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 Sheriff will serve a copy of the writ and notice of levy on
the debtor (or the debtors 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
Sheriffs keeper must be utilized.