Sac Sheriff

Civil Bureau

3341 Power Inn Road Suite 313
Sacramento, CA 95826
916-875-2665
Fax: 916-875-2664
email: civil@sacsheriff.com

Public hours
Office: 9:00 am - 3:00 pm
Drop box: 8:00 am - 5:00pm
Telephone: 9:00 am - 3:00 pm
Monday - Friday (excluding holidays and court closures)

The Civil Bureau Office remains closed to the public however there is a Sheriff Civil drop box located just inside the front entrance of the Family Relations Courthouse .

Formerly Civil Case Inquiry

e-SERVICES PORTAL

- Submit your requests online for the Sheriff to serve your civil process

- Look up existing Civil File Status using the Levying Officer File Number and Court Case Number

- Review the Civil Bureau service/levy requirements and obtain instruction forms all in one place

Civil Bureau Fee Schedule

The Civil Bureau serves Civil process in the manner prescribed by law. Civil process includes summons and complaints, small claims documents for a civil lawsuit, restraining orders, bench warrants, evictions and any other notice or order from the courts. We also levy on wages, bank accounts, vehicles or any asset of the judgment debtor. All requests for service or levy must include a signed letter of instructions to the Sheriff and a fee for service or order of the court waiving the Sheriff's fee for service. All documents must be received in our office a minimum of 10 days prior to the last day for service.

Public counter hours are Monday through Friday, 9:00am to 3:00pm, excluding holidays. A drop box is also available 8:00am to 5:00pm in the Civil Bureau lobby, suite 313.

The Sheriff provides a cost effective, credible service and successfully serves most defendants. However, the case is civil in nature and the Sheriff cannot utilize criminal investigative tactics such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process, therefore we cannot guarantee service.

Sheriff Sales

The listing(s) in this link is posted here for information purposes only. Updates, amendments and cancellations may occur on short notice. For the most current information, please view the posted sale notice in the Civil Bureau lobby, the 2nd floor of the County Courthouse located at 720 9th Street or Sacramento Main Library downtown.

Eviction Procedure

The procedure for eviction, once the writ is delivered to the Sheriff for serving, is spelled out in Section 1174 of the Code of Civil Procedure. From the date of service of the writ by the Sheriff the tenant is given five (5) days to vacate the premises. If the tenant fails to move out within the 5 day period, the Sheriff must conduct a forcible eviction. The Sheriff’s Office cannot provide legal advice or stop an eviction. If you received an eviction notice, it is your responsibility to seek legal advice and/or other assistance. The following are some community resources available that may be able to provide assistance. Because evictions are time sensitive, it is imperative you seek assistance as soon as possible.

211 Sacramento Community Resources

Change of Address Request

If you are a company or attorney and need to change your address with the Civil Bureau, please mail a signed request to change your address on your company letterhead and reference your Levy Officer File number, Court Case number and Case Title. If you are an individual, please fill out the Change of Address form and mail it to our office with a copy of your driver license.

Change of Address Form

Civil Process

Information Guides and Sheriff's Instructions forms are provided for most types of process service and enforcement actions to better inform the public of our policies and procedures. However, please be aware that only an attorney is allowed to give legal advice, not the Sheriff.

In an effort to improve processing time and reduce waste, when submitting documents to the Sheriff's Civil Bureau please use the guidelines below.

Documents and Mail Guidelines

Fees in General

Sheriff's Instructions

Sheriff's Instruction (Miscellaneous) form may be used if your process or enforcement action is not listed below under PROCESS SERVICE or ENFORCEMENT. If your matter involves a child custody case from a court outside California, you should telephone the Sacramento County District Attorney, Child Abduction Section (916-874-8750), which is specially funded and trained to be of assistance. Also, the Sheriff only serves judicial process and will not serve dunning or late payment notices, invoices, letters or other non-legal documents.
Sheriff's Instructions

Legal Entities

It is necessary to have a properly identified person on the writ for the Sheriff to perform any type of levy. If the debtor is not a natural person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.

