Civil Process Server Types and Fees
KEEPER CASH-ONLY (WRIT OF EXECUTION)
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Information Guide
The method of levy for personal property in the possession of the debtor is by seizure. 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. A deputy sheriff 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. A cash-only keeper levy differs from a standard keeper levy in that only sale proceeds are
levied upon, not the debtor’s inventory and equipment.
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 Sheriff 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 Sheriff 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.
The method of levy for personal property in the possession of the debtor is by seizure. 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. A deputy sheriff 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. A cash-only keeper levy differs from a standard keeper levy in that only sale proceeds are
levied upon, not the debtor’s inventory and equipment.
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 Sheriff 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 Sheriff 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 Instructions
- Submit to the Process Server no later than 160 days after issuance of the Writ of Execution
All U.S. States are accepted by PSSLAC
for process server service within
California.
