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Court Services

Judgement Enforcement


  Garnishments - Bank Levy and Third Party Levy Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies.
  • Letter of Instructions – (Link to Form)
    • Must contain an adequate description of the property to be levied upon.
    • Should specify the name, nature, and address of the financial institution or place of business where the property to be seized is located.
    • Must be signed and dated by the judgment creditor’s attorney or judgment creditor (if the judgment creditor does not have an attorney). (Click here to see sample of Letter of Instructions –link to form)
  • Required Fees - $35.00 plus additional deposit for cost that may be incurred to open a safe deposit box. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing a garnishment under a writ of execution is directing the bank or third party who has possession or is in control of the debtor’s personal property to deliver the personal property belonging to the debtor to the Sheriff towards satisfying a money judgment.

Garnishment –Bank and Third Party Levy under a Writ of Execution can be served by a Registered Process Server (RPS). A list of RPS in San Bernardino County may be obtained from the Office of the County Clerk. The RPS must open a file with the San Bernardino County Sheriff’s Civil Office prior to the levy.

Required Documents from RPS (prior to levy):

  • Copy of the Writ of Execution
  • Copy of the Plaintiff’s Instructions
  • Required Fees

Within five (5) days after the RPS serves the levy, the following documents must be returned to the office (CCP 699.080[d]):

  • Original Writ of Execution
  • Original Instructions
  • Affidavit stating the manner of levy performed
  • Proof of service and notice on other persons

  Business Levy (Immediate Demand and "Till Tap" Levy) Under A Writ of Execution

BUSINESS LEVY (IMMEDIATE DEMAND AND “TILL TAP” LEVY) UNDER A WRIT OF EXECUTION

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies.
  • Letter of Instructions – (link to form)
    • Must contain an adequate description of the property to be levied upon.
    • Should specify the name, nature, any possible danger, and address of the debtor’s business.
    • Should also contain the name and address of the business owner(s) to be served and must be signed and dated by the judgment creditor’s attorney or judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $85.00 plus additional deposit for costs that may be incurred to open cash register. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing “Till Tap” Business Levy under a Writ of Execution is the direct seizure of money from the cash register of a particular business by the levying officer to satisfy a money judgment.


  Business Levy (Keeper) - Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies.
  • Letter of Instructions – (link to form)
    • Must contain an adequate description of the property to be levied upon.
    • Should specify the name, nature, any possible risk, and address of the debtor’s business.
    • Should also contain the name and address of the business owner(s) to be served and must be signed and dated by the judgment creditor’s attorney or judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $205.00 per 8-hour or less, $240.00 for 8-12 hours if keeper installation is served ($30.00 if keeper installation attempted and not served for Sheriff’s cost, and $40.00 for Keeper’s fee). Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Business Levy Keeper under a Writ of Execution is placing a Sheriff’s Keeper in the business of the defendant/judgment debtor to collect sales revenue and proceeds for payment to the judgment creditor. Only transactions with cash or its equivalent are allowed while the business is under levy.


  Personal Property Levy - Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies.
  • Letter of Instructions - (link to form)
    • Provides a specific description of the property to be seized and the address where the property is located. If there is no serial number, license number, or other specific identifier, the plaintiff can instruct the Sheriff to install a keeper to take an inventory of the personal property.
    • The plaintiff’s instructions must be “Levy and Sell”. Personal property held in a private place and in possession of the judgment debtor cannot be seized without a court order to seize personal property unless the judgment debtor voluntarily surrenders the item.
    • If the personal property is a mobile home used as a dwelling, the plaintiff’s instructions should include a “Hold Harmless Statement for Levy on Mobile Home without a Keeper”. (link to form)
    • Must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $1,500.00 deposit for levy fees and costs (CCP 685.100[1]) to be incurred for removing, storing, and selling the property at auction. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Personal Property Levy under a Writ of Execution is seizing the personal property from the judgment debtor and sells the property at a Sheriff’s auction with the proceeds of the sale delivered to the judgment creditor to satisfy a money judgment.

