LEVY & WAGE GARNISHMENT INFORMATION
Bank Levy Services
On January 1, 2013, Assembly Bill 2364 (AB 2364) took effect in California. AB 2364 provided authority for financial institutions to designate a “central location(s)” for service of process. AB 2364 also provides authority for a financial institution that designates a central location for service of process to not accept service at any branch of the financial institution not designated as a “central location” for service of process.
If the financial institution has designated a “central location” for service of process, and the financial institution has also elected to not accept service of process at a branch not designated as a “central location” for service of process, then service at a non-“central” branch location will not be considered effective service of process.
Prior to submitting instructions to the Sheriff’s Department, it is the creditor’s responsibility to determine the correct address for service upon the financial institution. If the financial institution has designated a “central location,” it may be necessary for the creditor to request service of process through the Sheriff’s Department for the county where the “central location” is located.
For more information regarding AB 2364 you should visit the California Department of Business Oversight’s website.
Safe deposit box levy pursuant to CCP 684.115(c)
For the Sheriff’s Department to levy on a safe deposit box pursuant to CCP 684.115(c), the creditor must provide the following:
- Original Writ of Execution issued to San Diego County.
- A copy of the bank’s Memorandum of Garnishee indicating that the bank has sealed the safe deposit box located in San Diego County.
- A copy of the Proof of Service from the other county.
- Instructions to “levy and sell” the contents of the safe deposit box pursuant to CCP 684.115(c).
- Current fee for service of a levy.
- Current fee for opening a safe deposit box (Government Code 26723) plus $250.00 to cover the cost of hiring a locksmith.
When the Sheriff receives a written response from the garnishee or employer, a copy will be mailed to you. You should receive a written response from our office within three weeks after service of the levy. Any funds collected from the levy will be paid to you within approximately four to five weeks from receipt of funds less a $12 processing fee that is assessed by the Sheriff's Department in accordance with California Government Code 26746. This processing fee is charged to the defendant for each payment processed and does not count towards the judgment total.
If you want a status report of how much has been collected on your case, please fax your request to your area office. Your case will be researched and you will receive a response within 5 business days. If you do not have access to a fax machine, call your area Civil Office directly.