We encourage you to file your service request(s) via our E-Services Portal, which allows your request to be sent electronically to our office. Using the E-Service Portal allows for faster processing times, greater accuracy, and creates a quicker communication path to address document matters if needed.
e-SERVICES PORTAL- Submit your requests online for the Sheriff to serve your civil process
- Look up existing Civil File Status using the Levying Officer File Number and Court Case Number
- Review the Civil Bureau service/levy requirements and obtain instruction forms all in one place
The Civil Bureau serves Civil process in the manner prescribed by law. Civil process includes summons and complaints, small claims documents for a civil lawsuit, restraining orders, bench warrants, evictions, and any other notice or order from the courts. We also levy on wages, bank accounts, vehicles, or any asset of the judgment debtor. The State of California Judicial Council requires all requests for service or levy to include a signed Request for Service SER-001 (and SER-001A for Writ-based services excluding Earnings Withholding Orders). You must provide the necessary fee for service, or present our office an order of the court waiving the Sheriff's fee. Most documents are time-sensitive, so please ensure that your documents reach our office at least 10 days (unless otherwise stated) before the service expiration.
The Sheriff provides a cost effective, credible service and successfully serves most defendants. 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 listing(s) in this link is posted here for information purposes only. Updates, amendments and cancellations may occur on short notice. For the most current information, please view the posted sale notice in the Civil Bureau lobby, the Rancho Cordova Police Department and Rancho Cordova City Hall.
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. The Sheriff’s Office 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. The following are some community resources available that may be able to provide assistance. Because evictions are time sensitive, it is imperative you seek assistance as soon as possible.
211 Sacramento Community ResourcesIf you are a company or attorney and need to change your address with the Civil Bureau, 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.
Change of Address FormInformation Guides and Sheriff's Instructions forms are provided 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.
In an effort to improve processing time and reduce waste, when submitting documents to the Sheriff's Civil Bureau please use the guidelines below.
Documents and Mail Guidelines| Court Document required | Original Writ of Execution-Money Judgment (form EJ-130); IF APPLICABLE: spousal affidavit (original and two copies); fictitious business name statement (one certified copy plus two copies); affidavit of identity (three copies); court order authorizing a levy on a third person’s bank account (original and two copies); application for writ of execution (three copies). |
|---|---|
| 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. |
| 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. The bank is required to remit funds to the Sheriff or explain in the memorandum of garnishee any reason for not remitting funds. |
| Fee | 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. |
Proper fee deposit
Sheriff Instructions
Original Writ of Execution-Money Judgment (form EJ-130)
Electronic Writ 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)
| Court Document required | There is not a Judicial Council Form for a Bench Warrant, however, Sacramento County Courts have an adopted Local Court Form. Civil Division building 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 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 and address and complete description of the person to be served and list the 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 (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. |
Proper fee deposit
Original Bench Warrant
Sheriff’s Instructions
| Court Document required | Original Writ of Attachment (form AT 135); two copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.) and Undertaking; two copies 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. |
| Meathod 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. |
Proper fee deposit
Original Writ of Attachment
Two copies of the order for issuance of writ
Undertaking
Two copies of summons and complaint (if not previously served)
Sheriff’s Instructions
| Court Document required | Original After Hearing Writ of Possession - Claim and Delivery (form CD-130); three copies of the Order for Writ of Possession (form CD-120); three copies 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). Original Ex Parte Writ of Possession - Claim and Delivery (form CD-130); three copies of the Order for Writ of Possession (form CD-120); three copies of the undertaking; three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110); three copies of the Application for Writ of Possession (form CD-100); three copies of any affidavits in support; two copies 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. |
| Meathod 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. |
| 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. |
Proper fee deposit
Original Writ of Possession - Claim and Delivery (form CD-130)
Three copies of the Order for Writ of Possession (form CD-120) (after hearing and ex parte)
