Civil Process Server Types and Fees
KEEPER 8-HOUR (WRIT OF ATTACHMENT)
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 placement of a keeper in the defendant’s business for an 8-
hour period is a relatively inexpensive form of seizure and is particularly useful when used as a "fact-
finding mission" to identify equipment and inventory at the defendant’s business. A Process Server
performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During
that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the
removal of any stock-in-trade unless paid for. The keeper also prepares a written inventory of the
property found at the business. If further action is required, the plaintiff may refer to the keeper’s
inventory to weigh the feasibility of having the Process Server seize, move to storage and sell some or
all of the inventory. Equipment of the business is not subject to seizure as a lien filed with the Secretary
of State is the proper method of levy.
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 Process Server 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.)
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 placement of a keeper in the defendant’s business for an 8-
hour period is a relatively inexpensive form of seizure and is particularly useful when used as a "fact-
finding mission" to identify equipment and inventory at the defendant’s business. A Process Server
performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During
that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the
removal of any stock-in-trade unless paid for. The keeper also prepares a written inventory of the
property found at the business. If further action is required, the plaintiff may refer to the keeper’s
inventory to weigh the feasibility of having the Process Server seize, move to storage and sell some or
all of the inventory. Equipment of the business is not subject to seizure as a lien filed with the Secretary
of State is the proper method of levy.
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 Process Server 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.)
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All U.S. States are accepted by PSSLAC
for process server service within
California.
Order Today: (213) 259-6399
