Northern District of California – Process Service Unit Writs of Execution (Levies) and Seizures All process, unless received from the court, is to be personally delivered to: U.S. Marshal Process Service Unit 450 Golden Gate Ave 7th Floor room 5166 San Francisco, CA 94102 Civil Process is accepted from 9:00 AM to 3:30 PM This information covers the service and execution of Writs of Execution to include Bank Levies, Garnishments, Till Taps, and Levies against personal and real property issued under the authority of US District or Bankruptcy Courts. Litigants should also use these procedures for Sales of Personal or Real Property seized or levied pursuant to Writ of Execution. The US Marshal follows the California Code of Civil Procedures (CCP) when executing process unless otherwise ordered by the Court. If a Judgment is issued by a court outside California, a Notice of Foreign Judgment should be filed with the Clerk of the Court, Northern District of California as the rules for enforcement may vary from other states. USEFUL TERMS Requestor Registered Process Server Levying Officer One who makes the request for service of process on behalf of a litigant. Often the requestor is the attorney representing the litigant. A bonded person who is hired by a litigant to serve process. Person authorized by law to enforce levies, seizures, and sales pursuant to orders of the court. All levies/seizures are processed through the US Marshal as the levying officer of the federal courts. As Levying Officer, the marshal receives requests for service of process, receives proofs of service, receives memoranda of garnishees, and disburses proceeds to the requestor or creditor. Requests for service of process are made on a USM285: Process Receipt and Return . The US Marshal charges a fee for processing/disbursing Writs and Levies. If the marshal serves the process, addition fees may be incurred. Please see the Schedule of Fees and Commissions. PROCESS REQUIRED… Bank Wage Till Pers Real Levy Garni Tap Prop Prop Judgmentii X X X X X iii iv Writ of Execution /Order X X X X X Notice of Levy X X X X X Memorandum of Garnishee X X Exemption Form X X X X X i Whereas Bank Levy, Till Tap, and Seizure of property is considered complete upon receipt of the MOG or seizure of property, a garnishment stays in effect until the judgment is satisfied or released. ii If the marshal is to take custody pursuant to a Writ of Replevin, an Order of Judgment is not necessary. iii If an original Writ was provided with another levy, provide a photo copy and cite the date and place of levy with which the original was provided. iv A standard form such as EJ130 or a written order issued by the Court is usually sufficient. If the Writ requires the Marshal to take custody of property, it should be in the form of an Order of the Court and identify the items to be seized, whether the marshal shall retain the items or turn them over to someone else, and express that marshal may use reasonable force to enter location to take possession of the item(s) WHO MAY SERVE… Bank Wage Till Pers Real Levy Garn Tap Prop Prop Registered Process Server Xi X Xii iii Deputy US Marshal X X X X X i If access is required to a safe deposit box, the levying officer must open the box ii RPS may record the levy with the county, serve the property occupant, and serve other parties; however, if it appears such service may endanger the RPS, the marshal should be contacted to make service iii WHOM TO SERVE… A set of documents should be provided for each party to be served and a copy for the marshal. See the table “Submitting USM285s” (below) for instructions on what to submit. Complete the top portion. Each USM285 should consist of the original and two copies. All three copies will be signed by the US Marshal to acknowledge receipt and provide a copy for the requestor’s records. Written and signed instructions should be included on an attached sheet unless completed within the USM-285. Bank Levy Garnishment Till Tap Personal Property Real Propertyi Due to manpower difficulties, local rules require litigants to use private process services whenever possible. Service by the US Marshal must be ordered by the court. Bank, Institution, or Other Party Holding Funds or Property (Accounts) X X X X ii County Recorder X Debtor Third Party (if applicable) iii X X X X X X X X X X i In addition to the Debtor and Other interested parties, Notice of Levy must also be served upon the Occupant of the property or else posted in a conspicuous place on the property if no Occupant is present. ii If the personal property is in the possession of the debtor a separate set of process does not need to be served on the debtor. iii Only required for others with ownership interest in items to be levied. USM-285: REQUEST AND INSTRUCTIONS FOR SERVICE OF PROCESS: Requests for the US Marshal to serve process must be made on the USM285. Requestors can use either of the following versions: 5-part (“carbon”) form: Present the form along with process. Upon request for service, the marshal will acknowledge receipt of the process on the first line of the USMS use space and provide the Acknowledgement copy to the requestor. Upon service or failure to serve, the marshal will complete the USM285 and distribute as follows: Original to the clerk of the court, copy to USMS records, copy as notification to the requestor, copy as an invoice for payment or refund to the requestor. On-line/PDF form: Present