Civil Process Types and Fees

BANK GARNISHMENT (WRIT OF EXECUTION)

Court Document required Original Writ of Execution-Money Judgment (form EJ-130); IF APPLICABLE: spousal affidavit (original and two copies); fictitious business name statement (one certified copy plus two copies); affidavit of identity (three copies); court order authorizing a levy on a third person’s bank account (original and two copies); application for writ of execution (three copies).
Purpose of Process The writ authorizes the Sheriff to serve a garnishment on the debtor’s bank. The bank is required to remit monies from the debtor’s account to the Sheriff or explain why funds will not be remitted.
Sheriff's Instructions Specify the name and physical address of the branch of the financial institution (bank, credit union, etc.) where the debtor’s account is located. Specify the name of the debtor whose account is to be garnished and any account information. Reference any additional document (affidavit of identity, spousal affidavit, fictitious business name statements court order to levy on a third party’s account.) The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The writ of execution expires 180 days after the issuance.
Method of Levy Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the financial institution. The bank is required to remit funds to the Sheriff or explain in the memorandum of garnishee any reason for not remitting funds.
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Sheriff Instructions

Original Writ of Execution-Money Judgment (form EJ-130)

Electronic Writ Declaration if applicable

Original and two copies of any spousal affidavit (if applicable)

One certified copy of an unexpired fictitious business name statement plus two copies (if applicable)

Three copies of an affidavit of identity (if applicable)

Original and two copies of a court order authorizing a levy on a third person’s bank account (if applicable)

One copy of the application for writ of execution (if applicable)

Information Guide
The creditor may instruct the Sheriff to levy on a judgment debtor's deposit account at a financial institution (bank, savings and loan, credit union) pursuant to a writ of execution (money judgment). A deposit account standing only in the name of the debtor or a joint account shared by the debtor and another person is subject to levy. The garnishment must be served at the specific branch where the account is maintained unless the Sheriff is otherwise directed by the particular bank as having a centralized location for service and only attaches those funds in the account at the time of service. The bank is required to mail the funds to the Sheriff within 10 days after service of the garnishment. If funds are not remitted, the bank must mail a memorandum of garnishee to the Sheriff explaining why the funds were not remitted. The Sheriff will mail a copy of the memorandum to the creditor.
If the account is a joint account standing in the name of the debtor and someone who is not a debtor, the bank will provide the name and address of the third party in the memorandum of garnishee. The Sheriff will notify the third party and wait 15 days for the third party to contest the levy. If the third party takes no action within the 15-day period, the Sheriff will mail a notice to the bank directing the bank to remit the funds to the Sheriff. A court order is required if the account stands in the name of a third party and is not shared with the debtor, unless the third party is a spouse.
A spousal affidavit is required to levy on an account standing in the name of a spouse who is not a named debtor, unless the account is shared with the debtor.
An unexpired, certified copy of a fictitious business name statement is required to levy on an account standing in the name of a fictitious business, e.g., John Smith dba Smith Enterprises. However, all parties listed as registrants in the fictitious business name statement must be either a debtor or the spouse of a debtor. The Sheriff cannot serve the garnishment if one of the registrants is not a debtor or spouse.
An affidavit of identity is required if the account stands in an alias name of the debtor that was added by the court when the clerk issued the writ.
A memorandum of garnishee that indicates the debtor’s account is direct deposit social security or public benefits account operates as a claim of exemption. The Sheriff will mail the memorandum together with instructions on how to oppose the exemption to the creditor. If the creditor does not timely oppose the exemption, the Sheriff must release the levy.

