Sheriff Real Property Sale 5/26/2022
Click for Notice of Sale and Terms

801 11th Street, Suite 2200
Modesto, CA 95354
Phone: (209) 491-8762
Fax: (209) 491-8766
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Mailing Address:

PO BOX 3288
Modesto, CA 95353

PUBLIC HOURS OF OPERATION

Office: 8:00am to 12:00pm and 1:00pm to 4:00pm
Telephone: 8:00am to 12:00pm and 1:00pm to 4:00pm
Monday – Friday, excluding holidays and weekends

FEE SCHEDULE

FEES FOR SERVICE

The Civil Division will serve within Stanislaus County all court documents and orders required by law. All fees are per service per person. Two defendants equal two services even if they are at the same address, therefore, you would be charged for each service.

MISSION

The Stanislaus County Sheriff's Office Civil Division maintains the goal to serve all received process in a reasonable and timely manner while maintaining an impartial stance between all parties involved or having an interest in a case. The Sheriff provides a cost effective, credible service. However, the case is civil in nature and the Sheriff cannot utilize criminal investigative tactics such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process, therefore we cannot guarantee service.

THE OFFICE

The Stanislaus County Sheriff’s Office Civil Division is comprised of both clerical and sworn staff. Clerical personnel process incoming requests for service, enter them into the civil computer system and distribute process service and enforcement actions to the field deputies for completion. Clerical personnel collect money pursuant to wage garnishments, bank levies and other enforcement actions and distribute it to the judgment creditor(s) or a designee towards satisfying the judgment. Clerical personnel also process claims, stays, exemptions and bankruptcies on civil enforcement actions and communicate with the courts to determine dispositions. Clerical personnel maintain accounting on each Sheriff’s levy file, return writs to the court and distribute proofs of service or service attempt reports to the requester of a service or enforcement action. Clerical personnel also receive inquiries from the public on the status of services and enforcement actions but are strictly prohibited from giving legal advice or referrals to private service providers, such as attorneys or registered process servers.

The Civil Unit sworn staff are dedicated to civil enforcement and process service. Civil Unit sworn personnel perform levies and service of documents. Evictions are generally performed throughout the county on Tuesday, Wednesday and Thursday. They also serve restraining orders and immediate move-out orders, serve civil bench warrants and enforce civil judgments. Enforcement of civil judgments can include the following: levy on and sell personal property to satisfy money judgments, install Sheriff’s Keepers in going businesses to collect proceeds of sales transactions to satisfy money judgments and seizing property and turning it over to the plaintiff in a civil action. If so directed by the court, civil deputies can enter a home or private place to levy on personal property with an entry order issued by the court.

SHERIFF SALES

In addition to the public postings of sale notices, the listing(s) in this link are posted here for informational purposes only. Updates, amendments and cancellations may occur on short notice. For the most current information, please view the posted sale notices on the Sheriff Civil Division’s 1st floor lobby bulletin boards.

CHANGE OF ADDRESS REQUEST

If you are a company or attorney and need to change your address with the Sheriff’s Civil Division, please mail a signed request to change your address on your company letterhead and reference your Levy Officer File number, Court Case number and Case Title. If you are an individual, please fill out the CHANGE OF ADDRESS FORM and mail it to our office with a copy of your driver license.

Links:

Superior Court, Stanislaus County
California Courts, Self-help Center
California Courts, Online Forms

The following material has been prepared by the Stanislaus County Sheriff's Department to clarify some questions concerning Landlord-Tenant disputes. The various steps required to obtain a judgment in court can be complex. It is, therefore, always recommended that an attorney be contacted. No one else is authorized to give legal advice. The Stanislaus Unlawful Detainer section of the Superior Court also provides an advisory clinic to answer questions and give guidance in the process.

ILLEGAL EVICTION
The property owner desiring to recover premises occupied by a tenant must follow certain legal procedures and cannot resort to "self-help."

Superior Court of California County of Stanislaus Landlord / Tenant
Tenant Frequently Asked Questions
Landlord Frequently Asked Questions

789.3 Civil Code
  • A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
  • In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:
    • Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;
    • Remove outside doors or windows; or
    • Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant . . .
Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to . . . (motels or hotels.)
  • Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:
    • Actual damages of the tenant.
    • An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action . . .
TENANT NOTICES
Various types of notices are available at stationary stores. For example, a 3-day notice to pay rent or quit may be used if the tenant is behind on the rent. Or, a 30-day notice to terminate may be appropriate if rent is paid monthly. The proper notice must be legally served on the tenant. The Sheriff may be utilized to serve the notice, but someone other than the Sheriff may serve it. While there are alternative methods of service allowed by law, the notice is generally served personally upon the tenant.

UNLAWFUL DETAINER LAWSUIT
If the tenant refuses to move out under terms of the notice, a complaint must be filed in the proper court for recovery of possession of the premises. This action is termed "Unlawful Detainer."

SUMMONS AND COMPLAINT Unlawful Detainer
After the complaint is filed, the court will issue a summons. A copy of this summons and a copy of the complaint must then be served upon the tenant. The Sheriff, or anyone over the age of 18 and not a party to the action, may serve the summons and complaint.

JUDGMENT
The tenant has a deadline in which to file a written answer with the court. If the tenant files the answer, wanting to contest the case, the court will set a date for trial. If the tenant fails to file an answer to the complaint in the required time, a default judgment may be entered by the court.

WRIT OF EXECUTION (POSSESSION OF REAL PROPERTY)
Once a judgment is rendered, the court may issue a writ of possession (possession of real property). This is the authority upon which forcible eviction of the tenant may be made. ONLY THE SHERIFF MAY ENFORCE THIS WRIT. The original writ, signed instructions by the attorney, or plaintiff if no attorney representing to enforce the writ, property damage waiver and a fee deposit are required.
EVICTION PROCEDURE
The procedure for eviction, once the writ is delivered to the Sheriff for serving, is spelled out in Section 1174 of the Code of Civil Procedure. From the date of service of the writ by the Sheriff, the tenant is given five (5) days to vacate the premises. If the tenant fails to move out within the 5-day period, the Sheriff must conduct a forcible eviction.

Custody of all personal property of the tenant remaining on the premises at the time of forcible eviction is temporarily given to the landlord who must store it in a place of safekeeping. The tenant may redeem the personal property upon payment of reasonable costs of storage. The cost of storage shall be the fair rental value of the space reasonably required for storage for the term of the storage if the landlord stores the personal property on the premises. Claims of Exemption and Third-Party Claims on the defendant's property cannot be filed with the Sheriff.

If the belongings of the tenant are not redeemed within fifteen (15) days, they may be sold at public auction (by the plaintiff) or otherwise disposed of in accordance with Section 1174 of the Code of Civil Procedure. After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant must be paid into the county treasury.

The Sheriff’s Department cannot provide legal advice or stop an eviction. If you received an eviction notice, it is your responsibility to seek legal advice and/or other assistance. Because evictions are time sensitive, it is imperative you seek assistance as soon as possible.


RE-ENTRY AFTER EVICTION
Occasionally, after eviction by virtue of a Writ of Possession (Possession of Real Property), a tenant will decide to return to the premises without permission. The following laws may be enforced against the tenant by the local police department or Sheriff's patrol station.

419 Penal Code
"Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor."

A landlord desiring to take action under the above section should have a copy of the writ under which the eviction was made, and in cases executed by the Sheriff, a copy of the Sheriff's Restoration notice for the property.

602.5 Penal Code
"Every person other than a public officer or employee acting within the course and scope of his employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other such place without consent of the owner, or his agent, or the person in lawful possession thereof, is guilty of a misdemeanor."

1210 Civil Code
"Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, or induces or procures any person not having a right so to do, or aids or abets such a person therein, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. Upon a conviction for contempt the court must immediately issue an alias process, directed to the proper officer, and requiring the officer to restore possession to the party entitled under the original judgment or process . . . "
This section is enforceable only upon the defendants having been found guilty of contempt by the court itself. The plaintiff (landlord) must file a petition with the court, whereupon the defendant (tenant) may be ordered into court for a hearing regarding possible contempt. If found guilty by the court, the other provisions of the section may be carried out.
JUDGE DECIDES
If the judge decides in your favor, the clerk of the court will enter a judgment against the defendant. The defendant should pay the money directly to you.