Personal Property may include the following:

  • Tangible personal property owned by the judgment debtor in the judgment debtor’s possession. This would include items such as furniture, fixtures, equipment, tools, machinery, household appliances, signs, leasehold improvements, supplies, leased equipment and any other equipment used in a business or income producing venture;
  • Personal property owned by the judgment debtor in a third parties’ possession;
  • A vehicle or vessel owned by the judgment debtor;
  • The debtor’s interest in personal property of a decedent’s estate; and
  • Intangible personal property which includes accounts receivable, chattel paper, instruments, and negotiable documents of title owned by the judgment debtor.

  Personal Property Levy - Writ of Possession

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies.
  • Letter of Instructions (link to form)
    • Provides a specific description of the property to be seized and the address where the property is located. If there is no serial number, license number, or other specific identifier, the plaintiff can instruct the Sheriff to install a keeper to take an inventory of the personal property.
    • Personal property held in a private place and in possession of the judgment debtor cannot be seized without a court order to seize personal property unless the judgment debtor voluntarily surrenders the item.
    • Must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $1,200.00 deposit for levy fees and costs (CCP 685.100[1]) to be incurred for removing, storing, and selling the property at auction. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Personal Property Levy under a Writ of Possession is removing the personal property from the judgment debtor’s or third party’s possession to take custody of the levied property and deliver the same to the judgment creditor in satisfaction of the judgment.


  Real Property Levy - Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus six copies.
  • Letter of Instructions – (link to form)
    • Direct the levying officer to take action pursuant to the accompanying writ. Phrases that include the words, “levy upon” or “levy and sell”, are sufficient to require the levying officer to act.
    • List the name(s) and last known address(s) of the judgment debtor(s) whose interest in the real property is being levied upon (CCP 700.015[a] and CCP 684.130).
    • List the name(s) and address(es) of any third persons having an interest in the real property.
    • The creditor’s instructions must indicate if the real property is or is not a dwelling.
    • Provide the legal description and if any, the common street address of the property to be levied on. A typical description shall contain the lot, tract, book and page numbers, block, parcel and lot numbers.
    • State the name and addresses of all lien holders.
    • Must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $1,200.00 deposit for levy (CCP 685.100[1] and a check made payable to the County Recorder’s Office in the amount “Not to exceed $75.00”. Check must be left blank with letter “NTE $75.00” in parenthesis right beneath the amount space or/and beneath the amount in words space. Additional fees may be required for any other services needed to execute the levy. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Real Property Levy under a Writ of Execution is to record the writ and notice of levy with the county recorder where the property is located. The recording of the levy creates a judicial lien on the property which commences the process of selling the property at an auction in an execution sale to satisfy a money judgment.

Real estate property includes land, buildings, structures, improvements, and permanent fixtures attached to the land. Also considered real property are mobile homes that are placed upon a permanent enclosed foundation on land owned by the owner of the mobile home. For execution purposes, “real property” means any right in real property, including leasehold of interests (CCP 680.320).

Real Property Levy under a Writ of Execution can be served by a Registered Process Server (RPS). A list of RPS in San Bernardino County may be obtained from the Office of the County Clerk. The RPS must open a file with the San Bernardino County Sheriff’s Civil Office prior to the levy.

Required Documents from RPS (prior to levy):

  • Copy of the Writ of Execution
  • Copy of the Plaintiff’s Instructions
    • Required Fees

Within five (5) days after the RPS serves the levy, the following documents must be returned to the office (CCP 699.080[d]):

  • Original Writ of Execution
  • Original Instructions
  • Affidavit stating the manner of levy performed
    • Proof of service and notice on other persons

  Real Property Levy - Writ of Sale

Requirements:

  • Original Writ of Sale (form EJ-130) plus six copies.
  • Certified copy of the judgment for sale
  • Letter of Instructions (link to form)
    • Direct the levying officer to take action pursuant to the accompanying writ. Phrases that include the words, “levy and sell” are sufficient to require the levying officer to act.
    • List the name(s) and last known address(es) of the judgment debtor(s) whose interest in the real property is being levied upon (CCP 700.015[a] and CCP 684.130).
    • List the name(s) and address(es) of any third persons having an interest in the real property.
    • The creditor’s instructions must indicate if the real property is or not a dwelling.
    • Provide the legal description and if any, the common street address of the property to be levied on. A typical description shall contain the lot, tract, book and page numbers, block, parcel and lot numbers.
    • State the name and address(es) of all lien holders.
    • It must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $1,200.00 deposit for levy (CCP 685.100[1] and a check made payable to the County Recorder’s Office in the amount “Not to exceed $75.00”. Check must be left blank with letter “NTE $75.00” in parenthesis right beneath the amount space or/and beneath the amount in words space. Additional fees may be required for any other services needed to execute the levy. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Real Property Levy under a Writ of Execution is to record the writ and notice of levy with the county recorder where the property is located. The recording of the levy creates a judicial lien on the property which commences the process of selling the property at an auction in an execution sale to satisfy a money judgment.

Real estate property includes land, buildings, structures, improvements, and permanent fixtures attached to the land. Also considered real property are mobile homes that are placed upon a permanent enclosed foundation on land owned by the owner of the mobile home. For execution purposes, “real property” means any right in real property, including leasehold interests (CCP 680.320).

To find the list of Real Property being auctioned, click on the link below: (link to the list of Sheriff’s Real Property Auction)


  Real Property Levy - Writ of Possession (Eviction)

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies
  • Letter of Instructions (link to form)
    • Direct the levying officer to take action pursuant to the accompanying writ. Phrases that include the words, “levy upon” or “enforce the writ”, are sufficient to require the levying officer to act.
    • List the name(s) and last known address(es) of the judgment debtor(s).
    • List the name(s) and telephone number(s) of the plaintiff or the plaintiff’s agent who will take possession of the property once the property has been vacated.
    • Provide the common street address of the property to be levied on. The physical address provided on the instruction should match the address on the writ.
    • Must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney)
  • Required Fees - $125.00. Request for services to multiple addresses requires separate fees for each additional address

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing Real Property Levy under a Writ of Possession is to serve a Notice to Vacate on the tenant(s) and or occupant(s) by the sheriff. The Notice to Vacate under the Writ of Possession informs the tenant to leave the property by the end of five days from the date of service.

The Notice to Vacate under a Writ of Possession orders the sheriff to remove the tenant from the property, but gives the tenant five days from the date the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

If the judgment creditor or his agent failed to show at the scheduled date, time and location of the eviction, the eviction process will be cancelled and eviction will not be re-posted.


  Vehicle Levy - Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies
  • Letter of Instructions (link to form)
    • Provides a specific description of the vehicle to be seized and the address where the property is located. The plaintiff’s instructions must be to “Levy and Sell”. Personal property held in a private place and in possession of the judgment debtor cannot be seized without a court order to seize personal property unless the judgment debtor voluntarily surrenders the item.
    • It must contain the license number, V.I.N. number, and location of the vehicle to be levied upon. If there is no serial number, license number, or other specific identifier, the plaintiff can instruct the Sheriff to install a keeper to take an inventory of the vehicle.
    • It must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).

  • Required Fees - $1,200.00 deposit for levy fees and costs (CCP 685.100[1]) to be incurred for removing, storing, and selling the property at auction. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing a Vehicle or Automobile Levy under a Writ of Execution is to confiscate the vehicle from the judgment debtor and sells the vehicle or automobile at a Sheriff’s auction with the proceeds of the sale delivered to the judgment creditor.


  Wage Garnishment - Writ of Execution

Requirements:

  • Original Writ of Execution (form EJ-130) plus three copies
  • Original Application of Earnings Withholding Order
  • Required Fees - $30.00. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Execution must occur within 180 days from the date the writ was issued.