Bench Warrants Civil

Court Document required There is not a Judicial Council Form for a Bench Warrant, however, Sacramento County Courts have an adopted Local Court Form. Civil Division building The Bench Warrant must include the Code of Civil Procedures section which the respondent is going to be arrested under. BENCH WARRANTS MUST COME DIRECTLY FROM THE COURT TO THE SHERIFF.
Purpose of Process Notifies respondent of a hearing concerning their failure to appear pursuant to a subpoena or order or for failure to attend a hearing as a witness.
Sheriff's Instructions Provide the name and address and complete description of the person to be served and list the documents to be served. Must be signed and dated by the petitioner’s attorney, or the petitioner if the petitioner doesn’t have an attorney (Instructions to Serve Civil Bench Warrant Form below). Give the signed instructions for the Sheriff and the proper fee to the court to be forwarded directly to the Sheriff’s Office.
Time for Service Most Bench Warrants will have an expiration date and can be served any time prior to expiration.
Manner of Service Personal Service
Fee Fees are dependant upon the code section of arrest. See Fee Schedule
Proof of Service If service is made, a proof of service is sent to the issuing court along with the original Bench Warrant and a copy of the proof of service is sent to the Requestor. If service is not made, the Bench Warrant and a proof of not found/no service explaining the reason for non-service are mailed to the court of issuance and a copy of the proof of not found service is mailed to the Requestor.
Local Court Form Civil Bench Warrant Form Fee Schedule
Checklist

Proper fee deposit

Original Bench Warrant

Sheriff’s Instructions

Information Guide
In a civil law action, the court can issue a Bench Warrant pursuant to various Codes of Civil Procedure. A person may not be arrested and imprisoned for a civil debt or tort. However, a person is subject to arrest for disobeying a court order or subpoena. The most commonly issued bench warrant is issued pursuant to CCP 1993. A chief characteristic of a Warrant issued pursuant to 1993 CCP is a determination by the Court of the immediacy to produce the arrestee in Court to testify or comply with a Court order. The Court will not even Order the issuance of the Warrant for a Witness without leave to release the Person on a promise to appear unless it determines that the person's immediate presence is required. 1993 (2)(2) CCP When a respondent is served with a CCP 1993 bench warrant, they are given a Promise to Appear and a court date is assigned. The requestor is given the court information on the proof of service provided by the Sheriff.
The Sheriff will make various attempts to serve the process at various times during normal business hours. After the respondent is served, the Sheriff will mail a proof of service to the Requestor and send a proof of service with the original Bench Warrant to the court. If service has not been made, the original Bench Warrant will be returned to the court together with a proof of not found/no service detailing the reasons for non-service.

Business Seizure (Writ of Attachment)

Court Document required Original Writ of Attachment (form AT 135); two copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.) and Undertaking; two copies of the summons and complaint (form 982a16) if the Writ is issued ex parte, if not already served. If the Summons and Complaint is served by someone else, it needs to be indicated on the letter of instructions.
Purpose of Process A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory. The inventory is moved to storage after two days if the defendant is not a natural person (corporation, partnership, etc.) or 10 days if the defendant is a natural person. The Sheriff holds the property and cash proceeds until the lawsuit is adjudicated.
Sheriff's Instructions Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff’s instructions.
Time for Service The Writ of Attachment expires 60 days after receipt by the Sheriff.
Meathod of Levy The method of levy is seizure by placing a keeper at the business, collecting cash proceeds and storing the property until the case is adjudicated.
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

Original Writ of Attachment

Two copies of the order for issuance of writ

Undertaking

Two copies of summons and complaint (if not previously served)

Sheriff’s Instructions

Information Guide
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The Sheriff places a keeper (custodian) in the business to collect sales proceeds, to prevent the removal of any stock-in-trade and to prepare an inventory. The property is moved to storage at the end of 2 days (if the defendant is a natural person, corporation, partnership, LLC, etc.) or 10 days (if the defendant is a natural person and the writ is issued ex parte). The Sheriff holds all monies and property pending the outcome of the lawsuit. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.
Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.
The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons.
Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte).
The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the number of keepers utilized and the duration of the levy. The plaintiff should call the Sheriff to determine the levy fee amount. The advanced fee deposit is the total of the Sheriff’s levy fees plus the estimated costs for moving and storage.

