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

In this page:
What is a bank levy?

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.

How do bank levies work?

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