Method of Levy:
The method of enforcing a Wage Garnishment Levy under a Writ of Execution is to serve the Writ of Execution and the Earnings Withholding Order to the judgment debtor’s employer directing the employer to automatically withhold a portion of the debtor’s wages (typically up to 25% for a money judgment or up to 50% of an order for support) to satisfy a money judgment.

The Writ of Execution must be accompanied by an Earnings Withholding Order to enforce the levy.

Wage Garnishment Levy under a Writ of Execution can be served by a Registered Process Server (RPS). A list of RPS in San Bernardino County may be obtained from the Office of the County Clerk. The RPS must open a file with the San Bernardino County Sheriff’s Civil Office prior to the levy.

Required Documents from RPS (prior to levy):

  • Copy of the Writ of Execution
  • Copy of the Application for Earnings Withholding Order
  • Required Fees

Within five (5) days after the RPS serves the levy, the following documents must be returned to the office (CCP 699.080[d]):

  • Original Writ of Execution
  • Original Application for Earnings Withholding Order

Proof of service and notice on other persons







Pre-Judgment Enforcement


  Business Seizure - Writ of Attachment (Inventory)

Requirements:

  • Original Writ of Attachment (form EJ-130) plus three copies
  • Right to Attach Order plus two copies
  • Notice of Attachment plus two copies
  • Undertaking plus two copies
  • Summons and Complaint (form 928a16) if not served
  • Letter of instructions - (link to form)
    • Must contain a description of the property to be levied upon which describes the property adequately for the sheriff to identify it.
    • The levying officer cannot seize property kept in a private place or in the possession of the defendant without a court order authorizing the seizure.
    • The instructions must include the name and address of any person who is to be served with the attachment process (CCP 488.040).
    • If a copy of the summons and complaint has not previously been served upon the defendant, the instructions shall direct the levying officer to serve the documents at the same time the defendant is served with a copy of the writ (CCP 488.020).
    • Only the property authorized by the attachment law may be levied upon, and the method of levy must be as provided by CCP 488.300-488.485. The determination of the sufficiency of the property levied upon should be left to the plaintiff or the court.
  • Required Fees -- $205.00 per 8-hour or less, $240.00 for 8-12 hours if keeper installation is served ($30.00 if keeper installation attempted and not served for Sheriff's cost, and $40.00 for Keeper's fee). Request for services to multiple addresses requires separate fees for each additional address

Method of Payment:

Payment must be made by cash, cashier's check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time For Service:

Levy under the Writ of Attachment must occur within 60 days from the date it was received (CCP 488.130).

Method of Levy:

The method of enforcing a Going Business Levy (Keeper) under a Writ of Attachment is the installation of a keeper to be in charged of the property attached. During the keeper period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the plaintiff (CCP 488.395[c]).

The period during which the business may continue to operate under a keeper is:

  • Ten days if the defendant is a natural person and the writ of attachment was issued ex parte.
  • Two days in all other circumstances.

Unless some other disposition is agreed upon by the plaintiff and the defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times:

  1. At any time the defendant objects to placement of a keeper in charge of the business.
  2. At the conclusion of the applicable period under which a business may operate under a keeper.

The plaintiff is required to provide additional deposit to cover any costs to be incurred for removing, storing, and taking inventory of the property taken into custody.

The main purpose of attachment is to create a judicial lien on the debtor's attachable property. This protects plaintiff's interest so that final adjudication of the claims in favor of the creditor will be enforceable against the attached property. The plaintiff resort to this statutory remedy to protect their unsecured claims from being subordinated to other consensual or judicial liens imposed on the debtor's property before the creditor obtained a judgment.

Any attachment shall expire three years from the date of issuance under which a levy has been made unless sooner released or discharged or extension was granted.