IF THE DEBT IS PAID
You must file a satisfaction of judgment with the clerk of the court within 15 days after the debt is paid.

IF THE DEBT IS NOT PAID
If the debt is not paid within a few days, make a demand upon the debtor by letter, telephone, or in person. Making a demand could save you time and money.

ORDER FOR APPEARANCE OF JUDGMENT DEBTOR
If you do not know what property the defendant has or where it is located, you should take steps to obtain this information. One way to ascertain the debtor's assets is to obtain an order for appearance of judgment debtor. The order requires the debtor to appear in court to answer questions under oath concerning the debtor's property. If the debtor fails to appear in court, the court may issue a warrant for debtor's arrest. The order is obtained from the court clerk. The Sheriff will attempt to serve the order upon payment of a fee deposit. Refer to the Civil Process page for fee amounts.

WRIT OF EXECUTION
If the judgment debtor does not pay the judgment, you may obtain a writ of execution from the court clerk. The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance.

INSTRUCTIONS TO THE SHERIFF
You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment. You may instruct the Sheriff to levy on property such as wages, bank account, vehicle, place of business or real property.

FEE DEPOSIT
The law requires the Sheriff to charge fees for each levy. You must pay a fee deposit, in advance, from which the Sheriff will deduct fees. Fee deposits range from a few dollars to thousands of dollars to levy on a business. In addition to the Sheriff's levy fee, other costs may include charges for moving and storage, towing, recording, publishing in a newspaper, and keepers. Any unused portion of the fee deposit will be refunded. Sheriff fees are added to your judgment and increases the amount the debtor must pay to fully satisfy the case.

EARNINGS WITHHOLDING ORDER
To levy on the debtor's wages, you must give the Sheriff a completed application for earnings withholding order, the writ of execution, and proper fee deposit. The employer is required to remit up to 25% of the debtor's disposable (net) wages to the Sheriff(nonsupport judgments). The withholding period begins 10 days after the earnings withholding order is served and continues for up to 10 years. Within 15 days after service of the order, the employer is also required to mail a completed employer's return to the Sheriff indicating the status and income of the defendant. A copy of the employer's return will be mailed to you.

WAGE LEVIES
All wage levies are served by certified mail. When a wage levy is served the employer has 15 days to send us an answer stating whether they are or are not going to honour the levy. Please allow at least 30 days for receipt of your copy. If the creditor does not receive an answer from the employer, the creditor should contact the employer, not the Sheriff. The employer is not to withhold any monies prior to ten days after the levy. After the 10 days have expired, they are to withhold funds from the next pay check and forward them to the Sheriff It is not unusual for it to take at least 60 days for the creditor to receive the first payment from the Sheriff The employer is to withhold funds and forward them to the Sheriff until the levy has been satisfied or released. To release a levy, we will need a letter from the attorney or plaintiff, if there is no attorney or an order from the court. The Sheriff's fee is automatically added to the levy.

BANK GARNISHMENT
To levy on (garnish) a bank account, you must give the Sheriff signed written instructions indicating the name and address of the bank (cross streets are unacceptable), the account number (if known) and the Debtors name and last known address, as well as the original writ of execution, and proper fee deposit. Within 10 days after service of the garnishment, the bank is required to remit any money in the account at the time of levy, up to the amount of your judgment plus costs, to the Sheriff. The bank is also required to mail to the Sheriff a completed memorandum of garnishee indicating the status of the account. A copy of the memorandum will be mailed to you.

BANK LEVIES
Bank levies are valid only for the monies that are in the bank account at the moment the bank receives the levy. The bank will send us an answer, in approximately 10 days, stating the amount of funds, if any, that were withheld. We will send the creditor a copy of that answer. If you do not receive a copy of the answer within approximately 30 days, please contact the bank, not the Sheriff. The Sheriff's fee is automatically added to the levy.

BUSINESS LEVY
To levy on (garnish) a business, you must give the Sheriff signed written instructions indicating the name and address of the business (cross streets are unacceptable, the writ of execution, and proper fee deposit. You may instruct the Sheriff to seize money in the cash register (till tap) at the debtor's place of business at the time of levy. You may instruct the Sheriff to place a keeper in the debtor's place of business for a period of time. The keeper will collect all money received by the business and prevent the removal of equipment or inventory. You may instruct the Sheriff to seize and sell the debtor's personal property (equipment and inventory) at the debtor's business. A keeper may be installed to collect money and prevent the removal of any property until the property is moved to storage. After giving 10 days’ notice of sale, the property will be sold at public auction.

REAL ESTATE LEVY
To levy on real property, contact the Sheriff’s Civil Division. Real estate levies can be complex. It is recommended you hire an attorney who is familiar with the sale of Real Property to collect debt.

THIRD PARTY CLAIMS
Before instructing the Sheriff to levy on property, you should try to determine if it is wholly or partially owned by someone else. For instance, a bank may be the legal owner of a vehicle. If so, the bank may file a third party claim demanding payment of the amount owed on the vehicle. You will be notified of the third-party claim and given the opportunity to pay the third party or post a bond. If you do not, the property will be released to the debtor.

CLAIM OF EXEMPTION
The debtor may claim that the property is exempt for a variety of reasons. The Sheriff will notify you if a claim of exemption is filed. If you do not oppose the exemption, the property will be released.

ABSTRACT OF JUDGMENT
You may place a lien on the debtor's real property by recording an abstract of judgment with the County Recorder. The abstract of judgment is issued by the court clerk. The County Recorder will charge a recording fee. The Sheriff does not record abstracts of judgment with the County Recorder.

MONIES COLLECTED
All monies collected by the Sheriff are held for 15 days after being deposited. Money is then disbursed by the Sheriff. Any inquiries regarding the payment of money must be directed to the Sheriff's Department Civil Division.

LEGAL NAME OF DEBTOR
The Sheriff cannot levy on a debtor's property unless the debtor is properly named. The legal name of the debtor is very important. For instance, a fictitious business name (dba) is purely descriptive and is not a legal name. If the writ of execution lists the debtor as "John Smith dba Smith Plumbing," the legal name of the debtor is John Smith, not Smith Plumbing. . If the debtor is not a natural person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.
Although the Sheriff cannot give legal advice, we can inform you of our procedures and policies concerning the service and execution of civil process. You may also wish to contact an attorney or the Courts Advisory Clinic, if they have one.
The law requires the Sheriff to charge fees of various amounts, depending on the type of civil process. The fees for most types of service are listed in the current Fee Schedule
At this time, certain legal constraints and technological obstacles prevent the Sheriff from accepting fees and civil process by electronic transmission.
The Sheriff cannot guarantee when or if service will be made, however, most types of process must be served within certain legal time limits. If personal service is legally required, the Sheriff will make various attempts to serve your process. A high volume of process and/or a shortage of personnel may hamper our efforts to expeditiously serve your process. Consequently, we ask that you give us your process as soon as possible. With the exception of certain domestic violence cases, we generally do not attach a higher priority to any particular type of process. We understand that every case is a personal priority to the concerned litigants and try to manage our office efficiently to provide the best service possible using available resources.
The Sheriff's fees are established by statute. The Sheriff must charge a fee not only for service but also for a Not Found or Cancellation. A Not Found fee is charged if the person cannot be served at the given address. For example, a Not Found fee is charged if the process cannot be served at an address because the person no longer works or lives there. A Cancellation fee is charged if you want to cancel the service after it has been received into our system.
If you are entitled to a refund or other payment from the Sheriff, the Sheriff will mail you a warrant (check). Please direct all inquiries to the Sheriff’s Department Civil Division.

