Carry out a bank levy
California law allows a creditor to garnish, or levy, a debtor's bank account to withdraw funds to pay off a debt
California law allows a creditor to garnish, or levy, a debtor's bank account to withdraw funds to pay off a debt
A bank levy instructs a bank to take funds or assets out of an individual’s account or safe deposit box to pay off a debt to a creditor.
Creditors may have the San Francisco Sheriff’s Office attempt to serve a bank levy from a court-issued writ of execution. You must provide:
- Complete SER-001 and SER-001A forms
Original writ plus five copies of the writ for each levy that we attempt
Pay the bank levy service fee. There is no fee if you submit a certified, court-issued fee waiver
Additional fees will occur if the Sheriff’s Office seizes the contents of a safe deposit box. The safe deposit box must be located in San Francisco
Banks must provide a completed memorandum of garnishee to the Sheriff’s Office within 15 days of receiving the levy. This form states how much money is in the account and if the bank was able to locate a safe deposit box.
If the bank does not respond, the creditor is responsible for contacting the bank. Once the Sheriff’s Office receives the memorandum of garnishee from the bank, they will mail a copy to the creditor.
Additional resources
SFSD Civil Process Service Fees
California Code of Civil Procedures
CCP 720.150
ACCESS Center
Legal self-help at the San Francisco Superior Court
Definitions
Creditor
Person or business that is owed money
Debtor
Person or business that owes money to a creditor
Judgment debt
A court-issued judgment that specifies the amount of money a debtor owes to a creditor
Levy
A collection enforcement tool that creditors use to collect on a debt
Memorandum of garnishee
Written report of judgment debtor’s accounts, obligations and personal property that are under third party’s control (i.e. bank) and possession
Personal property
Anything you own that can be moved, like vehicles, or other valuable items
Real property
Anything you own that cannot be moved, like your home, land, or other buildings
Writ
Court-issued document that begins the transfer of assets
The San Francisco Sheriff’s Office cannot provide legal advice. If you have a legal problem, we suggest contacting an attorney.
CA Business & Professions Code Section 6125
Government Code 24004