Bank levies and wage garnishments do not work on every judgment debtor. A restaurant, salon, bar, retail shop, or repair garage that runs on daily receipts may keep little in any account you can find — the money walks in the front door and out the back the same day. California gives judgment creditors two tools built for exactly this situation: the till tap and the keeper levy. Used at the right moment, they reach cash where it actually lives, and they send a message no demand letter can.
First, the prerequisites: judgment and writ
Both remedies are forms of levy under a writ of execution, so the sequence is fixed. You need a money judgment; you then have the court clerk issue a writ of execution (Code of Civil Procedure § 699.510) directed to the county where the debtor's business operates — one writ per county. With the writ in hand, you deliver written instructions to the levying officer (usually the sheriff's civil division) identifying the business premises and the remedy you want, and you advance the officer's statutory fees. The sheriff, not you or your lawyer, performs the levy. Personal visits to the debtor's shop to demand the register's contents are not an option — that is the sheriff's job, and self-help invites liability.
The till tap: one visit, one register
Under Code of Civil Procedure § 700.070, a levy on money in a cash register or till is made by the levying officer entering the business premises and taking the money found there — the "till tap." The sheriff arrives unannounced during business hours, removes the debtor's cash and checks from the register, gives a receipt, and applies the funds to your judgment after fees. Its virtues are speed and low cost; its limit is that you capture only what happens to be in the drawer at that moment. A till tap on a slow Tuesday morning may net very little. Creditors often use an initial till tap as reconnaissance and pressure: it proves the business location, samples the cash flow, and shows the debtor that the judgment will not be ignored. Repeat till taps are permitted while the writ remains valid, and a second visit at a smarter hour often collects multiples of the first.
The keeper levy: the sheriff stays
A keeper levy under Code of Civil Procedure § 700.060 goes further. The levying officer places a keeper in the business, who remains on the premises and collects the judgment debtor's cash and check proceeds from sales as they arrive for the period specified in your instructions, up to 10 days under the statute. The business may continue to operate; the keeper intercepts the proceeds. You pay the keeper's daily fee in advance, so the economics require judgment: a keeper in a busy restaurant for two or three days can be highly productive, while a keeper in a struggling shop may cost more than it collects. The keeper's presence also exerts enormous practical pressure — many debtors who ignored every letter call to negotiate a payment plan within hours of the keeper's arrival. The keeper levy can also reach the judgment debtor's tangible personal property on the premises, including inventory and equipment, if the creditor's instructions identify that property and the required costs are advanced.
Making these levies actually pay
Execution against a cash business is as much craft as procedure:
- Time the hit. Instruct the sheriff for peak hours — Friday dinner service, the first of the month, event days. Timing is the single biggest driver of recovery.
- Verify the operator. Confirm the entity actually running the register matches your judgment debtor. Cash businesses change names and entities; a levy on the wrong operator collects nothing and creates disputes.
- Use a debtor exam first. A judgment debtor examination can reveal daily volumes, bank habits, and locations, letting you choose between till tap, keeper, and bank levy intelligently.
- Expect third-party claims and exemptions. Spouses, landlords, and secured lenders may assert claims to the funds, and the debtor may claim statutory exemptions. Budget for the follow-through, not just the levy.
- Leverage the pressure. The days after a keeper levy are the best settlement window in the life of most judgments — have your payment terms ready.
Choosing the right enforcement tool, county by county and week by week, is the core of our debt collection practice, and till taps and keepers are among the most underused tools in the kit.
Talk to a California business attorney
If you hold a judgment against a cash-heavy business that ignores every demand, a properly timed till tap or keeper levy may be the fastest route to real money. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — contact us to discuss how the law applies to your exact circumstances. See our full disclaimer.