DISBURSEMENT OF FUNDS
Monies received by the Sheriff, from a levy, are held for at least 15 days before being released to the judgment creditor or refunded to the judgment debtor. This is a policy of the Stanislaus County Sheriff's Department.
Much of the law concerning the service and execution of civil process is covered in the Code of Civil Procedure (CCP). Process brought to the Sheriff for service must be valid on its face, issued by a competent authority and accompanied by adequate legal instructions. The instructions must indicate the process to be served, the person or entity to be served, the location for service and be signed by the attorney of the party or by the party, if he has no attorney. Instruction forms for specific types of levies and service requests are available on the Civil Process page. Also, there are usually time restrictions regarding the service and enforcement of various types of civil process. The fees for service of process are set in accordance with the California Government Code, 26720 et. seq. Many types of civil process can be served by anyone over the age of 18 who is not a party to the action or by a registered process server. Registered Process Servers may be found in the telephone yellow pages under process server, registered process server or attorney service.
As local rules and rules of court change from state to state, we ask that you look over our Requirements for Service of Out of State Documents instructional form and provide us with as much pertinent information as possible in order for us to serve your documents in a manner that will be valid in your state. Important information that is pertinent for a successful service includes:
  • When the service must be served by,
  • Can the service be sub served or does it have to be personally served,
  • Does your state require a notarized proof of service?
SALES
There is no mailing list for auctions. The sale notices are posted on the bulletin boards in the Civil Division Lobby, at the "I" Street basement of the Courthouse in Modesto and in the 1010 10th Street County Administration Building. For sales of personal property, an additional notice may be posted at the storage facility where the sale is to take place. Updates, amendments and cancellations may occur on short notice. Real property sales are also published in the Modesto Bee. Personal property may be viewed approximately 20 minutes prior to the sale unless otherwise noted. Real property cannot be shown.

To bid on personal property at a Sheriff's Sale, including vehicle levies, you will need $2500 or 10% of the bid, whichever is greater. For real property you will need $5000 or 10% of the bid, whichever is greater. If you are bidding less than $2500 on personal property or $5000 on real property, we will need the full amount. Payment must be made immediately upon the acceptance of the bid and must be paid with either cash or cashier’s check made payable to the Sheriff. We cannot accept personal or business checks. If you pay the 10% deposit, you have 10 days to pay the balance plus any daily interest, also in cash or with a cashier’s check.

Please see the attached SHERIFF SALE TERMS for additional information regarding the terms and conditions of our sales.

INTRODUCTION

The Civil Division provides a variety of Civil process which includes summons and complaints, small claims documents for a civil lawsuit, restraining orders, bench warrants and any other notice or order from the courts. We also levy on wages, bank accounts, vehicles or any asset of the judgment debtor including real property. Service documents are received at our office listed above in person or by mail. The normal hours for serving documents are Monday through Friday from 8:00am to 4:00pm, excluding Holidays. Night service is performed approximately once every two weeks. If you need your documents served in the evening or on weekends, we recommend that you contact a private process server.
Service documents are received at our office listed above in person or by mail. Please write down the Sheriff’s levy file number, which is assigned to your service request, upon opening a file with our office. Having the Sheriff’s levy file will facilitate future inquiries with Civil Division staff about the status of your service request.
Information Guides and Sheriff's Instructions forms are provided below for most types of process service and enforcement actions to better inform the public of our policies and procedures. However, please be aware that only an attorney is allowed to give legal advice, not the Sheriff.

Sheriff is required by law to charge fees for most civil process actions. You must pay the fee deposit, in advance, which ranges from thirty-five dollars for a typical service to thousands of dollars to levy on a business. The fee and fee deposit are listed in the Information Guides for each type of process service and enforcement action. In addition to the Sheriff's levy fee, other costs may be required. These fees include charges for moving and storage, towing, recording, publishing in a newspaper, and keepers. Any unused portion of the fee deposit is refunded. Sheriff fees are added to the judgment and increases the amount the debtor must pay to fully satisfy the case. In most cases the Sheriff is entitled to their fee whether the service/levy is successful or unsuccessful pursuant to Govt. Code 26736 and Govt. Code 26738.
Signed instructions directing the Sheriff to serve process or perform an enforcement action are required. The instructions must be signed by your attorney or by you, if you don't have an attorney. A Sheriff's Instructions form accompanies the Information Guide for each type of process or enforcement action. If you do not find the type of process or enforcement action listed, you may click Non writ Service of Process Instruction Form. The Sheriff's Instructions form requires Adobe Acrobat Reader. Click here to download the free Acrobat Reader from Adobe.
In order to serve civil process, we must have original signed instructions. Faxed or emailed instructions will not be accepted. For a complete list of all Civil Instruction forms click Civil Forms. All documents must be received in our office a minimum of 10 days prior to the last day for service, absent extenuating circumstances.
It is necessary to have a properly identified person on the writ for the Sheriff to perform any type of levy. If the debtor is not a natural person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.
Court Document Required

Original Writ of Execution-Money Judgment (form EJ-130); IF APPLICABLE: spousal affidavit (original); fictitious business name statement (one certified copy); affidavit of identity; court order authorizing a levy on a third person’s bank account (original); application for writ of execution.

Purpose of Process

The writ authorizes the Sheriff to serve a garnishment on the debtor’s bank. The bank is required to remit monies from the debtor’s account to the Sheriff or explain why funds will not be remitted.

Sheriff's Instructions

Specify the name and physical address of the branch of the financial institution (bank, credit union, etc.) where the debtor’s account is located. Specify the name of the debtor whose account is to be garnished and any account information. Reference any additional document (affidavit of identity, spousal affidavit, fictitious business name statements court order to levy on a third party’s account.) The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance and must be served prior to expiration.

Method of Levy

Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the financial institution. A copy of the writ, notice of levy and a list of exemptions are mailed to the debtor at the last known address. The bank is required to remit funds to the Sheriff or explain in the memorandum of garnishee any reason for not remitting funds.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a copy of the memorandum of garnishee is forwarded to the creditor/attorney after receipt by our office.

Checklist

  • Proper fee deposit.
  • Sheriff Instructions.
  • Original Writ of Execution-Money Judgment (form EJ-130) issued by the Court.
  • Electronic Writ of Declaration (if applicable).
  • Original and two copies of any spousal affidavit (if applicable).
  • One certified copy of an unexpired fictitious business name statement plus two copies (if applicable).
  • Three copies of an affidavit of identity (if applicable).
  • Original and two copies of a court order authorizing a levy on a third person’s bank account (if applicable).
  • One copy of the application for writ of execution (if applicable).

Information Guide

The creditor may instruct the Sheriff to levy on a judgment debtor's deposit account at a financial institution (bank, savings and loan, credit union) pursuant to a writ of execution (money judgment). A deposit account standing only in the name of the debtor or a joint account shared by the debtor and another person is subject to levy. Bank levies are valid only for the monies that are in the bank account at the moment the bank receives the levy. The bank will send us an answer, in approximately 10 days, stating the amount of funds, if any, that were withheld. We will send the creditor a copy of that answer. If you do not receive a copy of the answer within approximately 30 days, please contact the bank, not the Sheriff. The Sheriff's fee is automatically added to the levy.

If the account is a joint account standing in the name of the debtor and someone who is not a debtor, the bank will provide the name and address of the third party in the memorandum of garnishee. The Sheriff will notify the third party and wait 15 days after service for the third party to contest the levy. If the third party takes no action within the 15-day period after service, the Sheriff will mail a notice to the bank directing the bank to remit the funds to the Sheriff.

A court order is required if the account stands in the name of a third party and is not shared with the debtor, unless the third party is a spouse.

A spousal affidavit is required to levy on an account standing in the name of a spouse who is not a named debtor, unless the account is shared with the debtor.

An unexpired, certified copy of a fictitious business name statement is required to levy on an account standing in the name of a fictitious business, e.g., John Smith dba Smith Enterprises. However, all parties listed as registrants in the fictitious business name statement must be either a debtor or the spouse of a debtor. The Sheriff cannot serve the garnishment if one of the registrants is not a debtor or spouse.

An affidavit of identity is required if the account stands in an alias name of the debtor that was added by the court when the clerk issued the writ.

A memorandum of garnishee that indicates the debtor’s account is direct deposit social security or public benefits account operates as an automatic claim of exemption. The Sheriff will mail the memorandum together with instructions on how to oppose the exemption to the creditor. If the creditor does not timely oppose the exemption, the Sheriff must release the levy.

Court Document Required

There is not a Judicial Council Form for a Bench Warrant, however, Stanislaus County Courts have an adopted Local Court Form. The Bench Warrant must include the Code of Civil Procedures section which the respondent is going to be arrested under.

BENCH WARRANTS MUST COME DIRECTLY FROM THE COURT OR A SISTER COUNTY SHERIFF DEPARTMENT TO THE SHERIFF.

Purpose of Process

Notifies respondent of a hearing concerning their failure to appear pursuant to a subpoena or order or for failure to attend a hearing as a witness.

