A Writ of Possession (Personal Property) authorizes the Process Server to seize personal property listed on
the writ and immediately deliver it to the creditor. The Process Server cannot accept money from the debtor
in lieu of the property because the judgment is for possession (ownership). However, the writ may be used to
collect money if the writ specifies a value for the property and the Sheriff cannot find the property. Property
that is not in the possession of the debtor cannot be seized.
The Process Server will schedule a date and time for the levy. The creditor is responsible for arranging for a
"spotter" and moving personnel to meet the Process Server at the address as scheduled. The "spotter" is an
agent of the creditor who can identify the property.
The Process Server will serve a copy of the writ and notice of levy on the debtor (or the debtor’s agent),
explain the nature of the levy, demand delivery of the property and maintain the peace while the property is
being removed. However, if the property is found to be in a private place the Process Server cannot seize it
without a private place order that was issued pursuant to CCP 699.030 unless the debtor voluntarily agrees
to the seizure. Consequently, creditors are strongly advised to obtain a private place order in addition to the
writ of execution.
The creditor should contact the Process Server to ascertain the correct amount of the fee deposit, which
may vary depending on whether a Process Server’s keeper must be utilized.
|T. (213) 352-0533
F. (888) 596-4381
M. 3006 S. Vermont Ave. # 241 Los Angeles, CA 90007
|WRIT OF POSSESSION - PERSONAL PROPERTY (EXECUTION) $250.00