Three copies of the undertaking unless undertaking not required by the court
Three copies of the undertaking (ex parte writ only) if being served by Sheriff
Three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110) (ex parte writ only) if being served by Sheriff
Three copies of the Application for Writ of Possession (form CD-100) (ex parte writ only) if being served by Sheriff
Three copies of any affidavits in support if being served by Sheriff
Two copies of the summons and complaint (if not previously served) if being served by Sheriff
Sheriff’s Instructions
| Court Document required | Original Writ of Execution (Money Judgment) (form EJ-130). Application for Earnings Withholding Order (form 982.5(1)). 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 20% 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 is 50%. |
| 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) 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 with the exception of Federal employees. The Sheriff will serve the Earnings Withholding Order by certified mail return receipt requested. If the certified mail receipt is not received from the employer within 45 days after mailing, the Sheriff will attempt personal service. Some locations receiving large amounts of Earnings Withholding Orders are personally served initially rather than mailed through certified mail. 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. However, a copy of the Employer’s Return is mailed to the creditor upon receipt by the Sheriff. |
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 120 days after issuance of the Writ of Execution
| Court Document required | Original Writ of Attachment (form AT 135); three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint (form 982a16), if writ issued ex-parte and if not already served and two copies 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 sale 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. |
Proper fee deposit
Original Writ of Attachment (form AT 135)
Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130)
Two copies of Undertaking
Two copies of the summons and complaint (form 982a16), if not already served
Sheriff’s Instructions
| 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. |
Proper fee deposit
Original Writ of Execution (Money Judgment)
Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130)
Electronic Writ Declaration if applicable
Sheriff’s Instructions
Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution
| Court Document required | Order to Show Cause (form FL-300), Application for Order and Supporting Declaration (form FL-310), Blank Responsive Declaration (form FL-320), any additional documents listed in the Order to Show Cause 1 COMPLETE COPY OF EVERYTHING TO BE SERVED |
|---|---|
| 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 Instruction Form. |
| Time for Service | The OSC must be served 21 days prior to the hearing |
| 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 the requestor. If service is not made, the OSC and a Proof of Service of not found/no service explaining the reason is mailed to the requestor. |
Proper fee deposit
Order to Show Cause (form FL-300) 1 complete copy
Application for Order and Supporting Declaration (form FL-310) 1 complete copy
Blank Responsive Declaration (form FL-320) 1 complete copy
Any additional documents listed in the Order to Show Cause 1 complete copy
Sheriff’s Instructions
| 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 Sacramento County Courts. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED |
|---|---|
| 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 Instruction Form. |
| 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 Sacramento 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. |
Notice of Hearing (form DV-109) 1 complete copy
Temporary Restraining Order (form DV-110) 1 complete copy
Request for Order (form DV-100) 1 complete copy
Description of Abuse (form DV-101)
Blank Answer to Temporary Restraining Order (form DV-120) 1 complete copy
Any other documents listed in the Notice of Hearing 1 complete copy
Sheriff’s Instructions
| Court Document required | Notice of Hearing and Temporary Restraining Order (form CH-120); Request for Orders to Stop Harassment (form CH-100); blank Answer to Request for Orders to Stop Harassment (form CH-110); any other documents listed in the NOH/TRO and one copy of Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED |
|---|---|
| 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 Instruction 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 and Order of Protection |
| 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. |
Proper fee deposit
Notice of Hearing (form CH-100)
Temporary Restraining Order (Harassment) (form CH-120) 1 complete copy
Request for Orders to Stop Harassment (form CH-100) 1 complete copy
Answer to Request for Orders to Stop Harassment (form CH-110) 1 complete copy
Any other documents listed in the NOH/TRO 1 complete copy
Sheriff’s Instructions
Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts
| Court Document required | Original Writ of Possession (Personal Property) (form EJ-130) |
|---|---|
| Purpose of Process | The writ authorizes the Sheriff to seize specific personal property for immediate delivery to the creditor |
| Sheriff's Instructions | Provide a specific description of the property and the address where the property is located. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instruction 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 expires 180 days after the issuance. |
