(a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions.
(b) If the original writ is not returned to court as provided in subdivision (a), the levying officer shall retain, for not less than two years after the levying officer’s return is filed with court, each of the following, as applicable:
(1) The original paper writ or digital image of the writ.
(2) The memorandum of garnishee.
(3) The employer’s return.
(4) An inventory of the levied property.
(c) A creditor seeking the issuance of a writ directed to another county may direct the levying officer to file an accounting of the levying officer’s actions with the court.
(1) The filing of the accounting described in this subdivision does not constitute a return of the writ.
(2) The accounting shall indicate that the levying officer is in possession of an active writ.
(Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
Last modified: October 25, 2018