Enforcement of Nonmoney JudgmentsJudgment for Possession of Personal Property

Section § 714.010

Explanation

If a court orders that personal property be returned to someone, this section explains how that order can be carried out. A writ, which is a formal document from the court, will be issued to enforce the judgment. This document must include a description of the property to be returned and its value, if that was part of the original judgment or order.

(a)CA Civil Procedure Code § 714.010(a) A judgment for possession of personal property may be enforced by a writ of possession of personal property issued pursuant to Section 712.010.
(b)CA Civil Procedure Code § 714.010(b) In addition to the information required by Section 712.020, the writ of possession of personal property shall contain the following:
(1)CA Civil Procedure Code § 714.010(b)(1) A description of the property to be delivered to the judgment creditor in satisfaction of the judgment.
(2)CA Civil Procedure Code § 714.010(b)(2) The value of the property if specified in the judgment or a supplemental order.
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Section § 714.020

Explanation

This section explains how to carry out a writ of possession for personal property, which allows a creditor to recover property they're owed. First, an official (the levying officer) will try to find and take the property from the person who owes a debt (the judgment debtor). If the property is a dwelling or is located in a private space, certain rules apply. If the officer can't take the property, they'll ask the debtor to hand it over. If that doesn't work, the officer will note it and the creditor can then pursue it as if they're owed money equal to the property's value.

(a)CA Civil Procedure Code § 714.020(a) To execute the writ of possession of personal property, the levying officer shall search for the property specified in the writ and, if the property is in the possession of the judgment debtor or an agent of the judgment debtor, take custody of the property in the same manner as a levy under a writ of execution on such property in the possession of the judgment debtor. Custody of personal property used as a dwelling shall be taken as provided by Section 700.080. Custody of property in a private place shall be taken as provided by Section 699.030. If the levying officer obtains possession of the property specified in the writ of possession, the levying officer shall deliver the property to the judgment creditor in satisfaction of the judgment.
(b)CA Civil Procedure Code § 714.020(b) If the property specified in the writ of possession cannot be taken into custody, the levying officer shall make a demand upon the judgment debtor for the property if the judgment debtor can be located. If custody of the property is not then obtained, the levying officer shall so state in the return. Thereafter the judgment for the possession of the property may be enforced in the same manner as a money judgment for the value of the property as specified in the judgment or a supplemental order.
(c)CA Civil Procedure Code § 714.020(c) The writ of possession of personal property may, under the circumstances described in subdivision (b), be treated as a writ of execution.
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Section § 714.030

Explanation

If someone wins a court case to get personal property back, they can ask the court to order the other person to give the property or proof of ownership to them. This request might need a formal notice or can be done without if the rules allow it. The court can give this order if there's a good reason, and the person must be personally told they need to comply or might be punished for contempt of court.

(a)CA Civil Procedure Code § 714.030(a) After entry of a judgment for possession of personal property, and whether or not a writ of possession of personal property has been issued, the judgment creditor may apply to the court for an order directing the judgment debtor to transfer possession of the property or documentary evidence of title to the property or both to the judgment creditor. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte.
(b)CA Civil Procedure Code § 714.030(b) The court may issue an order pursuant to this section upon a showing of need for the order.
(c)CA Civil Procedure Code § 714.030(c) The order shall be personally served on the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court.
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