Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The placement of a keeper in the defendant’s business for an 8-hour period is a relatively inexpensive form of seizure and is particularly useful when used as a "fact-finding mission" to identify equipment and inventory at the defendant’s business. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade unless paid for. The keeper also prepares a written inventory of the property found at the business. If further action is required, the plaintiff may refer to the keeper’s inventory to weigh the feasibility of having the Sheriff seize, move to storage and sell some or all of the inventory. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)