Claims and Delivery (Writ of Possession)

Court Document required Original After Hearing Writ of Possession - Claim and Delivery (form CD-130); three copies of the Order for Writ of Possession (form CD-120); three copies of the undertaking (if no undertaking is required it must be indicated in the order the amount of the defendants undertaking required to release the property CCP 510.010). Original Ex Parte Writ of Possession - Claim and Delivery (form CD-130); three copies of the Order for Writ of Possession (form CD-120); three copies of the undertaking; three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110); three copies of the Application for Writ of Possession (form CD-100); three copies of any affidavits in support; two copies of the summons and complaint (if not previously served).
Purpose of Process The Writ of Possession (Claim and Delivery) directs the Sheriff to seize and store the property for 10 days. If the defendant does not post a redelivery bond, the property is transferred to the plaintiff.
Sheriff's Instructions Describe the property and specify the address where it is located. Indicate whether the defendant has appeared in the action (ex parte writ only). The plaintiff’s attorney, or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff’s instructions.
Time for Service The writ expires 60 days after issuance.
Meathod of Levy The method of levy is seizure in which the Sheriff seizes the property from the possession of the defendant and stores it for 10 days.
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

Original Writ of Possession - Claim and Delivery (form CD-130)

Three copies of the Order for Writ of Possession (form CD-120) (after hearing and ex parte)

Three copies of the undertaking unless undertaking not required by the court

Three copies of the undertaking (ex parte writ only) if being served by Sheriff

Three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110) (ex parte writ only) if being served by Sheriff

Three copies of the Application for Writ of Possession (form CD-100) (ex parte writ only) if being served by Sheriff

Three copies of any affidavits in support if being served by Sheriff

Two copies of the summons and complaint (if not previously served) if being served by Sheriff

Sheriff’s Instructions

Information Guide
In a claim and delivery action the lawsuit is for ownership of personal property. A writ of possession (claim and delivery) directs the Sheriff to seize the property and store it for 10 days. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of the writ. However, the court may issue a writ of possession ex parte without notice to the defendant under certain circumstances. Usually, the court requires the plaintiff to post an undertaking to protect (indemnify) the defendant from a wrongful seizure. If the defendant does not post a redelivery bond protecting (indemnifying) the plaintiff within the 10-day period, the Sheriff will deliver the property to the plaintiff, who must hold it until a judgment is rendered in the lawsuit.
Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.
The Sheriff must serve copies of the writ and other court documents on the defendant. If the writ of possession was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must indicate whether the defendant appeared in the action if the writ was issued ex parte.
The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the need to utilize a keeper while the property is being removed. The plaintiff should call the Sheriff to determine the levy fee amount. The advanced fee deposit is the total of the Sheriff’s levy fees plus the estimated costs for moving and storage.
If the Order for Issuance of the Writ includes an order directing transfer and the property is not at the location, the Sheriff will personally serve the order on the defendant. The Order directing transfer commands the defendant to surrender the property directly to the plaintiff and is used as an aid, not a substitute for seizure by the Sheriff. Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

