After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county
until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.
Enforcement of Nonmoney JudgmentsGeneral Provisions
Section § 712.010
When a court rules that someone must give up or sell a property, the court clerk can issue a document called a 'writ of possession or sale' to enforce this decision. The judgment creditor, the person who won the case, must apply for this and state the property's daily rental value when the related legal complaint was filed. Each county where the decision needs to be enforced gets its own writ. You can keep issuing more writs until the decision is fully enforced, but you have to wait 180 days before issuing a new writ in the same county unless the first one is returned.
judgment for possession writ of possession writ of sale
Section § 712.020
If someone needs to enforce a court order to take possession of property or sell it due to a judgment, they will use a document called a writ. This writ tells the officer involved to carry out the judgment and must include specific details. These details include when the writ was issued, court details, contact information for the creditor and debtor, the judgment's date, and whether it's about money. It also states if anyone asked to be notified about sales related to the judgment and specifies if the case is a small claim or not.
A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment and shall include the following information:
(a)CA Civil Procedure Code § 712.020(a) The date of issuance of the writ.
(b)CA Civil Procedure Code § 712.020(b) The title of the court where the judgment for possession or sale
is entered and the cause and number of the action.
(c)CA Civil Procedure Code § 712.020(c) The name and address of the creditor and the name and last known address of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated.
(d)CA Civil Procedure Code § 712.020(d) The date the judgment was entered, and the date of any subsequent renewals, and where entered in the records of the court.
(e)CA Civil Procedure Code § 712.020(e) If the judgment for possession or sale includes a money judgment, the amount required to satisfy the money judgment on the date the writ is issued, and the amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued may be included on the writ at the option of the creditor.
(f)CA Civil Procedure Code § 712.020(f) Whether any person has requested notice of sale under the
judgment and, if so, the name and address of that person.
(g)CA Civil Procedure Code § 712.020(g) Any other information required to be included in the particular writ.
(h)CA Civil Procedure Code § 712.020(h) A statement indicating whether the case is limited or unlimited.
writ of possession writ of sale levying officer
Section § 712.030
This law outlines the process for executing a court order known as a 'writ of possession or sale,' which allows a court officer, called a levying officer, to take control of or sell property. The officer must follow specific instructions from the person who won the court judgment. Importantly, the officer has a 180-day time limit to act on this writ from when it is issued; after that, they can't seize the property.
(a)CA Civil Procedure Code § 712.030(a) Upon delivery of the writ of possession or sale to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall execute the writ in the manner prescribed by law.
(b)CA Civil Procedure Code § 712.030(b) The levying officer may not levy upon or otherwise seize property under the writ after the expiration of 180 days from the date the writ was issued.
writ of possession writ of sale levying officer
Section § 712.040
This law outlines how a creditor can enforce a judgment to collect money owed. If a writ of possession or sale (a legal order to take or sell property) doesn't cover the full debt, or if the creditor doesn't want such a writ, they can instead use a writ of execution to collect. The law also mentions other legal options for collecting the money owed and states that specific court orders can alter how these judgments are enforced.
(a)CA Civil Procedure Code § 712.040(a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for possession or sale. If amounts due under the judgment are not satisfied pursuant to the writ of possession or sale, the judgment creditor may use a writ of execution to satisfy any money judgment included in the judgment after the writ of possession or sale has been returned or 180 days after its issuance, whichever is earlier. If the judgment creditor does not desire issuance of a writ of possession or sale (because possession has been voluntarily surrendered, the secured obligation has been
voluntarily satisfied, or other reason), a writ of execution may be issued to satisfy any money judgment included in the judgment.
(b)CA Civil Procedure Code § 712.040(b) Whether or not a writ of possession or sale has been issued, enforced, or returned, the judgment creditor may use any available remedies provided by Chapter 5 (commencing with Section 706.010) or Chapter 6 (commencing with Section 708. 010) of Division 2 to satisfy any money judgment included in the judgment.
(c)CA Civil Procedure Code § 712.040(c) Notwithstanding subdivisions (a) and (b), if so ordered in a judgment for sale, a money judgment included in the judgment may only be enforced as ordered by the court.
writ of possession writ of sale writ of execution
Section § 712.050
This law says that when returning a writ of possession or a writ of sale, you need to follow the rules outlined in another section, specifically Section 699.560, which deals with how to return a writ of execution.
The return of a writ of possession or sale is governed by Section 699.560 (return of writ of execution).
writ of possession writ of sale return of writ
Section § 712.060
This law section allows the court to appoint a receiver to help enforce a judgment when someone wins a case requiring possession or sale of property. A receiver is a neutral third party who manages or takes possession of the property to ensure that the court's decision is carried out properly.
The court may appoint a receiver pursuant to Article 7 (commencing with Section 708.610) of Chapter 6 of Division 2 to enforce a judgment for possession or sale of property.
receiver appointment judgment enforcement property possession
Section § 712.070
This law states that you can enforce a judgment against a public entity, like a government agency, unless there's a specific exception mentioned in another law, which is Section 695.050.
Except as provided in Section 695.050, a judgment against a public entity is enforceable under this division.
public entity judgment enforceable judgment government entity
