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Business Seizure
Writ of Attachment (Inventory)
Court Document(s)
Required: |
Original Writ of
Attachment (form AT 135) plus three copies, Order for Issuance of
the Writ of Attachment (form AT 120, AT 125 or AT 130) plus two
copies, Notice of Attachment (form AT 165) plus two copies,
Undertaking per Code of Civil Procedure § 489.210 plus two copies or
Undertaking by Personal Sureties (form AT 160 or CD 140) plus two
copies and two copies of the Summons and Complaint (form 982a16) if
they have not already been served. |
| Letter of
Instructions |
Specify the name
and address of the business and any hazards Deputies may encounter.
If no Summons and Complaint is provided, the letter of instructions
must specify that they have been served. Specify the name and
address of the defendant’s attorney, if any. The Writ of Attachment
only authorizes the Sheriff to seize inventory of a going business
and not equipment. The letter must correctly specify the property
to be seized. The plaintiff’s attorney or the plaintiff (if the
plaintiff does not have an attorney) must sign the letter of
instructions. |
| Time for Service |
The Writ of
Attachment must be served and returned to the court within 60 days
after receipt by the Sheriff.
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Method of
Levy |
At the time
the defendant expressly objects to the Keeper placement.
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Cost
Deposit |
Keeper (48
hours):
$1,120.00 plus cost of inventory, moving and storage.
Cost estimates can range from $3,000 to $10,000
depending on the amount, size and nature of property as well as the
length of time stored. |
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Fee |
$85.00 per day
($60.00 if Keeper installation attempted and not served, and $30.00
if unable to serve or cancelled prior to installation attempt). |
| Writ Return |
A return
detailing the Sheriff’s actions is prepared by Civil Unit staff,
which accompanies the Writ of Attachment when it is returned to the
court. |
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What is Required Check List
- 8-hour Keeper: $1950.00 for 10 days plus costs to
itemize, move & store inventory OR
- Seize and store (48 hour Keeper): $1,120 plus
costs to itemize, move and store inventory.
- Original Writ of Attachment plus three copies
- Order for Issuance of Writ of Attachment plus
three copies
- Notice of Attachment plus two copies
- Undertaking plus two copies
- Two copies of the Summons and Complaint (if not
previously served)
- Original letter of instructions signed and dated
by the plaintiff’s attorney or the plaintiff (if the plaintiff does not
have an attorney).
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Enforcement (Civil) |
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Contact Information:
Office of the Sheriff Contra Costa County
651 Pine Street, 7th Floor Martinez, CA 94553
(925) 335-1500
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