Civil Process Server Types and Fees
KEEPER 8-HOUR (WRIT OF EXECUTION)
Information Guide
Seizure is the method of levy for personal property in the possession of the debtor. If the debtor has a
business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively
inexpensive form of seizure. An 8-hour keeper levy is particularly effective when used as a "fact-finding
mission" to identify equipment and inventory at the debtor’s business. A deputy 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 or equipment unless paid for. The keeper also prepares a written
inventory of the property found at the business. If further action is required, the creditor 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 property if the debtor does not satisfy the judgment.
The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation,
partnership, etc.) If an exemption is filed, the Process Server will mail a copy of the claim and
instructions for opposing the exemption to the creditor.
Property belonging to the debtor that is not in the possession of the debtor must be garnished and
cannot be seized. A keeper levy cannot be made if the Process Server determines that the business is
not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if
the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an
individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because
the corporation is not a named debtor. The wages owed to John Smith by the corporation must be
levied by garnishment (earnings withholding order.)
If the debtor is an artificial person (corporation, partnership, etc.), the writ must include the debtor’s
legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ
that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example,
A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto
Parts is acceptable.
Seizure is the method of levy for personal property in the possession of the debtor. If the debtor has a
business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively
inexpensive form of seizure. An 8-hour keeper levy is particularly effective when used as a "fact-finding
mission" to identify equipment and inventory at the debtor’s business. A deputy 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 or equipment unless paid for. The keeper also prepares a written
inventory of the property found at the business. If further action is required, the creditor 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 property if the debtor does not satisfy the judgment.
The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation,
partnership, etc.) If an exemption is filed, the Process Server will mail a copy of the claim and
instructions for opposing the exemption to the creditor.
Property belonging to the debtor that is not in the possession of the debtor must be garnished and
cannot be seized. A keeper levy cannot be made if the Process Server determines that the business is
not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if
the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an
individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because
the corporation is not a named debtor. The wages owed to John Smith by the corporation must be
levied by garnishment (earnings withholding order.)
If the debtor is an artificial person (corporation, partnership, etc.), the writ must include the debtor’s
legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ
that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example,
A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto
Parts is acceptable.
Checklist
- $150 fee deposit
- Original Writ of Execution (Money Judgment) Plus
three copies - Process Server's Instructions
- Submit to the Process Server no later than 160
days after issuance of the Writ of Execution
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All U.S. States are accepted by PSSLAC
for process server service within
California.
