Civil Process Server Types and Fees
KEEPER CASH-ONLY (WRIT OF ATTACHMENT)
Court Document Required
|
Original Writ of Attachment (form AT 135) plus three copies; three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint (form 982a16), if not already served.
|
Purpose of Process
|
A writ of attachment authorizes the Process Server to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds (or the equivalent of cash) for an 8-hour period.
|
Process Server's Instructions
|
Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff does not have an attorney) must sign and date the Process Server’s instructions.
|
Manner of Levy
|
The method of levy is seizure by placing a Process Server’s keeper in the defendant’s business to collect sales proceeds.
|
Time for Service
|
The Writ of Attachment expires 60 days after receipt by the Process Server.
|
Fee Deposit
|
$150 to start.
|
Fee
|
$135 if served, $50 if not founded, $20 if cancelled.
|
Proof of Service
|
A proof of service is not issued. Instead, a return detailing the Process Server's actions is prepared which accompanies the writ when it is returned to the court. The Process Server telephonically notifies the creditor when the keeper is placed.
|
|
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. 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. The Process Server holds all monies and property pending the outcome of the lawsuit.
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.)
Checklist
- $150 fee deposit
- Original Writ of Attachment (form AT 135) plus
three copies
- Three copies of the Order for Issuance of Writ of
Attachment (form AT 125 or AT 130)
- Two copies of the summons and complaint (form
982a16,) if not already served.
- Process Server Instructions
All U.S. States are accepted by PSSLAC
for process server service within
California.