Enter the Matrix and levy intangible property like domains USING A THIRD PARTY LEVY WITH A WRIT OF EXECUTION

You’ve obtained a judgment and your debtor has a business website. Can you levy on a domain name? The answer is yes, if the domains registrar has a California agent for service of process. Here’s how:

STEP 1: Figure out who the domain in registered with

There are several tools you can us to accomplish this. I like this one.

STEP 2: Find their agent for service of process

Once you have determined who it is registrered with you need to see if that company has an agent for service of process in California. You can use the California Secretary of State business search to find this information.

STEP 3: Obtain a writ of execution in the county their agent for service of process is located.

A domain is intangible property. You can levy intangible property in California using a writ of execution. Make sure you’ve added all the post judgment costs and interest you are entitled to by filing a memorandum of costs at least 10 days prior to requesting the writ of execution.

STEP 4: Prepare and Submit a third party levy in the county where their agent is located.

In some counties you can prepare the levy and send it to the sheriff for service. In some countines (notably Bay Area counties) the sheriff’s department does not serve levies. In those counties you must open a levy with the sheriff’s office and hire a private process server to actually serve the levy on the domain registrar’s agent. Sacramento county, where a good number of companies have their agent has levy instructions form from the sheriff’s website. You must provide instructions, the writ of execution and the fee for the levy to the sheriff. Each county has different requirements so check with them directly to confirm exactly what you need to submit.

STEP 5: Make arrangements with the registrar to transfer the domain

Once the levy is served on the registrar make contact with them about transferring the domain either for sale or your own use. If the registrar does not respond to the levy further action may be necessary.

Levying intangible property can be challenging. Contact us today if you need help executing on your judgment.