Earnings Witholding Order

Court Document required Original Writ of Execution (Money Judgment) (form EJ-130). Application for Earnings Withholding Order (form 982.5(1)). Confidential Statement of Judgment Debtor’s Social Security Number (form WG-035) If necessary. Application for Issuance of Writ of Execution (support writ only)
Purpose of Process The employer is required to remit 25% of the debtor’s disposable earnings to the Sheriff for payment to the creditor. If the writ of execution is for support, the amount withheld is 50%.
Sheriff's Instructions None. The Application for Earnings Withholding Order is required instead. If you know the debtors social security number, you must complete and attach the Confidential Statement of Judgment Debtor’s Social Security Number (form WG-035) Form WG-035. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The Earnings Withholding Order remains in effect until fully satisfied, released, is determined to be ineffective or 10 years from the judgment date or renewal of judgment whichever comes first and must be served no later than 180 days after the issuance of the Writ of Execution. If for support, the withholding order remains in effect until it is paid in full.
Manner of Service All services must be made at a physical address with the exception of Federal employees. The Sheriff will serve the Earnings Withholding Order by certified mail return receipt requested. If the certified mail receipt is not received from the employer within 45 days after mailing, the Sheriff will attempt personal service. Some locations receiving large amounts of Earnings Withholding Orders are personally served initially rather than mailed through certified mail. Only Federal Government employees may be served at a P.O. Box located out of state, if we do not receive the certified mail return receipt from the Federal employer we will not attempt personal service. The vast majority of withholding orders are successfully served by mail.
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. However, a copy of the Employer’s Return is mailed to the creditor upon receipt by the Sheriff.
Application for Earnings Withholding Order Form WG-035 Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Execution (Money Judgment)

Electronic Writ Declaration if applicable

Original Application for Earnings Withholding Order

Copy of Application for Issuance of Writ of Execution (support writ only)

Submit to the Sheriff no later than 120 days after issuance of the Writ of Execution

Information Guide
An Earnings Withholding Order (wage garnishment) requires an employer to withhold and remit 25% of the debtor’s disposable earnings (net income) to the Sheriff for payment to the creditor. The withholding amount is 50% if the writ is for spousal or child support. The Earnings Withholding Order remains in effect until the judgment is paid, the debtor ceases to work for that employer, a higher priority Earnings Withholding Order takes effect (such as an Earnings Withholding Order for child support) or the Order is terminated by operation of law (court order or failure to file Opposition to Claim of Exemption.) If the earnings withholding order is not for spousal or child support, the debtor may file a claim of exemption with the Sheriff in an attempt to terminate the wage garnishment or to reduce the withholding amount. The Sheriff will mail a copy of any claim of exemption and instructions on how to oppose the claim to the creditor. The wages of a spouse not listed as a debtor on the writ of execution may only be garnished pursuant to a court order.
The Earnings Withholding Order includes a warning to the employer stating, "It is illegal not to pay amounts withheld for the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the levying officer who will pay the money in accordance with the laws that apply to this case. If you violate any of these laws, you may be held liable to pay civil damages and you may be subject to criminal prosecution." The Sheriff’s responsibilities are limited to serving the earnings withholding order and receiving and disbursing collected monies. The Sheriff cannot call or otherwise attempt to compel an employer to comply with the wage garnishment. CCP 708.21 et seq. provides for a creditor’s lawsuit. CCP 708.120 provides for an order to examine the records of the employer.
Earnings Withholding Order FAQ's

Keeper 8 Hour (Writ of Attachment)

Court Document required Original Writ of Attachment (form AT 135); three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint (form 982a16), if writ issued ex-parte and if not already served and two copies of the undertaking.
Purpose of Process A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory.
Sheriff's Instructions Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff's Instructions.
Time for Service The Writ of Attachment expires 60 days after receipt by the Sheriff.
Manner of levy The method of levy is seizure by placing a Sheriff’s keeper in the defendant’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period.
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

Original Writ of Attachment (form AT 135)

Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130)

Two copies of Undertaking

Two copies of the summons and complaint (form 982a16), if not already served

Sheriff’s Instructions

Information Guide
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated or 3 years whichever comes first (CCP 488.510). Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The placement of a keeper in the defendant’s business for an 8-hour period is a relatively inexpensive form of seizure and is particularly useful when used as a "fact-finding mission" to identify equipment and inventory at the defendant’s business. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade unless paid for. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.
The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)

Keeper 8 Hour (Writ of Execution)

