Real Property Levy
Writ of Attachment

• Original Letter of Instructions per Code of Civil Procedure § 488.030
• A copy of the Writ of Attachment (form AT 135)
• A copy of the Right to Attach Order (forms AT 120, AT 125 or AT 130)
• Notice of Attachment (form AT 165)
• Copy of Undertaking per Code of Civil Procedure § 489.210 and § 489.220
• Copy of the Summons and Complaint (form 982a16) if not already served
• Required Fees

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

• Original Writ of Attachment (form AT 135)
• Right to Attach Order (form AT 120, AT 125 or AT 130)
• Notice of Attachment (form AT 165)
• Undertaking per Code of Civil Procedure § 489.210 or Undertaking by Personal Sureties (form AT 160 or CD 140)
• Summons and Complaint (form 982a16) if they have not already been served.

The letter of instructions must specify the type of levy requested.  It must include a legal description of the property (to include parcel number) to be levied upon, the street address and whether the property is a dwelling.  Specify whether the real property also stands in the name of third persons (recorded owners other than the defendant) as indicated by county records.  If yes, list the names and addresses of all third parties as well as all A.K.A.’s of the debtor.  If a copy of the Summons and Complaint is not provided with instructions for the RPS to serve them, the letter of instructions must state that the Summons and Complaint have already been served.  Please specify if the defendant(s) interest in the real property consists of a leasehold interest.  If so, provide the date when the lease expires.  

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

The method of levy is the creation of a judicial lien on the property.  This is accomplished by recording the Writ of Attachment, Notice of Levy and other documents with the County Recorder of the county in which the real property is located.  The levy documents describe the property levied upon and state that the judgment debtor’s interest in the described property has been levied upon.  The levy remains in effect until the civil case is adjudicated.  Our Office requires real property attachment levies to be served by a Registered Process Server (RPS) per Code of Civil Procedure § 488.080, § 488.315 and § 700.015.  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 per Code of Civil Procedure § 488.080(d): 

§         The Original Writ of Attachment

§         An affidavit of the registered process server stating the manner of levy performed.

§         Proof of service of a copy of the writ and Notice of Attachment on other persons as required by Article 2 (commencing with Code of Civil Procedure § 488.300). 

If required fees have been received by the Sheriff, the Sheriff will perform all other duties under the Writ of Attachment and return the writ to the court with a statement of action taken.