Section § 716.010

Explanation

This law explains how a court order for the sale of someone's property, either real estate or personal items, is carried out. It requires a document called a writ of sale, which should detail the property to be sold and must be accompanied by a certified copy of the judgment. This writ is given to a levying officer, who is responsible for carrying out the sale.

(a)CA Civil Procedure Code § 716.010(a) A judgment for sale of real or personal property may be enforced by a writ of sale issued pursuant to Section 712.010.
(b)CA Civil Procedure Code § 716.010(b) In addition to the information required by Section 712.020, the writ of sale shall contain a description of the property to be sold in satisfaction of the judgment for sale.
(c)CA Civil Procedure Code § 716.010(c) The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale.

Section § 716.020

Explanation

This law explains the steps a levying officer must take to carry out a writ of sale. First, they need to seize the property mentioned in the writ using specific procedures for such actions. Next, unless the court says otherwise, they must notify the sale and conduct it according to certain rules. Finally, the money from selling the property should be used as directed by the court's judgment.

To execute the writ of sale, the levying officer shall:
(a)CA Civil Procedure Code § 716.020(a) Levy upon the property described in the writ of sale in the manner prescribed by Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 for levy under a writ of execution.
(b)CA Civil Procedure Code § 716.020(b) Except as otherwise ordered by the court, give notice of sale and sell the property described in the writ of sale in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 for giving notice and selling under a writ of execution.
(c)CA Civil Procedure Code § 716.020(c) Apply the proceeds of the sale of the property in conformity with the judgment for sale.

Section § 716.030

Explanation

This law explains that if a writ of sale is issued during a legal proceeding, the person owed money (judgment creditor) can ask the court to make the person who owes money (judgment debtor) give certain things to a law enforcement officer. These things include either the physical property that will be sold or any documents proving ownership of that property. Such an order can only be issued if there's a demonstrated need. The judgment debtor must be personally given the order, and the order must warn them that not following it could lead to being punished by the court, possibly by being held in contempt.

(a)CA Civil Procedure Code § 716.030(a) If a writ of sale is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer:
(1)CA Civil Procedure Code § 716.030(a)(1) Possession of the property to be sold if the prescribed method of levy is by taking the property into custody.
(2)CA Civil Procedure Code § 716.030(a)(2) Possession of any documentary evidence of title to property to be sold. An order pursuant to this paragraph may be served when the property is levied upon or thereafter.
(b)CA Civil Procedure Code § 716.030(b) The court may issue an order pursuant to this section upon a showing of need for the order.
(c)CA Civil Procedure Code § 716.030(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.