Civil Process Server Types and Fees
BUSINESS SEIZURE (WRIT OF ATTACHMENT)
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Information Guide
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property
levied under a writ of attachment is held by the Process Server until the lawsuit is adjudicated. Ordinarily,
the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment.
However, the court may issue a writ of attachment ex parte without notice to the defendant under certain
circumstances. The Process Server places a keeper (custodian) in the business to collect sales proceeds,
prevent the removal of any stock-in-trade and to prepare an inventory. The property is moved to storage at
the end of two days (if the defendant is corporation, partnership, LLC, etc.) or ten days (if the defendant is
a natural person). The Sheriff holds all monies and property pending the outcome of the lawsuit. Equipment
of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of
levy.
Property that is not in the possession of the defendant cannot be seized if the Process Server determines
that the property is the possession of a third party and not in the possession of the defendant.
The Process Server must serve a copy of the writ of attachment, order for issuance of the writ and notice of
attachment on the defendant. If the defendant has an attorney of record, service must be made on the
attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did
not appear in the action, e.g., defendant did not file a response with the court, the service must be made in
the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions
to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether
the defendant has appeared in the action (if the writ was issued ex parte.)
The plaintiff must make an advance deposit with the Process Server to cover levy fees and moving and
storage costs. The Process Servers’s levy fees will vary depending on the number of keepers utilized and
the duration of the levy. The plaintiff should call the Process Server to determine the levy fee amount and to
obtain the name and telephone number of a moving and storage company. The Process Server’s
instructions must include an estimate for moving and 30 days storage and the name and telephone number
of the moving company employee who provided the quote. The advanced fee deposit is the total of the
Process Server’s levy fees plus the estimated costs for moving and storage.
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property
levied under a writ of attachment is held by the Process Server until the lawsuit is adjudicated. Ordinarily,
the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment.
However, the court may issue a writ of attachment ex parte without notice to the defendant under certain
circumstances. The Process Server places a keeper (custodian) in the business to collect sales proceeds,
prevent the removal of any stock-in-trade and to prepare an inventory. The property is moved to storage at
the end of two days (if the defendant is corporation, partnership, LLC, etc.) or ten days (if the defendant is
a natural person). The Sheriff holds all monies and property pending the outcome of the lawsuit. Equipment
of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of
levy.
Property that is not in the possession of the defendant cannot be seized if the Process Server determines
that the property is the possession of a third party and not in the possession of the defendant.
The Process Server must serve a copy of the writ of attachment, order for issuance of the writ and notice of
attachment on the defendant. If the defendant has an attorney of record, service must be made on the
attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did
not appear in the action, e.g., defendant did not file a response with the court, the service must be made in
the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions
to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether
the defendant has appeared in the action (if the writ was issued ex parte.)
The plaintiff must make an advance deposit with the Process Server to cover levy fees and moving and
storage costs. The Process Servers’s levy fees will vary depending on the number of keepers utilized and
the duration of the levy. The plaintiff should call the Process Server to determine the levy fee amount and to
obtain the name and telephone number of a moving and storage company. The Process Server’s
instructions must include an estimate for moving and 30 days storage and the name and telephone number
of the moving company employee who provided the quote. The advanced fee deposit is the total of the
Process Server’s levy fees plus the estimated costs for moving and storage.
Checklist
- fee deposit of $200
- Original Writ of Attachment plus 3 copies
- Three copies of the order for issuance the writ
- 2 copies of the summons and complaint (if not
previously served) - Process Server Instructions
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All U.S. States are accepted by PSSLAC
for process server service within
California.
Order Today: (213) 259-6399