Sheriff's Instructions

Provide the name, address and complete description of the person to be served. Must be signed and dated by the petitioner’s attorney, or the petitioner if the petitioner doesn’t have an attorney (Instructions to Serve Civil Bench Warrant Form). Give the signed instructions for the Sheriff and the proper fee to the court to be forwarded directly to the Sheriff’s Office.

Time for Service

Most Bench Warrants will have an expiration date and can be served any time prior to expiration.

Manner of Service

Personal Service

Fee

Fees are dependent upon the code section of arrest. See Fee Schedule

Proof of Service

If service is made, a proof of service is sent to the issuing court along with the original Bench Warrant and a copy of the proof of service is sent to the Requestor. If service is not made, the Bench Warrant and a proof of not found/no service explaining the reason for non-service are mailed to the court of issuance and a copy of the proof of not found service is mailed to the Requestor.

Checklist

  • Proper fee deposit
  • Original Bench Warrant
  • Sheriff's Instructions

Information Guide

In a civil law action, the court can issue a Bench Warrant pursuant to various Codes of Civil Procedure. A person may not be arrested and imprisoned for a civil debt or tort. However, a person is subject to arrest for disobeying a court order or subpoena. The most commonly issued bench warrant is issued pursuant to CCP 1993. A chief characteristic of a Warrant issued pursuant to 1993 CCP is a determination by the Court of the immediacy to produce the arrestee in Court to testify or comply with a Court order. The Court will not even Order the issuance of the Warrant for a Witness without leave to release the Person on a promise to appear unless it determines that the person's immediate presence is required. 1993 (2)(2) CCP When a respondent is served with a CCP 1993 bench warrant, they are given a Promise to Appear and a court date is assigned. The requestor is given the court information on the proof of service provided by the Sheriff.

The Sheriff will make various attempts to serve the process at various times during normal business hours. After the respondent is served, the Sheriff will mail a proof of service to the Requestor and send a proof of service with the original Bench Warrant to the court. If service has not been made, the original Bench Warrant will be returned to the court together with a proof of not found/no service detailing the reasons for non-service.

Court Document Required

Original Writ of Attachment (form AT 135); copy of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.) and Undertaking; copy of the summons and complaint (form 982a16) if the Writ is issued ex parte, if not already served. If the Summons and Complaint is served by someone else, it needs to be indicated on the letter of instructions.

Purpose of Process

A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory. The inventory is moved to storage after two days if the defendant is not a natural person (corporation, partnership, etc.) or 10 days if the defendant is a natural person. The Sheriff holds the property and cash proceeds until the lawsuit is adjudicated.

Sheriff's Instructions

Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff’s instructions.

Time for Service

The Writ of Attachment expires 60 days after receipt by the Sheriff.

Method of Levy

The method of levy is seizure by placing a keeper at the business, collecting cash proceeds and storing the property until the case is adjudicated.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Checklist

  • Proper fee deposit
  • Original Writ of Attachment
  • Copy of the order for issuance of writ
  • Undertaking
  • Copy of summons and complaint (if not previously served)
  • Sheriff’s Instructions

Information Guide

Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The Sheriff places a keeper (custodian) in the business to collect sales proceeds, to prevent the removal of any stock-in-trade and to prepare an inventory. The property is moved to storage at the end of 2 days (if the defendant is a natural person, corporation, partnership, LLC, etc.) or 10 days (if the defendant is a natural person and the writ is issued ex parte). The Sheriff holds all monies and property pending the outcome of the lawsuit. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.

If the Sheriff determines that the property to be seized is the possession of a third party and not in the possession of the defendant, it will not be seized.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons.

Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte).

The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the number of keepers utilized and the duration of the levy. The plaintiff should call the Sheriff to determine the levy fee amount. The advanced fee deposit is the total of the Sheriff’s levy fees plus the estimated costs for moving and storage.

Court Document Required

AFTER HEARING - Original After Hearing Writ of Possession - Claim and Delivery (form CD-130); Copy of the Order for Writ of Possession (form CD-120); Copy of the undertaking (if no undertaking is required it must be indicated in the order the amount of the defendants undertaking required to release the property CCP 510.010).

EX PARTE - Original Ex Parte Writ of Possession - Claim and Delivery (form CD-130); Copy of the Order for Writ of Possession (form CD-120); Copy of the undertaking; Copy of the Notice of Application for Writ of Possession and Hearing (form CD-110); Copy of the Application for Writ of Possession (form CD-100); Copy of any affidavits in support; Copy of the summons and complaint (if not previously served).

Purpose of Process

The Writ of Possession (Claim and Delivery) directs the Sheriff to seize and store the property for 10 days. If the defendant does not post a redelivery bond, the property is transferred to the plaintiff.

Sheriff's Instructions

Describe the property and specify the address where it is located. Indicate whether the defendant has appeared in the action (ex parte writ only). The plaintiff’s attorney, or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

The writ expires 60 days after issuance.

Method of Levy

The method of levy is seizure in which the Sheriff seizes the property from the possession of the defendant and stores it for 10 days before turning over to the creditor or their agent.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Checklist

  • Proper free deposit
  • Sheriff's Instructions
  • AFTER HEARING
    • Original After Hearing Writ of Possession - Claim and Delivery (form CD-130),
    • Copy of the Order for Writ of Possession (form CD-120),
    • Copy of the undertaking (if no undertaking is required it must be indicated in the order the amount of the defendants undertaking required to release the property CCP 510.010).
  • EX PARTE
    • Original Ex Parte Writ of Possession - Claim and Delivery (form CD-130),
    • Copy of the Order for Writ of Possession (form CD-120),
    • Copy of the undertaking,
    • Copy of the Notice of Application for Writ of Possession and Hearing (form CD-110),
    • Copy of the Application for Writ of Possession (form CD-100).
    • Copy of any affidavits in support.
    • Copy of the summons and complaint (if not previously served).

Information Guide

In a claim and delivery action the lawsuit is for ownership of personal property. A writ of possession (claim and delivery) directs the Sheriff to seize the property and store it for 10 days. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of the writ. However, the court may issue a writ of possession ex parte without notice to the defendant under certain circumstances. Usually, the court requires the plaintiff to post an undertaking to protect (indemnify) the defendant from a wrongful seizure. If the defendant does not post a redelivery bond protecting (indemnifying) the plaintiff within the 10-day period, the Sheriff will deliver the property to the plaintiff, who must hold it until a judgment is rendered in the lawsuit.

Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

The Sheriff must serve copies of the writ and other court documents on the defendant. If the writ of possession was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must indicate whether the defendant appeared in the action if the writ was issued ex parte.

The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the need to utilize a keeper while the property is being removed. The plaintiff should call the Sheriff to determine the levy fee amount. The advanced fee deposit is the total of the Sheriff’s levy fees plus the estimated costs for moving and storage.

If the Order for Issuance of the Writ includes an order directing transfer and the property is not at the location, the Sheriff will personally serve the order on the defendant. The Order directing transfer commands the defendant to surrender the property directly to the plaintiff and is used as an aid, not a substitute for seizure by the Sheriff. Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

Court Document Required

Original Writ of Execution (Money Judgment) (form EJ-130) ; Application for Earnings Withholding Order (form WG-001); Confidential Statement of Judgment Debtor’s Social Security Number (form WG-035); If necessary Application for Issuance of Writ of Execution (support writ only)

Purpose of Process

The employer is required to remit up to 25% of the debtor’s disposable earnings to the Sheriff for payment to the creditor. If the writ of execution is for support, the amount withheld will be up to 50%. The actual amount and % will be based on the amount of disposable income.

Sheriff's Instructions

None. The Application for Earnings Withholding Order is required instead. If you know the debtors social security number, you must complete and attach the Confidential Statement of Judgment Debtor’s Social Security Number (Form WG-035). If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The Earnings Withholding Order remains in effect until fully satisfied, released, is determined to be ineffective or 10 years from the judgment date or renewal of judgment whichever comes first and must be served no later than 180 days after the issuance of the Writ of Execution. If for support, the withholding order remains in effect until it is paid in full.

