Legal Question in Civil Litigation in California

I need to put a bank levy on the Defendant's bank account. The process server says that he needs to personally serve the Defendant with a copy of the writ and let her know before the bank levy takes place. I am very concerned that as soon as the Defendant learns this, she will either close her bank account or take out out her money out of her bank account.
Can't I first levy the bank account and then the process server either mail or serve the paper on the Defendant?
Please advise. Thank you very much

Asked on 12/20/13, 9:51 am

Kristine Karila Law Office of Kristine S. Karila

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I don't think the judgment debtor needs to be served. Find another process server.

Answered on 12/20/13, 10:13 am

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I agree. Get a new service. The judgment debtor must be served "at the time of the levy or promptly thereafter."

Answered on 12/20/13, 1:57 pm

Anthony Roach Law Office of Anthony A. Roach

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You can have the Sheriff serve the bank levy on the bank. Otherwise, get a different process server that knows what he or she is doing.

Answered on 12/30/13, 11:58 am

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