Bank Garnishment
Writ of Execution

Our Office requires bank garnishments to be served by a Registered Process Server (RPS) per Code of Civil Procedure § 699.080 and § 700.140.  Prior to the levy, the RPS must open a file with our office and deposit with the Sheriff:

• A copy of the Writ of Execution (form EJ 130)
• A copy of the Notice of Levy (form EJ 150)
• Required Fees
• One copy of any “If applicable” document(s) listed below
• Original letter of instructions signed and dated by judgment creditor’s attorney or the judgment creditor if the judgment creditor does not have an attorney.

When opening a file with our office, the RPS must have in his/her possession the levy packet which consists of the following:

• Original Writ of Execution—Money Judgment (form EJ-130)
• Notice of Levy
• Memorandum of Garnishee
• List of exemptions per Code of Civil Procedure § 681.030(c) if the defendant is a natural person 
• Spousal Affidavit (Original and two copies)—If applicable
• Fictitious Business Name Statement (Certified Copy plus two copies)—If applicable
• Court order authorizing a levy on a third person’s bank account (Original and two copies)—If applicable

Affidavit of identity filed with the court (three copies)—If applicable

Specify the name and address of the branch of the financial institution (bank, credit union, etc.) where the debtor’s account is located.  Specify the name of the debtor whose account is to be garnished and social security number, if available.  Reference any additional documents: affidavit of identity, spousal affidavit, fictitious business name statements, court order to levy on a third party’s account affidavit of identity.  Specify the name and address of the person or designee who is to receive correspondence and/or payments.

 The judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney) must sign and date the instructions. 

The method of levy is the service of a garnishment on the debtor’s bank account directing the bank to remit any monies held to the Sheriff towards satisfying a money judgment. Bank garnishments in Contra Costa County must be served by a Registered Process Server (RPS) per Code of Civil Procedure § 699.080 and § 700.140.  Prior to the levy, the RPS must open a file with our office with required fees.  After levy, the RPS must file with the Sheriff within five (5) days the following:

·        Original Writ of Execution

·        Affidavit stating the manner of levy performed

·        Proof of service and notice on other persons

·        Original letter of instructions

If required fees have been received by the Sheriff, the Sheriff will perform all other duties under the Writ of Execution and return the writ to the court with an accounting of action taken.  A copy of the bank’s response to the levy (Memorandum of Garnishee) will be mailed to the judgment creditor’s attorney or the judgment creditor, if the judgment creditor is not represented by an attorney.

$125.00 for opening each safety deposit box.