Manner of Service

All services must be made at a physical address within Stanislaus County with the exception of Federal employees. The Sheriff will serve the Earnings Withholding Order by First Class Mail unless personal service is requested. Mailed services are deemed served upon the date received by the employer as stated on the Employer Return. If the Employer Return is not received from the employer within 15 days after mailing, the Sheriff will attempt personal service. Only Federal Government employees may be served at a P.O. Box located out of state, if we do not receive the certified mail return receipt from the Federal employer, we will not attempt personal service. The vast majority of withholding orders are successfully served by mail.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Checklist

  • Proper fee deposit
  • Original Writ of Execution (Money Judgment)
  • Electronic Writ Declaration if applicable
  • Original Application for Earnings Withholding Order
  • Copy of Application for Issuance of Writ of Execution (support writ only)
  • Submit to the Sheriff no later than 150 days after issuance of the Writ of Execution

Information Guide

An Earnings Withholding Order (wage garnishment) requires an employer to withhold and remit up to 25% of the debtor’s disposable earnings (net income) to the Sheriff for payment to the creditor. The withholding amount is up to 50% if the writ is for spousal or child support. The Earnings Withholding Order remains in effect until the judgment is paid, the debtor ceases to work for that employer and no monies are , a higher priority Earnings Withholding Order takes effect (such as an Earnings Withholding Order for child support) or the Order is terminated by operation of law (court order, failure to file Opposition to Claim of Exemption or Expiration of Judgment.) If the earnings withholding order is not for spousal or child support, the debtor may file a claim of exemption with the Sheriff in an attempt to terminate the wage garnishment or to reduce the withholding amount. The Sheriff will mail a copy of any claim of exemption and instructions on how to oppose the claim to the creditor. The wages of a spouse not listed as a debtor on the writ of execution may only be garnished pursuant to a court order.

The Earnings Withholding Order includes a warning to the employer stating, "It is illegal not to pay amounts withheld for the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the levying officer who will pay the money in accordance with the laws that apply to this case. If you violate any of these laws, you may be held liable to pay civil damages and you may be subject to criminal prosecution." The Sheriff’s responsibilities are limited to serving the earnings withholding order and receiving and disbursing collected monies. The Sheriff cannot call or otherwise attempt to compel an employer to comply with the wage garnishment. CCP 708.21 et seq. provides for a creditor’s lawsuit. CCP 708.120 provides for an order to examine the records of the employer.

Earnings Withholding Order frequently asked questions

Court Document Required

Original Writ of Attachment (form AT 135); Copy of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); Copy of the summons and complaint (form 982a16), if writ issued ex-parte and if not already served and Copy of the undertaking.

Purpose of Process

A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory

Sheriff's Instructions

Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

The Writ of Attachment expires 60 days after receipt by the Sheriff.

Manner of Levy

The method of levy is seizure by placing a Sheriff’s keeper in the defendant’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Checklist

  • Proper fee deposit
  • Original Writ of Attachment (form AT 135)
  • Copy of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.)
  • Copy of Undertaking
  • Copy of the summons and complaint, if not already served.
  • Sheriff’s Instructions

Information Guide

Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated or 3 years whichever comes first (CCP 488.510). Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The placement of a keeper in the defendant’s business for an 8-hour period is a relatively inexpensive form of seizure and is particularly useful when used as a "fact-finding mission" to identify equipment and inventory at the defendant’s business. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade unless paid for. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)

Court Document Required

Original Writ of Execution (Money Judgment) (form EJ-130)

Purpose of Process

The writ authorizes Sheriff to seize the debtor’s property to satisfy a money judgment

Sheriff's Instructions

Specify the name and address of debtor’s business. Must be signed and dated by the creditor’s attorney, or the creditor if the creditor doesn’t have an attorney. Sheriff's Instructions Form. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance.

Manner of Levy

The method of levy is seizure by placing a Sheriff’s keeper in the debtor’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Checklist

  • Proper fee deposit
  • Original Writ of Execution (Money Judgment)
  • Electronic Writ Declaration if applicable
  • Sheriff’s Instructions
  • Submit to the Sheriff no later than 120 days after issuance of the Writ of Execution

Information Guide

Seizure is the method of levy for personal property in the possession of the debtor. If the debtor has a business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively inexpensive form of seizure. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade or equipment unless paid for.

The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation, partnership, etc.) If an exemption is filed, the Sheriff will mail a copy of the claim and instructions for opposing the exemption to the creditor.

Property belonging to the debtor that is not in the possession of the debtor must be garnished and cannot be seized. A keeper levy cannot be made if the Sheriff determines that the business is not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because the corporation is not a named debtor. The wages owed to John Smith by the corporation may be levied by garnishment (earnings withholding order.)

Court Document Required

Notice of Hearing (form DV-109) Temporary Restraining Order (form DV-110), Request for Order (form DV-100), Description of Abuse (form DV-101) Blank Answer to Temporary Restraining Order (form DV-120) any other documents listed in the Notice of Hearing and one copy of Request and Order for Free Service of Restraining Order if documents were issued from Stanislaus County Courts.

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER PERSON)

Purpose of Process

Notifies respondent of a hearing concerning various issues and restrains certain activities and conduct of the respondent until the hearing

Sheriff's Instructions

Provide the name and address of the person to be served; list all documents to be served. The petitioner's attorney or the petitioner (if the petitioner doesn't have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

The NOH/TRO must be served five days before the hearing date unless the time is shortened by the court.

Manner of Service

Personal Service

Fee

None - Provide copy of the Request and Order for Free Service of Restraining Order if documents were issued from Stanislaus County Courts.

Proof of Service

If service is made, a proof of service is sent to court and proof of service is mailed to the requestor. If service is not made, the NOH/TRO and a proof of not found/no service explaining the reason for non-service are mailed to the requestor.

Checklist

  • Notice of Hearing (form DV-109) 1 Copy
  • Temporary Restraining Order (form DV-110) 1 Copy
  • Request for Order (form DV-1001 Copy
  • Description of Abuse (form DV-101) 1 Copy
  • Blank Answer to Temporary Restraining Order (form DV-120) 1 Copy
  • Any other documents listed in the Notice of Hearing 1 Copy
  • Sheriff’s Instructions

Information Guide

The Domestic Violence Act is designed to curb violence and sexual abuse by separating the parties and restraining certain activities and conduct. The Act protects a spouse, former spouse, cohabitant, relative, child and a person with a dating relationship to the restrained person. The petitioner may petition the court for a notice of hearing and temporary restraining order to protect people and property. The notice of hearing (NOH) is a notice of motion advising the respondent to appear at a hearing to determine whether a long-term injunction prohibiting certain activities should be issued. The temporary restraining order (TRO) restrains the respondent from certain activities and types of conduct for a limited period of time. If the TRO includes a removal order, the Sheriff will immediately move the respondent from the address and allow the respondent to take only personal clothing and effects needed until the hearing. The NOH/TRO should be given to the Sheriff without delay because any restraining orders must be entered in the Domestic Violence Restraining Order System (DVROS).

The NOH/TRO must be served five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH/TRO without charge. If the NOH/TRO is served by someone other than the Sheriff, you or the person who served the documents must file the proof of service with the court. The respondent is subject to immediate arrest for violating the court's orders if DVROS indicates the NOH/TRO has been served.

The Sheriff accords a very high priority to restraining orders involving threatened violence. The Sheriff will make various attempts to serve the process, at various times during normal business hours. After the respondent is served, the Sheriff will mail an Original proof of service to the Court and a copy to the requestor for their records. If service has not been made, the NOH/TRO will be returned to the petitioner together with a proof of not found/no service detailing the reasons for non-service. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Court Document Required

Notice of Hearing (form CH-109); Temporary Restraining Order (form CH-110); Request for Orders to Stop Harassment (form CH-100); blank Answer to Request for Orders to Stop Harassment (form CH-120); any other documents listed in the NOH/TRO.

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER PERSON)

Purpose of Process

Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing

Sheriff's Instructions

Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff's attorney, or the plaintiff if the plaintiff doesn't have an attorney.
Sheriff's Instructions Form

Time for Service

The NOH/TRO must be served at least five days before the hearing, unless shortened by the court

Manner of Service

Personal Service

Fee

See Fee Schedule

Proof of Service

If service is made, a proof of service is sent to court and notice of service is mailed to the requestor. If service is not made, the NOH/TRO and a proof of not found/no service explaining the reason for non-service are mailed to the requestor.

