Claim and Delivery of Personal PropertyLevy and Custody

Section § 514.010

Explanation

This law explains what a levying officer must do when they receive a writ of possession, which allows them to take custody of certain property from a defendant. The officer can remove the property or install someone to keep it safe. If the property is used as a home, like a mobile home or boat, they install a keeper for two days before removing any occupants. If the property is in a private location, the officer can announce their purpose and potentially break in to seize the property, but only if it's safe. They can't enter places not mentioned in the court order.

(a)CA Civil Procedure Code § 514.010(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safekeeping or by installing a keeper.
(b)CA Civil Procedure Code § 514.010(b) If the specified property is used as a dwelling, such as a mobilehome or boat, levy shall be made by placing a keeper in charge of the property for two days, at the plaintiff’s expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.
(c)CA Civil Procedure Code § 514.010(c) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the court shall make such orders as may be appropriate.
(d)CA Civil Procedure Code § 514.010(d) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the court.
writ of possession levying officer property custody ...

Section § 514.020

Explanation

When an official takes property for legal reasons, they must give the person holding it some important documents, like a court order and a bond from the person making the claim. If nobody is holding the property at the time, the official must later serve these documents to the person being sued. If the person being sued is already involved in the case, official delivery rules apply. If they aren't involved yet, standard rules for starting a lawsuit apply.

(a)CA Civil Procedure Code § 514.020(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ.
(b)CA Civil Procedure Code § 514.020(b) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached undertaking on the defendant. If the defendant has appeared in the action, service shall be accomplished in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. If the defendant has not appeared in the action, service shall be accomplished in the manner provided for the service of summons and complaint by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5.
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Section § 514.030

Explanation

This law explains what happens to property once a levying officer takes possession of it according to a court order. If no one files a request to get the property back within 10 days, the officer gives it to the person who won the case, once they pay any fees. If someone does file to get the property back and no one objects, the officer will return it to them. If there is an objection, the officer keeps the property until there's a further court decision. If the property is at risk of spoiling or losing value, the court can order it to be sold and hold the money from the sale until the court case is over.

(a)CA Civil Procedure Code § 514.030(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050:
(1)CA Civil Procedure Code § 514.030(a)(1) If notice of the filing of an undertaking for redelivery or notice of objection to the plaintiff’s undertaking is not received by the levying officer within 10 days after levy of the writ of possession, the levying officer shall deliver the property to plaintiff, upon receiving the fees for taking and necessary expenses for keeping the property.
(2)CA Civil Procedure Code § 514.030(a)(2) If notice of the filing of an undertaking for redelivery is received by the levying officer within 10 days after levy of the writ of possession and defendant’s undertaking is not objected to, the levying officer shall redeliver the property to defendant upon expiration of the time to so object, upon receiving the fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff.
(3)CA Civil Procedure Code § 514.030(a)(3) If notice of objection to the plaintiff’s undertaking or notice of the filing of an undertaking for redelivery is received within 10 days after levy of the writ of possession and defendant’s undertaking is objected to, the levying officer shall not deliver or redeliver the property until the time provided in Section 515.030.
(b)CA Civil Procedure Code § 514.030(b) Notwithstanding subdivision (a), where not otherwise provided by contract and where an undertaking for redelivery has not been filed, upon a showing that the property is perishable or will greatly deteriorate or depreciate in value or for some other reason that the interests of the parties will be best served thereby, the court may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action.
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Section § 514.040

Explanation

This law requires a levying officer, who is responsible for executing a writ of possession, to report back to the court with details of their actions within 30 days after enforcing it, but no later than 60 days after the writ was originally issued.

The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued.
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Section § 514.050

Explanation

If someone who is not a party to a legal case claims the property that has been seized, then the same rules and procedures for handling third-party claims in another part of California law will apply.

Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply.
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