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 Real Property Levy
Writ of Execution
Court Document(s)
Required: |
Our
Office requires real property levies to be served by a Registered
Process Server (RPS) per Code of Civil Procedure § 699.080 and
§
700.015. Prior to
the levy, the RPS must open a file with our office and deposit with
the Sheriff:
- Original
letter of instructions signed and dated by the judgment creditor’s
attorney or the judgment creditor (if the judgment creditor does
not have an attorney).
- Required
fees
- A copy of
the Writ of Execution (form EJ 130)
- A copy of
the Notice of Levy (form EJ 150) for all services to be performed:
e.g. Recorders Office, posting of property, service to debtors,
legal owners, third parties, etc.
The RPS must
have in his/her possession the levy packet upon opening a file with
our office which consists of the following:
- Original
Writ of Execution—Money Judgment (form EJ-130)
- Notice of
Levy
- Legal
description of the property
- List of
exemptions--If applicable
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| Letter of
Instructions |
The letter of
instructions must specify the type of levy requested. The letter of
instructions must specify if the real property contains a dwelling
as defined by Code of Civil Procedure § 704.710 and must include a
legal description of the property to be levied upon as well as the
street address. Specify whether the real property also stands in
the name of third persons (recorded owners other than the judgment
debtor) as indicated by county records. If yes, list the names and
addresses of all third parties as well as all a.k.a.(s) of the
debtor. Specify whether the real property is a leasehold estate.
If yes, provide the date when the leasehold expires.
The judgment
creditor’s attorney or the judgment creditor (if the judgment
creditor does not have an attorney) must sign and date the
instructions. |
| Time for Service |
The Writ of
Execution expires 180 days after issuance. |
| Method of Levy |
The method of
levy is the creation of a lien against the property. This is
accomplished by filing the Writ of Execution, Notice of Levy and
other documents with the County Recorder of the county in which the
real property is located.
The lien includes a description of the property levied upon and
states that the judgment debtor’s interest in the described property
has been levied upon. The recording of the levy creates a judicial
lien, which initiates the process of selling the real property in a
Sheriff’s sale. Proceeds from the Sheriff’s sale are credited
towards satisfying the money judgment against the judgment debtor.
Real property (execution) levies in Contra Costa County must
be served by a Registered Process Server (RPS) per Code of Civil
Procedure § 699.080 and § 700.015. Prior to the
levy, the RPS must open a file with our office with required fees.
After levy, the RPS must file with the Sheriff within five (5) days
the following:
If required
fees have been received by the Sheriff, the Sheriff will perform all
other duties under the Writ of Execution and return the writ to the
court with an accounting of action taken. |
| Cost Deposit |
$570.00 cost
deposit for recording, publishing, posting, issuance of a deed or
certificate of sale and notary services. |
| Fee |
$30.00 if
served, $30.00 if unable to serve or cancelled. |
| Writ Return |
A return
detailing the Sheriff’s actions is prepared by Civil Unit staff,
which accompanies the Writ of Execution when it is returned to the
court. |
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[
Click Here for
a Sample Letter of Instructions-Form E pg. 1
]
[
Click Here for
a Sample Letter of Instructions-Form E pg. 2 ]
What is Required Check List:
- $600.00 fee and cost deposit
- Original Writ of Execution
- Notice of Levy
- Required Fees
- Original letter of instructions signed and dated
by the judgment creditor’s attorney or the judgment creditor (if the
judgment creditor does not have an attorney).
- Legal description of the property
- List of exemption—if the defendant is a natural
person
- Service packages for:
- Recorder’s Office
- Debtor(s)
- Posting of property
- Third party—if applicable
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| Return to 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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Costa Sheriff's Office
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