Checklist

  • Proper fee deposit if not waived by the court
  • Notice of Hearing (form CH-109)
  • Temporary Restraining Order (Harassment) (form CH-110)
  • Request for Orders to Stop Harassment (form CH-100)
  • Answer to Request for Orders to Stop Harassment (form CH-120
  • Any other documents listed in the NOH/TRO
  • Sheriff’s Instructions

Information Guide

In a civil harassment case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a Notice of Hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. Notice of Hearing (NOH) is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH/TRO should be given to the Sheriff without delay because any restraining orders must be entered in the Domestic Violence Restraining Order System (DVROS).

The NOH/TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH /TRO without charge if it includes protective orders granted by the court or if a fee waiver has been issued. If the NOH /TRO is served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court's orders if DVROS indicates the NOH /TRO has been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the NOH/TRO is served, the Sheriff will mail an Original proof of service to the court and a copy to the Requestor for their records. If service is not made, the NOH/TRO and a proof of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Court Document Required

Original Writ of Execution-Money Judgment (form EJ-130)

Purpose of Process

The writ authorizes the Sheriff to seize and sell the debtor’s personal property to satisfy a money judgment

Sheriff's Instructions

Describe the property and specify the address where the property can be found. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance.

Manner of Levy

The method of levy is seizure in which the Sheriff seizes, stores and sells the debtor’s property at a public auction.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the vehicle is seized.

Checklist

  • Proper fee deposit
  • Original Writ of Execution (Money Judgment)
  • Electronic Writ Declaration if applicable
  • Sheriff’s Instructions
  • Submit to the Sheriff no later than 120 days after issuance of the Writ of Execution

Information Guide

The creditor may instruct the Sheriff to seize, store and sell property in the possession of the debtor. However, the Sheriff cannot enter a private place such as a home to seize the property without a private place order issued by the court pursuant to CCP 699.030. Property that is not in the possession of the debtor cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the debtor or the debtor’s agent.

After proper notices and procedures are followed pursuant to CCP 701.510-701.680, the Sheriff will hold a public auction, notwithstanding any claims or orders received prior to the sale. The debtor may claim an exemption if the debtor is an individual (not a corporation or partnership). The Sheriff will mail to the creditor any claim of exemption and instructions on how to oppose the exemption. The creditor should weigh the feasibility of levying on personal property and take into consideration Sheriff’s fees and costs, any outstanding balance owed to potential legal owners or 3rd parties with an interest in the property, as well the amount of any exemption. The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to any minimum bid required pursuant to outstanding taxes, liens or exemptions required to be paid first.

Court Document Required

Plaintiff's Claim and Order to Go to Small Claims Court (form SC-100)

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER DEFENDANT)

Purpose of Process

The small claims court acquires jurisdiction to hear the case when the Plaintiff’s Claim and Order to Defendant is served on the defendant. Sheriff's Instructions Form

Sheriff's Instructions

The creditor must sign and date the instructions. It must include the name and address where the defendant can be reached during our normal business hours.

Time for Service

Personal service must be made not less than 15 days before the hearing, or 20 days if the small claims court hearing is in another county. Substitute service must be made at least 25 days before the hearing, or 30 days if the court is in another county. The Sheriff must receive the process no later than ten days prior to the last day for service.

Manner of Service

The defendant may be served by personal or substituted service. The right person must be served, therefore if you are serving a business or public entity you must provide the Sheriff’s Department the exact name of the business and the person to be served.

See How to Serve a Business or Public Entity

Fee

See Fee Schedule

Proof of Service

If service is made, an Original proof of service will be sent to the court and a copy will be sent to the requestor for their records. If service is not made, the Claim and Order to go to Small Claims Court and a Proof of Service of not found/no service explaining the reason is mailed to the requestor.

Checklist

  • Proper fee deposit per person
  • Sheriff Instructions
  • Copy of Plaintiff’s Claim and Order to Go to Small Claims Court per defendant
  • Deliver to the proper Sheriff’s civil process Branch office at least ten days prior to the last day for service

Information Guide

A small claims case cannot be heard until the defendant (the person sued) is served with a copy of the Plaintiff’s Claim and Order to Defendant. The Plaintiff’s Claim and Order to Defendant may be personally served at least 15 days before the hearing if the place of service and the court are in the same county. If the court is in another county, personal service must be made at least 20 days before the hearing. Service may also be made by substitution in which a copy of the Plaintiff’s Claim and Order to Defendant is left with a suitable person at the defendant’s usual place of abode (residence) , employment or mailing address and a copy mailed to the defendant at that address. Substitute service must be made at least 25 days before the hearing or 30 days if the court is in another county. The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the defendant is served, the Sheriff will forward the proof of service to the plaintiff to file with the court. If service is unsuccessful, the Sheriff will mail a proof of not found/no service detailing the reasons for non-service to the plaintiff.

Court Document Required

Original Writ of Execution-Money Judgment (form EJ-130)

Purpose of Process

The writ authorizes the Sheriff to levy and sell the debtor’s right, title and interest in real property to satisfy a money judgment

Sheriff's Instructions

Describe the real property by specifying the address, parcel number (APN) and legal description, any third parties, record owner and whether there is a leasehold interest. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance.

Manner of Levy

The method of levy is posting of the property, serving the debtor and filing a lien with the County Clerk Recorder to sell the debtor’s right, title and interest in the real property at a public auction.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. A copy is provided to the requestor

Checklist

  • Proper fee deposit
  • Original Writ of Execution (Money Judgment)
  • Electronic Writ Declaration if applicable
  • Sheriff’s Instructions
  • Submit to the Sheriff no later than 120 days after issuance of the Writ of Execution

Information Guide

The creditor may instruct the Sheriff to sell the judgment debtors rights, title and interest in real property. The Sheriff must post a Notice of Levy at the property location and record the notice with the County Clerk Recorder. Real Property levies are very complex due to the myriad of components that can apply and are required to be performed. If the real property contains a dwelling, in addition to other requested items, the following are required during the process: an application for order for sale of a dwelling, order for sale, possibly a proof of service for a second chance hearing. The Sale Notice shall be published and posted prior to the sale and a minimum bid may be required dependent upon the circumstances. Information regarding real property levies, sales and exemptions can be found in the following Code of Civil Procedures CCP 701.510-704.995. It is recommended you contact an attorney with any questions you have regarding the procedures required.

The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to the judgment debtor’s exemption or if a minimum bid is required. All bidders at the auction are advised that the Sheriff is only selling the judgment debtors right, title and interest in the property.

Court Document Required

Request for Order (form FL-300), Blank Responsive Declaration (form FL-320), any additional documents listed in the Request for Order

ORIGINAL + 1 COPY OF EVERYTHING TO BE SERVED (PER PERSON)

Purpose of Process

Notifies respondent of a hearing concerning various issues and restrains the respondent from certain activities and conduct

Sheriff's Instructions

Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the petitioner’s attorney, or the petitioner if the petitioner doesn’t have an attorney. Sheriff's Instructions Form

Time for Service

The Request for Order must be served 16 Court days prior to the hearing

Manner of Service

Personal Service

Fee

See Fee Schedule

Proof of Service

If service is made, the Original proof of service will be sent directly to the court and a copy will be mailed to the requestor for their records. If service is not made, the Request for Order and a Proof of Service of not found/no service explaining the reason is mailed to the requestor.

Checklist

  • Proper fee deposit
  • Request for Order (form FL-300) 2 copies
  • Blank Responsive Declaration (form FL-320) 2 copies
  • Any additional documents listed in the Request for Order 2 copies
  • Sheriff’s Instructions

Information Guide

In a family law action for divorce, annulment or separation, the court can issue a number of orders to protect people and property. A summons and petition are the process used by the Superior Court to obtain jurisdiction of the case. If immediate relief is sought, the petitioner may petition the court for a Request for Order and temporary order. The Request for Order is a notice of motion advising the respondent to appear at a hearing to determine whether a long-term injunction prohibiting certain activities should be issued. The Request for Order should be given to the Sheriff without delay because service must be made 16 court days before the hearing.