| Manner of Levy | The method of levy is seizure in which the Sheriff seizes the property and immediately gives it to the creditor. |
| Fee | See Fee Schedule and Order of Protection |
| 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. |
Proper fee deposit
Original Writ of Possession (Personal Property)
Electronic Writ Declaration if applicable
Submit to the Sheriff no later than 150 days after issuance of the writ
| Court Document required | One complete copy per defendant of the Plaintiff's Claim and Order to Go to Small Claims Court (form SC-100) |
|---|---|
| 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 | 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. Sheriff's Instructions. |
| Time for Service | The Sheriff must receive the process no later than ten days prior to the last day for service. |
| Manner of Levy | The defendant may be served by personal or substituted 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. |
| Fee | See Fee Schedule and Order of Protection |
| Proof of Service | The Sheriff will mail a proof of Service to the court and a Notice of Service to the plaintiff if the Claim is served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service. |
Proper fee deposit per person
Sheriff Instructions
1 complete copy of Plaintiff’s Claim and Order to Go to Small Claims Court
Deliver to the proper Sheriff’s civil process Branch office at least four weeks before the hearing date
| 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. |
Proper fee deposit
Original Writ of Execution (Money Judgment)
Electronic Writ Declaration if applicable
Sheriff’s Instructions
Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution
| Court Document required | Summons and Complaint (form 982(a)(9)), and any other documents required to be served. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED |
|---|---|
| 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. Any designee of the plaintiff may sign and date the instructions if prior to judgment. 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 | The Sheriff mails a Proof of Service to the plaintiff if the summons and complaint are served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service. |
Proper fee deposit
1 complete copy of the Summons and Complaint
1 complete copy of any other required documents (Statement of Damages, Case Assignment, etc.)
Sheriff’s Instructions
| Court Document required | Summons and Petition, Blank Response and any other required documents 1 COMPLETE COPY OF EVERYTHING TO BE SERVED. |
|---|---|
| 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 Service | Personal Service |
| Fee | See Fee Schedule |
| Proof of Service | The Sheriff mails a Proof of Service to the requestor if the summons and petition are served. If not served, a Not Found/No Service return is mailed to the requestor explaining the reason for non-service. |
Proper fee deposit
1 complete copy of the Summons and Petition, Blank Response any other required documents
Sheriff’s Instructions
| 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. |
Proper fee deposit
Original Writ of Execution (Money Judgment)
Electronic Writ Declaration if applicable
Sheriff’s Instructions
Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution
| 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 and telephone number 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. |
| Time for Service | The Sheriff will serve a 5-Day Notice to Vacate within 2 business days 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 receipt for possession 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. |
Proper fee deposit
Original Writ of Possession (Real Property)
Electronic Writ Declaration if applicable
Submit to the Sheriff no later than 150 days after the issuance date of the Writ of Possession
Sheriff's Instructions
| Court Document required |
Wage Garnishment Forms: Claim of Exemption for Wage Garnishment Judicial Council Form WG-006 If the original Claim of Exemption for Wage Garnishment Form (WG-006) is not submitted to the Sheriff, it is your responsibility to retain it. Financial Statement Judicial Council Form WG-007 Notice of Opposition to Claim of Exemption Wage Garnishment WG-009 Notice of Hearing on Claim of Exemption Wage Garnishment WG-010 Enforcement of Judgment Forms: Claim of Exemptions Enforcement of Judgment Judicial Council Form EJ-160 Financial Statement Judicial Council Form EJ-165 - IF BOX #7 IS MARKED ON THE CLAIM OF EXEMPTIONS Notice of Opposition to Claim of Exemption Enforcement of Judgment EJ-170 Notice of Hearing on the Claim of Exemption Enforcement of Judgment EJ-175 |
|---|---|
| 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 on Enforcement of Judgment must be filed within the following timelines from the date the Notice of Levy was served upon the debtor:
|
| Manner 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 |
debtors
- Original Claim form plus one copy
- Original Financial Statement plus one copy (if required)
- Two complete copies of any supporting documentation
Creditor
- Opposition to Claim of Exemption Original plus one copy for Earnings Withholding Orders and only 1 copy if for Enforcement of Judgment (original is filed with the court)
- Notice of Hearing
- Any supporting documentation
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 . . .
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 . . .
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