[Home
[About Sheriff Warren Rupf]
[
Administration
[
Basic Academy]
[
Bureaus]
[Cadet Explorer Post 2406]
[Career Opportunities]
[
Civil
[Community Warning System]
[Contra Costa County Website]
[Coroner]
[
Custody
[Deputy Sheriff Reserves]
[Emergency Services]
[Forensics & Crime Lab]
[
Fugitive Extradition]

[History]
[i.C.O.P. Cyberstation]
[Law Enforcement Links
[
Law Enf. Training Center]

[Sex Crimes]
[
Media Room]
[
Mission Statement]
[
Most Wanted]
[Overview]
[Patrol
]
[Peace Officer Monument
[Pipes and Drums
[Records Unit]
[
Sheriff's Message]
[
Site Map
[Support]
[
East Bay Terrorism Group
[Volunteer Services







 


 




 

Click here to download Adobe Acrobat ReaderReal Property Levy
Writ of Sale

Court Document(s)
Required:

Real property levies involving a Writ of Sale are handled by the Sheriff.  The requester must provide the following upon opening a Writ of Sale levy file with our office:

  • Original Writ of Sale (form EJ 130) plus three copies
  • Certified copy of the Judgment for Sale per Code of Civil Procedure § 716.010(c)
  • 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).
 
Letter of Instructions

The letter of instructions must specify the type of levy requested.   The letter of instructions 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.

In addition, If the judgment is pursuant to a judicial foreclosure AND a right of redemption is applicable, include and attach a list of lien holder names and addresses.  If there are no lien holders, so state.

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 Sale 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 Sale, 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.  The Sheriff will apply the proceeds of the sale of the property in conformity with court orders contained in the Writ of Sale. The Sheriff’s sale will be conducted at the direction and in the manner prescribed by the issuing court. 
Cost
Deposit
$570.00 cost deposit for recording, publishing, posting, issuance of a deed and 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 original Writ of Sale when it is returned to the court. 
 

[ Click Here for a Sample Letter of Instructions—Form E 1of 2 ]

[ Click Here for a Sample Letter of Instructions—Form E 2of 2 ]

What is Required Check List:

  • $600.00
  • Original Writ of Sale (form EJ 130) plus three copies
  • Certified copy of the Judgment for per Code of Civil Procedure § 716.010(c) plus three copies
  • 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).

 

Return to Enforcement (Civil)

 

Contact Information: Office of the Sheriff Contra Costa County
651 Pine Street, 7th Floor Martinez, CA  94553        (925) 335-1500

| Email the Webmaster | We appreciate your input | Email Recruiting |
Please note response may take several weeks. All inquiries will be answered in the order received.


Copyright © Contra Costa Sheriff's Office

This site views best in Microsoft Internet Explorer