The Sheriff will make various attempts to serve the process, at various times during normal business hours. After the respondent is served, the Sheriff will mail the Original proof of service to the Court and a copy to the Requestor for their records. If service has not been made, the Request for Order will be returned to the Requestor together with a proof of not found/no service detailing the reasons for non-service. A not found fee is charged if any attempts are made or the respondent doesn’t live or work at the address. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to affect service.

Court Document Required

Summons and Complaint forms, and any other documents required to be served.

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER PERSON)

Purpose of Process

The court obtains jurisdiction of the case when the summons and complaint is served

Sheriff's Instructions

Specify the name and address of the defendant (or agent) to be served; indicate any Trial Court Reduction time period imposed by the court and list all documents to be served. The plaintiff’s attorney or plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

There is no time limit on the service of a Summons

Manner of Service

Personal Service or Substitute Service

Fee

See Fee Schedule

Proof of Service

If service is made, the Original proof of service will be sent directly to the court and a copy will be mailed to the requestor for their records. If service is not made, the Summons and Complaint, and a Proof of Service of not found/no service explaining the reason, is mailed to the requestor.

Checklist

  • Proper fee deposit
  • 1 copy of the Summons and Complaint
  • 1 copy of any other required documents (Statement of Damages, Case Assignment, etc.)
  • Sheriff’s Instructions

Information Guide

The court acquires jurisdiction to hear a case when the summons and complaint is served on the defendant. The Summons advises the defendant to file a written response with the court within a specified time, usually 30 days. The Complaint describes the nature of the lawsuit.

The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the defendant is a natural person, service by substitution may be accomplished on the third attempt by leaving a copy of the summons and complaint with a suitable person at the service address and mailing a copy to the defendant. If the defendant is not a natural person (corporation, partnership, etc.), substitute service may be made on the first attempt (due diligence is not required.) The address for service must be the defendant’s usual place of abode (residence), business or mailing address. If the Sheriff cannot effect service or it is determined that the defendant does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Proof of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to plaintiff indicating the date, time, person served and method of service.

Court Document Required

Summons and Complaint forms, Prejudgment Claim of Right to Possession (if applicable), and any other documents required to be served.

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER DEFENDANT) + 5 COPIES IF SERVING PREJUDGMENT CLAIM OF RIGHT TO “ANY AND ALL UNKNOWN OCCUPANTS”

Purpose of Process

The court obtains jurisdiction of the case when the summons and complaint is served.

Sheriff's Instructions

Specify the name and address of the defendant (or agent) to be served; indicate any Trial Court Reduction time period imposed by the court and list all documents to be served. The plaintiff’s attorney or plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

There is no time limit on the service of a Summons

Manner of Service

Personal Service or Substitute Service

Fee

See Fee Schedule

Proof of Service

If service is made, the Original proof of service will be sent directly to the court and a copy will be mailed to the requestor for their records. If service is not made, the Summons and Complaint, and a Proof of Service of not found/no service explaining the reason, is mailed to the requestor.

Checklist

  • Proper fee deposit
  • 1 copy of the Summons and Complaint per Defendant + 5 copies if serving Prejudgment Claim of Right to Possession to “Any and All Unknown Occupants”
  • 1 copy of any other required documents (Statement of Damages, Case Assignment, etc.) per Defendant + 5 copies if serving Prejudgment Claim of Right to Possession to “Any and All Unknown Occupants”
  • Sheriff’s Instructions

Information Guide

The court acquires jurisdiction to hear a case when the summons and complaint is served on the defendant. The Summons advises the defendant to file a written response with the court within a specified time. The Complaint describes the nature of the lawsuit.

The Sheriff will make various attempts to serve the process, at various times during normal business hours. Service by substitution may be accomplished on the third attempt by leaving a copy of the summons and complaint with a suitable person at the service address and mailing a copy to the defendant. The address for service must be the defendant’s usual place of abode (residence), business or mailing address. If the Sheriff cannot effect service or it is determined that the defendant does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Proof of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to plaintiff indicating the date, time, person served and method of service.

Court Document Required

Summons and Petition, Blank Response any other required documents

1 COMPLETE COPY OF EVERYTHING TO BE SERVED (PER PERSON)

Purpose of Process

The court obtains jurisdiction of the case when the summons and petition is served. The parties are also restrained from removing minor children and transferring community property.

Sheriff's Instructions

Specify the name and address of the respondent; indicate any Trial Court Reduction time period imposed by the court; list all documents to be served. The petitioner’s attorney or the petitioner (if the petitioner doesn’t have an attorney) must sign and date the Sheriff's Instructions.

Time for Service

There is no time limit on the service of a Summons and Petition

Manner of Servicey

Personal Service

Fee

See Fee Schedule

Proof of Service

If service is made, the Original proof of service will be sent directly to the court and a copy will be mailed to the requestor for their records. If service is not made, the Summons and Petition, and a Proof of Service of not found/no service explaining the reason, is mailed to the requestor.

Checklist

  • Proper fee deposit
  • 1 copy of the Summons and Petition, Blank Response any other required documents
  • Sheriff’s Instructions

Information Guide

A Summons is the process used by the court to obtain jurisdiction in a dissolution, annulment or legal separation lawsuit. The Summons may also include a temporary restraining order that restrains the parties from removing minor children and transferring community property.

The Sheriff will make various attempts to serve the process at various times during normal business hours. If the Sheriff cannot effect service or it is determined that the respondent does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Proof of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to requestor indicating the date and time of service.

Court Document Required

Original Writ of Execution-Money Judgment (form EJ-130)

Purpose of Process

The writ authorizes the Sheriff to seize and sell the debtor’s vehicle to satisfy a money judgment

Sheriff's Instructions

Describe the vehicle and specify the address where the vehicle can be found. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions.If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance.

Manner of Levy

The method of levy is seizure in which the Sheriff seizes, stores and sells the debtor’s vehicle at a public auction.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the vehicle is seized.

Checklist

  • Proper fee deposit
  • Original Writ of Execution (Money Judgment)
  • Electronic Writ Declaration if applicable
  • Sheriff’s Instructions
  • Submit to the Sheriff no later than 120 days after issuance of the Writ of Execution

Information Guide

The creditor may instruct the Sheriff to seize, store and sell a vehicle in the possession of the debtor. However, the Sheriff cannot enter a private place such as a garage to seize the vehicle without a private place order issued by the court pursuant to CCP 699.030. Property that is not in the possession of the debtor cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the debtor or the debtor’s agent.

The Sheriff must notify the vehicle’s legal owner of the seizure. A legal owner (bank, credit union, etc.) may file a third-party claim based on a security interest (loan) with an unpaid balance. The minimum sale price at the Sheriff’s auction is pursuant to the exemption listed in CCP 704.010 if the vehicle is the only vehicle registered to the debtor. Otherwise, the Sheriff will sell the vehicle to the highest bidder. The debtor may claim an exemption if the debtor is an individual (not a corporation or partnership). The Sheriff will mail to the creditor any claim of exemption and instructions on how to oppose the exemption. The creditor should weigh the feasibility of levying on a vehicle and take into consideration Sheriff’s fees and costs, any outstanding balance owed the legal owner and the amount of any exemption. The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to the single vehicle exemption if a minimum bid is required.

Court Document Required

Original Writ of Possession (Real Property) (EJ-130)

Purpose of Process

Evict occupants and place creditor in peaceful possession of real property

Sheriff's Instructions

Provide address of property from which occupants are to be evicted; provide name, telephone number and either a fax or email address of the person who will meet the Sheriff to take possession of the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the court issued the writ electronically, AND YOU ARE NOT USING OUR INSTRUCTION FORM, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
In addition to instructions, a property damage waiver must be acknowledged

Time for Service

The Sheriff will serve a 5-Day Notice to Vacate as soon as practical after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

Manner of Service

The 5-day notice to vacate may be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s). After the expiration of the 5-day notice, a deputy will remove anyone who remains on the premises. Any property of the tenant left on the premises will be turned over to the landlord for storage for the legally determined amount of time.

Fee

See Fee Schedule

Proof of Service

After the eviction is completed, the Sheriff will provide the landlord with a Notice of Restoration and send the writ together with the Sheriff’s Return to the issuing court. A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. A copy is forwarded to the requestor as well.