  Business Levy (Keeper) - Writ of Attachment

Requirements:

  • Original Writ of Attachment (form EJ-130) plus three copies
  • Right to Attach Order plus two copies
  • Notice of Attachment plus two copies
  • Undertaking plus two copies
  • Summons and Complaint (form 928a16) if not served
  • Letter of Instructions - (link to form)
  • Must contain a description of the property to be levied upon which describes the property adequately for the sheriff to identify it.
  • The instructions must include the name and address of any person who is to be served with the attachment process (CCP 488.040).
  • If a copy of the summons and complaint has not previously been served upon the defendant, the instructions shall direct the levying officer to serve the documents at the same time the defendant is served with a copy of the writ (CCP 488.020).
  • Only the property authorized by the attachment law may be levied upon, and the method of levy must be as provided by CCP 488.300-488.485. The determination of the sufficiency of the property levied upon should be left to the plaintiff or the court.
    • Required Fees - $30.00 plus $10.00 check payable to the Secretary of State if documents are less two pages and $20.00 if documents to be filed are more than 3 pages if attached property is equipment or other personal property. If attached property is a vehicle or a vessel, submit check for $15.00 payable to Department of Motor Vehicle. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Attachment must occur within 60 days from the date it was received (CCP 488.130).

Method of Levy:
The method of enforcing a Going Business Levy under a Writ of Attachment is accomplished by filing a notice of lien with the Secretary of State if the attached property is equipment. If the property under levy is a motor vehicle or a vessel, the method of enforcement is filing an attachment lien notice to the Department of Motor Vehicles. The main purpose of attachment is to create a judicial lien on the debtor’s attachable property. This protects plaintiff’s interest so that final adjudication of the claims in favor of the creditor will be enforceable against the attached property. The plaintiff resort to this statutory remedy to protect their unsecured claims from being subordinated to other consensual or judicial liens imposed on the debtor’s property before the creditor obtained a judgment.

Any attachment shall expire three years from the date of issuance under which a levy has been made unless sooner released or discharged or extension was granted.

Going Business under a Writ of Attachment can be served by a Registered Process Server (RPS). A list of RPS in San Bernardino County may be obtained from the Office of the County Clerk. The RPS must open a file with the San Bernardino County Sheriff’s Civil Office prior to the levy.

Required Documents from RPS (prior to levy):

  • Copy of the Writ of Attachment
  • Copy of Right to Attach Order
  • Notice of Attachment
  • Copy of Undertaking
  • Copy of Summons and Complaint, if applicable
  • Copy of the Plaintiff’s Instructions
  • Required Fees

Within five (5) days after the RPS serves the levy, the following documents must be returned to the office (CCP 699.080[d]):

  • Original Writ of Attachment
  • Original Right to Attach Order
  • Original Notice of Attachment
  • Original Undertaking
  • Original Summons and Complaint, if applicable
  • Original Instructions
  • Affidavit stating the manner of levy performed.

Proof of service of a copy of the writ and Notice of Attachment on other persons as required.


  Personal Property Levy - Writ of Possession (Claim and Delivery)

Requirements:
Ex Parte Writ

  • Original Writ of Possession (form CD 130) plus three copies
  • Undertaking for Writ of Possession (if required) plus two copies
  • Summons and Complaint (form 928a16) if not served
  • Application for writ and any affidavits in support thereof
  • Letter of Instructions - (link to form)
  • Identify the action.
  • Be directed to the enforcing officer.
  • Direct the levying officer to take the action desired.
  • Be dated and signed by the plaintiff or his attorney with address and telephone number.
  • Required Fees - $1,200.00 plus any fees on additional documents to be served and deposit to cover any costs to be incurred for removing, storing, and taking inventory of the property taken into custody. Request for services to multiple addresses requires separate fees for each additional address.

Writ Issued After Hearing

  • Original Writ of Possession (form CD 130) plus three copies
  • Undertaking for Writ of Possession (if required) plus two copies
  • Letter of Instructions
  • Identify the action.
  • Be directed to the enforcing officer.
  • Direct the levying officer to take the action desired.
  • Be dated and signed by the plaintiff or his attorney with address and telephone number.
  • Required Fees - $85.00 plus additional deposit to cover any costs to be incurred for removing, storing, and taking inventory of the property taken into custody.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Possession must occur within 60 days from the date after the writ was issued (CCP 514.040).

