SECTIONS 714.010-714.030 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 714.010-714.030

714.010. (a) A judgment for possession of personal property may be
enforced by a writ of possession of personal property issued pursuant
to Section 712.010.
(b) In addition to the information required by Section 712.020,
the writ of possession of personal property shall contain the
following:
(1) A description of the property to be delivered to the judgment
creditor in satisfaction of the judgment.
(2) The value of the property if specified in the judgment or a
supplemental order.

714.020. (a) To execute the writ of possession of personal
property, the levying officer shall search for the property specified
in the writ and, if the property is in the possession of the
judgment debtor or an agent of the judgment debtor, take custody of
the property in the same manner as a levy under a writ of execution
on such property in the possession of the judgment debtor. Custody of
personal property used as a dwelling shall be taken as provided by
Section 700.080. Custody of property in a private place shall be
taken as provided by Section 699.030. If the levying officer obtains
possession of the property specified in the writ of possession, the
levying officer shall deliver the property to the judgment creditor
in satisfaction of the judgment.
(b) If the property specified in the writ of possession cannot be
taken into custody, the levying officer shall make a demand upon the
judgment debtor for the property if the judgment debtor can be
located. If custody of the property is not then obtained, the levying
officer shall so state in the return. Thereafter the judgment for
the possession of the property may be enforced in the same manner as
a money judgment for the value of the property as specified in the
judgment or a supplemental order.
(c) The writ of possession of personal property may, under the
circumstances described in subdivision (b), be treated as a writ of
execution.

714.030. (a) After entry of a judgment for possession of personal
property, and whether or not a writ of possession of personal
property has been issued, the judgment creditor may apply to the
court for an order directing the judgment debtor to transfer
possession of the property or documentary evidence of title to the
property or both to the judgment creditor. The application shall be
made on noticed motion if the court so directs or a court rule so
requires. Otherwise, the application may be made ex parte.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order.
(c) The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being held
in contempt of court.