Checklist

  • Proper fee deposit
  • Original Writ of Possession (Real Property)
  • Electronic Writ Declaration if applicable
  • Submit to the Sheriff no later than 120 days after the issuance date of the Writ of Possession
  • Sheriff's Instructions
  • Property Damage Waiver

Information Guide

After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) which authorizes the Sheriff to remove (evict) the occupants from the property. The Sheriff will typically serve a 5-day Notice to Vacate within 2 business days after receiving the writ. The eviction is scheduled as soon as possible after service of the Notice to Vacate. The landlord/agent will be notified by fax or email regarding the date and time of the eviction. In addition, a threat assessment with questions is also provided, that must be completed and returned at least 1 business day before the eviction. The landlord/attorney should immediately notify the Sheriff if the landlord wants to cancel the eviction.

At the time of the eviction, the Plaintiff/Agent should be prepared to provide the officer entry to the premises. Generally, a locksmith, passkey, or other means of accomplishing entry is used. The officer will remove the defendants if they are present and post a restoration notice to the front of the property. If the Plaintiff/Agent does not appear at the scheduled time or if they cannot provide us with access to the property, the eviction will not take place.

A person who is not listed as a debtor on the writ of execution may file a Claim of Right to Possession. Upon receipt of the Claim to Right of Possession, the Sheriff must stop the eviction and send the Claim to the court that issued the writ. If the claimant posts a filing fee with the court, a hearing will be set to determine the validity of the claim. If the claimant does not post the filing fee or if it is determined at the hearing that the claim is not valid, the court will issue an order directing the Sheriff to proceed with the eviction. However, the Sheriff will not accept a claim of right to possession if the writ indicates that a prejudgment claim of right to possession was served with the summons and complaint pursuant to CCP 415.46, unless it pertains to a foreclosure of a rental dwelling unit.

If the debtor tenant files bankruptcy before judgment for possession was issued in the unlawful detainer lawsuit, the eviction will be stayed until any Automatic Stays are removed or the landlord obtains an order (lift order) from the bankruptcy court.

If the debtor tenant files bankruptcy after judgment for possession was issued in the unlawful detainer lawsuit, the landlord creditor may instruct the Sheriff in writing to proceed with the eviction citing applicable code and case law. The instructions will be reviewed and evaluated on a case by case basis. Our office may require the landlord obtain an order (lift order) from the bankruptcy court.

After the tenants have been removed from the premises, the Sheriff will give the landlord a Notice of Restoration. If the occupants re-enter the premises, the landlord may summon the local law enforcement (whoever has the local jurisdiction) and show the responding officers the receipt for possession. Anyone who reenters the premises after being evicted is subject to arrest for a misdemeanor violation of Penal Code section 419. The landlord is responsible for safekeeping any property of the tenant remaining on the premises after the eviction for at least 15 days. The tenant’s property may be moved to storage and reasonable storage costs assessed.

Court Document Required

Wage Garnishment:

Enforcement of Judgment:

Purpose of Process

The debtor can file a Claim of Exemption to claim a part or all of the property levied upon to be exempt from levy. The filing of the claim does not stop the levy but merely stops the Sheriff from disbursing the proceeds collected until the claim is determined.

Sheriff's Instructions

None. The debtor files the Claim of Exemption and Financial Statement, if required, with the Sheriff

Time for Service

The Claim of Exemption for Earnings Withholding Order can be filed at any time. The Claim of Exemption of Enforcement of Judgment must be filed within the time outline in CCP 703.520(a).

Method of Service

Debtor may mail or hand deliver the document for the claim to the Sheriff. The Sheriff will serve the creditor all documents by mail.

Fee

None

Proof of Service

None

Checklist

  • Debtor
    • Original Claim form plus one copy
    • Original Financial Statement plus one copy (if required)
    • Two complete copies of any supporting documentation
  • Creditor
    • Original Opposition to Claim of Exemption plus one copy for Earnings Withholding Orders
      • Only 1 copy if for Enforcement of Judgment (original is filed with the court)
    • Notice of Hearing
    • Any supporting documentation

Information Guide

Filing a claim of exemption does not stop the garnishment. The Levying Officer (Sheriff) holds the funds garnished until the outcome of the claim has been decided.

Wages

A debtor can file a Claim of Exemption on a wage garnishment using Claim Form WG-006 Financial Statement WG-007. The original of each document is required plus 1 copy per CCP 706.105 (b).

After the Claim is received, the Levying Officer (Sheriff) sends a copy of the claim and financial statement to the Creditor or their Attorney along with Notice of filing claim of exemption. Creditor/Attorney has 10 days from the date the notice and copy of the claim was mailed to him/her, to oppose the claim. Original notice of opposition form WG-009 must be delivered to the Levying Officer (Sheriff). A copy of the Notice of Hearing WG-010 must be delivered to the Levying Officer (Sheriff) within 10 days after the Notice of Opposition was delivered. The Levying Officer will send the Notice of Opposition and Notice of Hearing along with the original Claim of Exemption to the court, and await an Order Determining Claim of Exemption from the court.

If Creditor/Attorney does not file the Notice of Opposition or Notice of Hearing timely, the Levying Officer releases the funds claimed to be exempt either by sending a Modification or Release to the employer based on what was claimed to be exempt per CCP 706.105.

Enforcement of Judgment

A Claim of Exemption on a bank levy/third party levy, using Claim of Exemption form EJ-160, may be filed by the debtor/debtor’s attorney, or debtor’s spouse pursuant to CCP 703.020, within the time outlined in CCP 703.520. If the debtor marks box 7 on the claim form, a Financial Statement form EJ-165 must accompany the Claim of Exemption per CCP 703.530.

A copy of debtor’s claim is mailed to creditor/attorney along with notice of filing claim of exemption. The creditor/attorney has 15 days from the date of mailing, plus additional mail time pursuant to CCP 684.120, to file the original with the court and deliver to the Levying Officer a copy of the Notice of Opposition form# EJ-170 and Notice Hearing form# EJ-175 per CCP 703.550

Levying Officer sends copies of the Notice of Opposition, Notice of Hearing and Original Claim of Exemption to the Court and awaits the Court’s Order Determining Claim of Exemption.

If Notice of Opposition or Notice of Hearing is not received timely, the Levying Officer releases the property claimed to be exempt per CCP 703.550

Court Document Required

Original Writ of Execution-Money Judgment (form EJ-130)

Purpose of Process

The writ authorizes the Sheriff to serve a garnishment on the monies due and payable to the debtor by the 3rd party. The 3rd party is required to remit monies due and payable to the debtor at the time of the levy to the Sheriff or explain why funds will not be remitted.

Sheriff's Instructions

Specify the name and physical address of the 3rd party and what type of funds/property is to be levied on (commission, rental monies due, accounts payable, etc.) Specify the name of the debtor whose monies/property is to be levied any pertinent/identifying information. Reference any additional document (affidavit of identity, spousal affidavit, fictitious business name statements court order to levy on debtor’s property in possession of a 3rd party.) The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.

Time for Service

The writ of execution expires 180 days after the issuance and must be served prior to expiration.

Method of Levy

Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the 3rd party. A copy of the writ, notice of levy and a list of exemptions are mailed to the debtor at the last known address. The 3rd Party is required to remit monies due and payable to the debtor at the time of the levy to the Sheriff or explain why funds will not be remitted or explain in the memorandum of garnishee any reason for not remitting funds.

Fee

See Fee Schedule

Proof of Service

A proof of service is not issued. Instead, a copy of the memorandum of garnishee is forwarded to the creditor/attorney after receipt by our office.

Checklist

  • Proper fee deposit.
  • Sheriff Instructions.
  • Original Writ of Execution-Money Judgment (form EJ-130) issued by the Court
  • Electronic Writ Declaration (if applicable)

Information Guide

The creditor may instruct the Sheriff to levy on the monies due and payable to the debtor by the 3rd party (commission, rental monies due, accounts payable, etc.) pursuant to a writ of execution (money judgment). The 3rd party (garnishee) will send us an answer, in approximately 10 days, stating the amount of funds, if any, that will be withheld. We will send the creditor a copy of that answer. If you do not receive a copy of the answer within approximately 30 days, please contact the 3rd party, not the Sheriff. The Sheriff's fee is automatically added to the levy.

Once the funds are received by the Sheriff, they are deposited and held for 15 days. Money is then disbursed by the Sheriff. Any inquiries regarding the payment of money must be directed to the Sheriff's Department Civil Division.