an original and one copy (not five as requested on the form). This constitutes a USM285 set. Upon request for service, the marshal will acknowledge receipt of the process on the first line of the USMS space on both and provide the copy to the requestor. Upon service or failure to serve, the marshal will complete the USM285 and make/distribute copies as follows: Original to the clerk of the court, copy to USMS records, copy as notification to the requestor, copy as an invoice for payment or refund to the requestor. Submitting USM285s If Writ/Levy is to be served by Registered Process Server If Writ/Levy/Order is to be served by U.S. Marshal and the property is in the possession of the debtor If Writ/Levy/Order is to be served by U.S. Marshal and the property is in the possession of someone other than the debtor (garnishee) One USM285 set for each levy (bank, institution). The instructions (either on the USM285 or by attached letter) should indicate all parties to be served by that levy. USM285 set for the levy (Action Set). Includes Original (for the property) and a copy for debtor. Process to include in the set: 1. Writ of Execution (2 copies) 2. Notice of Levy (2 copies) 3. Instruction/List of Exemptions (for debtor) 4. Copy of the Judgment 5. If subject of the levy is real property, an addition Writ and Notice must be submitted for recording. USM285 is required for each interested third party to be served/ noticed. Process to include in the set: 1. Notice of Levy (1 copy) 2. Instructions for third party claim USM285 set for the levy (Action Set). Includes Original (for the property) and a copy (for the garnishee) of process. Process to include in the set: 1. Writ of Execution (2 copies) 2. Notice of Levy (2 copies) 3. Memorandum of Garnishee (2 copies) 4. Copy of the Judgment 5. If subject of the levy is real property, an addition Writ and Notice must be submitted for recording. USM285 set for debtor. Process to include in the set: 1. Writ of Execution (1 copy) 2. Notice of Levy (1 copy) 3. Instruction/List of Exemptions (for debtor) Sale of the property USM285 is required for each interested party to be served/ noticed. Process to include in the set: 1. Notice of Levy (1 copy) 2. Instructions for filing third party claim A single USM285 set is required for: 1. 2. 3. 4. 5. Posting Notice in a Public Space Posting the Property/Serve Occupant Publishing Notice in local papers Conducting the Sale Notification by Mail to interested parties. A USM285 set is required to post the property if Real Property Release of property A single USM285 set is required for Release. No process is required to accompany the USM285. Reason for release should be included in the Special Instructions. SCHEDULE OF FEES AND COMMISSIONS A deposit based on anticipated USMS fees and expenses is required at the time the request for service of process is made. Any expenses not covered will be billed. Any overpayment will be refunded. Funds are accepted by check or cashier’s check. Refunds and proceeds are usually dispersed electronically (contact the Service of Process Unit for an ACH form.) SERVICE FEE: $65 per hour (or portion thereof) per deputy marshal The US Marshal determines the number of deputies required based on safety and security requirements. Requestors will only be charged for the number of deputies required. MILEAGE FEE: .56 per mile The US Marshal will attempt to serve multiple parties in the same request on one trip in order to minimize the mileage fee. Ex: If three parties are to be served in a single case and all three live at the same location 55 miles away, the mileage fee would be $30.80 (55 miles x .56). The mileage would only be assessed on one of the parties. If three parties in same case live at different locations five miles apart, the furthest being 20 miles away, a mileage fee of $11.20 on the most remote (20 miles x .56), $2.80 on next party (5 miles x .56) and $2.80 on the final party (5 miles x .56) FORWARDING FEE: $8 If process is to be served in person in another judicial district. This fee is in addition to any service or mileage fees. MAILING FEE: $8 Process that can be served by mail within and without the district. ADMINISTRATIVE (DOCUMENT) FEE: $20 Covers the preparation and publication of documents such as US Marshal Deeds, Bill of Sale, and Notice of Sale LEVIES (Bank Levy, Wage Garnishment) $65 per levy A levy is needed for each Garnishee. Covers administration of a levy regardless of the number of parties to be served. If service is to be made by USMS, service and mileage fees will apply (first hour or portion is included in fee). SEIZURES, WARRANTS OF ARREST IN REM Contact USMS office for information Fees are based on Service Fees (Number of deputies, Number hours, mileage, and other expenses. COPYING FEE: $0.10 per page COMMISSION (Sales) 3% on first $1000 plus 1.5% on the balance. Minimum commission is $100. The Maximum commission is $50,000. EXPENSES Actual Amount Necessary expenses that must be paid in the course of the service of process including: County Clerk-Recorder Filling Fees, Locksmith Services, Storage, Insurance, Keepers/ or Guards, Advertising, etc. 5 Requestors may elect to pay these fees directly. Please consult with the Process Service Unit to verify direct payment of these expenses. 5 Does not include service by US Marshal Service personnel. Service by USMS personnel will be billed at $65/hour per deputy after the first hour plus mileage.