Court Document required Original Writ of Execution (Money Judgment) (form EJ-130)
Purpose of Process The writ authorizes Sheriff to seize the debtor’s property to satisfy a money judgment
Sheriff's Instructions Specify the name and address of debtor’s business. Must be signed and dated by the creditor’s attorney, or the creditor if the creditor doesn’t have an attorney. Sheriff's Instructions Form If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The writ of execution expires 180 days after the issuance.
Manner of levy The method of levy is seizure by placing a Sheriff’s keeper in the debtor’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period
Fee See Fee Schedule
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Execution (Money Judgment)

Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130)

Electronic Writ Declaration if applicable

Sheriff’s Instructions

Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution

Information Guide
Seizure is the method of levy for personal property in the possession of the debtor. If the debtor has a business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively inexpensive form of seizure. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade or equipment unless paid for.
The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation, partnership, etc.) If an exemption is filed, the Sheriff will mail a copy of the claim and instructions for opposing the exemption to the creditor.
Property belonging to the debtor that is not in the possession of the debtor must be garnished and cannot be seized. A keeper levy cannot be made if the Sheriff determines that the business is not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because the corporation is not a named debtor. The wages owed to John Smith by the corporation may be levied by garnishment (earnings withholding order.)

Order to Show Cause (Family Law)

Court Document required Order to Show Cause (form FL-300), Application for Order and Supporting Declaration (form FL-310), Blank Responsive Declaration (form FL-320), any additional documents listed in the Order to Show Cause 1 COMPLETE COPY OF EVERYTHING TO BE SERVED
Purpose of Process Notifies respondent of a hearing concerning various issues and restrains the respondent from certain activities and conduct
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the petitioner’s attorney, or the petitioner if the petitioner doesn’t have an attorney. Sheriff's Instruction Form.
Time for Service The OSC must be served 21 days prior to the hearing
Manner of Service Personal Service
Fee See Fee Schedule
Proof of Service If service is made, a proof of service is sent to court and the requestor. If service is not made, the OSC and a Proof of Service of not found/no service explaining the reason is mailed to the requestor.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

Order to Show Cause (form FL-300) 1 complete copy

Application for Order and Supporting Declaration (form FL-310) 1 complete copy

Blank Responsive Declaration (form FL-320) 1 complete copy

Any additional documents listed in the Order to Show Cause 1 complete copy

Sheriff’s Instructions

Information Guide
In a family law action for divorce, annulment or separation, the court can issue a number of orders to protect people and property. A summons and petition are the process used by the Superior Court to obtain jurisdiction of the case. If immediate relief is sought, the petitioner may petition the court for an order to show cause and temporary order. The order to show cause (OSC) is a notice of motion advising the respondent to appear at a hearing to determine whether a long term injunction prohibiting certain activities should be issued. The OSC should be given to the Sheriff without delay because service must be made 21 days before the hearing.
The Sheriff will make various attempts to serve the process, at various times during normal business hours. After the respondent is served, the Sheriff will mail a proof of service to the Requestor and file a proof of service with the court. If service has not been made, the OSC will be returned to the Requestor together with a proof of not found/no service detailing the reasons for non-service. A not found fee is charged if any attempts are made or the respondent doesn’t live or work at the address. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to affect service.

Notice of Hearing and Temporary Restraining Order (Domestic Violence Prevention)

Court Document required Notice of Hearing (form DV-109) Temporary Restraining Order (form DV-110), Request for Order (form DV-100), Description of Abuse (form DV-101) Blank Answer to Temporary Restraining Order (form DV-120) any other documents listed in the Notice of Hearing and one copy of Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED
Purpose of Process Notifies respondent of a hearing concerning various issues and restrains certain activities and conduct of the respondent until the hearing
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. The petitioner's attorney or the petitioner (if the petitioner doesn't have an attorney) must sign and date the Sheriff's Instruction Form.
Time for Service The NOH/TRO must be served five days before the hearing date unless the time is shortened by the court.
Manner of Service Personal Service
Fee None - Provide copy of the Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts.
Proof of Service If service is made, a proof of service is sent to court and proof of service is mailed to the requestor. If service is not made, the NOH/TRO and a proof of not found/no service explaining the reason for non-service are mailed to the requestor.
Sheriff Instructions
Checklist

