not a named debtor, unless the account is shared with the
debtor.
An unexpired, certified copy of a fictitious business name statement is
required to levy on an account standing in the name of a fictitious business, e.
g., John Smith dba Smith Enterprises. However, all parties listed as
registrants in the fictitious business name statement must be either a debtor
or the spouse of a debtor. The Process Server cannot serve the garnishment
if one of the registrants is not a debtor or spouse.
An affidavit of identity is required if the account stands in an alias name of the
debtor that was added by the court when the clerk issued the writ.
A memorandum of garnishee that indicates the debtor’s account is direct
deposit social security or public benefits account operates as a claim of
exemption. The Process Server will mail the memorandum together with
instructions on how to oppose the exemption to the creditor. If the creditor
does not timely oppose the exemption, the Process Server must release the
levy.
The application for writ of execution is required if the writ was issued for child
or spousal support.
Information Guide
Checklist
- $34.99 fee deposit to begin
- Process Server Instructions.
- Original Writ of Execution-Money Judgment (form EJ-130) plus
three copies - Original and two copies of any spousal affidavit (if applicable)
- One certified copy of an unexpired fictitious business name
statement plus two copies (if applicable) - Three copies of an affidavit of identity (if applicable)
- Original and two copies of a court order authorizing a levy on a
third person’s bank account (if applicable) - Three copies of the application for writ of execution (if
applicable)
Note: If you are in a different state than
California, please use those required
court forms for your state.
All U.S. States are accepted by PSSLAC
for process server service within
California.
California, please use those required
court forms for your state.
All U.S. States are accepted by PSSLAC
for process server service within
California.
Order Today: (213) 259-6399
