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.)
All U.S. States are accepted for process
server service within California.
|KEEPER 8-HOUR (WRIT OF ATTACHMENT) $46.20
|T. (213) 352-0533
F. (888) 596-4381
M. 3006 S. Vermont Ave. # 241 Los Angeles, CA 90007