Notice of Hearing (form DV-109) 1 complete copy

Temporary Restraining Order (form DV-110) 1 complete copy

Request for Order (form DV-100) 1 complete copy

Description of Abuse (form DV-101)

Blank Answer to Temporary Restraining Order (form DV-120) 1 complete copy

Any other documents listed in the Notice of Hearing 1 complete copy

Sheriff’s Instructions

Information Guide
The Domestic Violence Act is designed to curb violence and sexual abuse by separating the parties and restraining certain activities and conduct. The Act protects a spouse, former spouse, cohabitant, relative, child and a person with a dating relationship to the restrained person. The petitioner may petition the court for a notice of hearing and temporary restraining order to protect people and property. The notice of hearing (NOH) is a notice of motion advising the respondent to appear at a hearing to determine whether a long term injunction prohibiting certain activities should be issued. The temporary restraining order (TRO) restrains the respondent from certain activities and types of conduct for a limited period of time. If the TRO includes a removal order, the Sheriff will immediately move the respondent from the address and allow the respondent to take only personal clothing and effects needed until the hearing. The NOH/TRO should be given to the Sheriff without delay because any restraining orders must be entered in the Domestic Violence Restraining Order System (DVROS).
The NOH/TRO must be served five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH/TRO without charge. If the NOH/TRO is served by someone other than the Sheriff, you or the person who served the documents must file the proof of service with the court. The respondent is subject to immediate arrest for violating the court's orders if DVROS indicates the NOH/TRO has been served.
The Sheriff accords a very high priority to restraining orders involving threatened violence. The Sheriff will make various attempts to serve the process, at various times during normal business hours. After the respondent is served, the Sheriff will mail a proof of service to the requestor and file a proof of service with the court. If service has not been made, the NOH/TRO will be returned to the petitioner together with a proof of not found/no service detailing the reasons for non-service. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Notice of Hearing and Temporary Restraining Order (Harassment)

Court Document required Notice of Hearing and Temporary Restraining Order (form CH-120); Request for Orders to Stop Harassment (form CH-100); blank Answer to Request for Orders to Stop Harassment (form CH-110); any other documents listed in the NOH/TRO and one copy of Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED
Purpose of Process Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff's attorney, or the plaintiff if the plaintiff doesn't have an attorney. Sheriff's Instruction Form.
Time for Service The NOH/TRO must be served at least five days before the hearing, unless shortened by the court
Manner of Service Personal Service
Fee See Fee Schedule and Order of Protection
Proof of Service If service is made, a proof of service is sent to court and notice of service is mailed to the requestor. If service is not made, the NOH/TRO and a proof of not found/no service explaining the reason for non-service are mailed to the requestor.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

Notice of Hearing (form CH-100)

Temporary Restraining Order (Harassment) (form CH-120) 1 complete copy

Request for Orders to Stop Harassment (form CH-100) 1 complete copy

Answer to Request for Orders to Stop Harassment (form CH-110) 1 complete copy

Any other documents listed in the NOH/TRO 1 complete copy

Sheriff’s Instructions

Request and Order for Free Service of Restraining Order if documents were issued from Sacramento County Courts

Information Guide
In a civil harassment case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a Notice of Hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. Notice of Hearing (NOH) is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH/TRO should be given to the Sheriff without delay because any restraining orders must be entered in the Domestic Violence Restraining Order System (DVROS).
The NOH/TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH /TRO without charge if it includes protective orders. If the NOH /TRO is served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court's orders if DVROS indicates the NOH /TRO has been served.
The Sheriff accords a very high priority to restraining orders where violence is threatened. The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the NOH/TRO is served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH/TRO and a proof of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service

