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WRIT OF POSSESSION - PERSONAL PROPERTY (EXECUTION)
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Court Document required Original Writ of Possession (Personal Property) (form EJ-130) plus three copies
Purpose of Process The writ authorizes the Sheriff to seize specific personal property for immediate delivery to the creditor
Sheriff's Instructions Provide a specific description of the property and the address where the property is located. Provide the name and telephone number of a "spotter" who can identify the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions.
Time for Service The writ expires 180 days after the issuance.
Manner of Levy The method of levy is seizure in which the Sheriff seizes the property and immediately gives it to the creditor.
Fee Deposit $85
Fee $85 for the levy; $35 for Not Found or Cancellation; $140 for 8-hour keeper (if applicable)
Proof of Service A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Information Guide
Checklist
Sheriff's Instructions
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Information Guide

A Writ of Possession (Personal Property) authorizes the Sheriff to seize personal property listed on the writ and immediately deliver it to the creditor. The Sheriff cannot accept money from the debtor in lieu of the property because the judgment is for possession (ownership). However, the writ may be used to collect money if the writ specifies a value for the property and the Sheriff cannot find the property. Property that is not in the possession of the debtor cannot be seized.

The Sheriff will schedule a date and time for the levy. The creditor is responsible for arranging for a "spotter" and moving personnel to meet the Sheriff at the address as scheduled. The "spotter" is an agent of the creditor who can identify the property.

The Sheriff will serve a copy of the writ and notice of levy on the debtor (or the debtor’s agent), explain the nature of the levy, demand delivery of the property and maintain the peace while the property is being removed. However, if the property is found to be in a private place the Sheriff cannot seize it without a private place order that was issued pursuant to CCP 699.030 unless the debtor voluntarily agrees to the seizure. Consequently, creditors are strongly advised to obtain a private place order in addition to the writ of execution.

The creditor should contact the Sheriff to ascertain the correct amount of the fee deposit, which may vary depending on whether a Sheriff’s keeper must be utilized.

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Checklist
  • Fee deposit: $85 plus keeper fees (if applicable)
  • Original Writ of Possession (Personal Property) plus three copies
  • Submit to the Sheriff no later than 150 days after issuance of the writ

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