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.)
Checklist


  • $46.20 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
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 and prevent the removal of any inventory
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 Sheriff’s instructions.
Time for Service
The Writ of Attachment expires 60 days after receipt by the Sheriff.
Manner of Levy
The method of levy is seizure by placing a Process Server’s keeper in the defendant’s
business to prevent removal of property and to collect sales proceeds for payment to
the creditor. The Process Server collects sales revenue and prevents removal of
property from the debtor’s business for an 8-hour period.
Fee Deposit
$46.20 or more
Fee
$46.20 if served, not founded, or 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.


All U.S. States are accepted for  process
server service within California.
LACFCS Department Company
Los Angeles Civil & Family Court Services Department Company
KEEPER 8-HOUR (WRIT OF ATTACHMENT) $46.20
T. (213) 352-0533
F. (888) 596-4381
E. sendme@ladepartment.org
M. 3006 S. Vermont Ave. # 241 Los Angeles, CA 90007