Method of Levy:
The method of enforcing a Personal Property Levy under the Writ of Possession (Claim and Delivery) is for the levying officer to search and take custody of the specified property from the defendant’s possession or his agent, either by removing the property to a place of safekeeping or by installing a keeper (CCP 514-010[a]). After taking possession of the property, the Sheriff will deliver the property to the plaintiff if the defendant does not file an undertaking for redelivery within 10 days after levy of the writ of possession.

If the specified property is used as a dwelling, such as a mobile home or boat, levy shall be made by placing a keeper in charge of the property for two days, at the plaintiff’s expense and after two days Sheriff shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.

The levying officer cannot seize property kept in a private place or in the possession of the defendant without a court order authorizing the seizure.

  Real Property - Writ of Attachment

Requirements:

  • Original Writ of Attachment (form EJ-130) plus three copies
  • Right to Attach Order plus two copies
  • Notice of Attachment for each person to be served
  • Undertaking plus two copies
  • Summons and Complaint (form 928a16) if not served
  • Letter of Instructions – (link to form)
    • Direct the levying officer to take action pursuant to the accompanying writ. Phrases that include the words, “levy upon” or “enforce the writ”, are sufficient to require the levying officer to act.
    • List the name(s) and last known address(s) of the judgment debtor(s) whose interest in the real property is being levied upon (CCP 700.015[a] and CCP 684.130).
    • List the name(s) and address(s) of any third persons having an interest in the real property.
    • The creditor’s instructions must indicate if the real property is or not a dwelling.
    • Provide the legal description and if any, the common street address of the property to be levied on. A typical description shall contain the lot, tract, book and page numbers, block, parcel and lot numbers.
    • State the name and addresses of all lien holders.
    • It must be signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney).
  • Required Fees - $300.00 deposit plus a check made payable to the County Recorder’s Office in the amount “Not to exceed $75.00”. Check must be left blank with letter “NTE $75.00” in parenthesis right beneath the amount space or/and beneath the amount in words space. Request for services to multiple addresses requires separate fees for each additional address.

Method of Payment:
Payment must be made by cash, cashier’s check, money order or personal/business check. Personal checks must contain the name, address and telephone number of the payer and it must be presented with an acceptable form of identification.

Time for Service:
Levy under the Writ of Attachment must occur within 60 days from the date it was received (CCP 488.130).

Method of Levy:
The method of enforcing a Real Estate Levy under a Writ of Attachment is accomplished by recording the copy of the Writ of Attachment, Notice of Attachment and Right to Attach Order with the County Recorder (CCP 700.015[a]). The main purpose of attachment is to create a judicial lien on the debtor’s attachable property. This protects plaintiff’s interest so that final adjudication of the claims in favor of the creditor will be enforceable against the attached property. The plaintiff resort to this statutory remedy to protect their unsecured claims from being subordinated to other consensual or judicial liens imposed on the debtor’s property before the creditor obtained a judgment.

Any attachment shall expire three years from the date of issuance under which a levy has been made unless sooner released or discharged or an extension is granted.

Real Estate Levy under a Writ of Attachment can be served by a Registered Process Server (RPS). A list of RPS in San Bernardino County may be obtained from the Office of the County Clerk. The RPS must open a file with the San Bernardino County Sheriff’s Civil Office prior to the levy.

Required Documents from RPS (prior to levy):

  • Copy of the Writ of Attachment
  • Copy of Right to Attach Order
  • Copy of Notice of Attachment
  • Copy of Undertaking
  • Copy of Summons and Complaint, if applicable
  • Copy of the Plaintiff’s Instructions
  • Required Fees

Within five (5) days after the RPS serves the levy, the following documents must be returned to the office (CCP 699.080[d]):

  • Original Writ of Attachment
  • Original Right to Attach Order
  • Original Notice of Attachment
  • Original Undertaking
  • Original Summons and Complaint, if applicable
  • Original Instructions
  • Affidavit stating the manner of levy performed.
  • Proof of service of a copy of the writ and Notice of Attachment on other persons as required.

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