SECTIONS 712.010-712.070 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 712.010-712.070

712.010. After entry of a judgment for possession or sale of
property, a writ of possession or sale shall be issued by the clerk
of the court upon application of the judgment creditor and shall be
directed to the levying officer in the county where the judgment is
to be enforced. The application shall include a declaration under
penalty of perjury stating the daily rental value of the property as
of the date the complaint for unlawful detainer was filed. A separate
writ shall be issued for each county where the judgment is to be
enforced. Writs may be issued successively until the judgment is
satisfied, except that a new writ may not be issued for a county
until the expiration of 180 days after the issuance of a prior writ
for that county unless the prior writ is first returned.

712.020. A writ of possession or sale issued pursuant to this
division shall require the levying officer to whom it is directed to
enforce the judgment and shall include the following information:
(a) The date of issuance of the writ.
(b) The title of the court where the judgment for possession or
sale is entered and the cause and number of the action.
(c) The name and address of the creditor and the name and last
known address of the judgment debtor. If the judgment debtor is other
than a natural person, the type of legal entity shall be stated.
(d) The date the judgment was entered, and the date of any
subsequent renewals, and where entered in the records of the court.
(e) If the judgment for possession or sale includes a money
judgment, the amount required to satisfy the money judgment on the
date the writ is issued, and the amount of interest accruing daily on
the principal amount of the judgment from the date the writ is
issued may be included on the writ at the option of the creditor.
(f) Whether any person has requested notice of sale under the
judgment and, if so, the name and address of that person.
(g) Any other information required to be included in the
particular writ.
(h) A statement indicating whether the case is limited or
unlimited.

712.030. (a) Upon delivery of the writ of possession or sale to the
levying officer to whom the writ is directed, together with the
written instructions of the judgment creditor, the levying officer
shall execute the writ in the manner prescribed by law.
(b) The levying officer may not levy upon or otherwise seize
property under the writ after the expiration of 180 days from the
date the writ was issued.

712.040. (a) A writ of possession or sale may be enforced as a writ
of execution to satisfy any money judgment included in the judgment
for possession or sale. If amounts due under the judgment are not
satisfied pursuant to the writ of possession or sale, the judgment
creditor may use a writ of execution to satisfy any money judgment
included in the judgment after the writ of possession or sale has
been returned or 180 days after its issuance, whichever is earlier.
If the judgment creditor does not desire issuance of a writ of
possession or sale (because possession has been voluntarily
surrendered, the secured obligation has been voluntarily satisfied,
or other reason), a writ of execution may be issued to satisfy any
money judgment included in the judgment.
(b) Whether or not a writ of possession or sale has been issued,
enforced, or returned, the judgment creditor may use any available
remedies provided by Chapter 5 (commencing with Section 706.010) or
Chapter 6 (commencing with Section 708. 010) of Division 2 to satisfy
any money judgment included in the judgment.
(c) Notwithstanding subdivisions (a) and (b), if so ordered in a
judgment for sale, a money judgment included in the judgment may only
be enforced as ordered by the court.

712.050. The return of a writ of possession or sale is governed by
Section 699.560 (return of writ of execution).

712.060. The court may appoint a receiver pursuant to Article 7
(commencing with Section 708.610) of Chapter 6 of Division 2 to
enforce a judgment for possession or sale of property.

712.070. Except as provided in Section 695.050, a judgment against
a public entity is enforceable under this division.