Personal Property (Writ of Possession) - Execution

Court Document required Original Writ of Possession (Personal Property) (form EJ-130)
Purpose of Process The writ authorizes the Sheriff to seize specific personal property for immediate delivery to the creditor
Sheriff's Instructions Provide a specific description of the property and the address where the property is located. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instruction Form. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The writ expires 180 days after the issuance.
Manner of Levy The method of levy is seizure in which the Sheriff seizes the property and immediately gives it to the creditor.
Fee See Fee Schedule and Order of Protection
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Possession (Personal Property)

Electronic Writ Declaration if applicable

Submit to the Sheriff no later than 150 days after issuance of the writ

Information Guide
A Writ of Possession (Personal Property) authorizes the Sheriff to seize personal property listed on the writ and immediately deliver it to the creditor. The Sheriff cannot accept money from the debtor in lieu of the property because the judgment is for possession (ownership). However, the writ may be used to collect money if the writ specifies a value for the property and the Sheriff cannot find the property. Property that is not in the possession of the debtor or the debtor’s agent cannot be seized.
The Sheriff will schedule a date and time for the levy. The Sheriff and creditor will confer to determine the best process to turn over the property.
The Sheriff will serve a copy of the writ and notice of levy on the debtor (or the debtor’s agent), explain the nature of the levy, demand delivery of the property and maintain the peace while the property is being removed. However, if the property is found to be in a private place the Sheriff cannot seize it without a private place order that was issued pursuant to CCP 699.030 unless the debtor voluntarily agrees to the seizure. Consequently, creditors are strongly advised to obtain a private place order in addition to the writ of execution.
The creditor should contact the Sheriff to ascertain the correct amount of the fee deposit, which may vary depending on whether a Sheriff’s keeper must be utilized.

Plaintiff's Claim and Order to Go to Small Claims Court

Court Document required One complete copy per defendant of the Plaintiff's Claim and Order to Go to Small Claims Court (form SC-100)
Purpose of Process The small claims court acquires jurisdiction to hear the case when the Plaintiff’s Claim and Order to Defendant is served on the defendant.
Sheriff's Instructions The creditor must sign and date the instructions. It must include the name and address where the defendant can be reached during our normal business hours. Sheriff's Instructions.
Time for Service The Sheriff must receive the process no later than ten days prior to the last day for service.
Manner of Levy The defendant may be served by personal or substituted service. Personal service must be made not less than 15 days before the hearing, or 20 days if the small claims court hearing is in another county. Substitute service must be made at least 25 days before the hearing, or 30 days if the court is in another county.
Fee See Fee Schedule and Order of Protection
Proof of Service The Sheriff will mail a proof of Service to the court and a Notice of Service to the plaintiff if the Claim is served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit per person

Sheriff Instructions

1 complete copy of Plaintiff’s Claim and Order to Go to Small Claims Court

Deliver to the proper Sheriff’s civil process Branch office at least four weeks before the hearing date

Information Guide
A small claims case cannot be heard until the defendant (the person sued) is served with a copy of the Plaintiff’s Claim and Order to Defendant. The Plaintiff’s Claim and Order to Defendant may be personally served at least 15 days before the hearing if the place of service and the court are in the same county. If the court is in another county, personal service must be made at least 20 days before the hearing. Service may also be made by substitution in which a copy of the Plaintiff’s Claim and Order to Defendant is left with a suitable person at the defendant’s usual place of abode (residence) , employment or mailing address and a copy mailed to the defendant at that address. Substitute service must be made at least 25 days before the hearing or 30 days if the court is in another county. The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the defendant is served, the Sheriff will file a proof of service with the court and mail a notice of service to the plaintiff. If service is unsuccessful, the Sheriff will mail a proof of not found/no service detailing the reasons for non-service to the plaintiff.

Real Property (Writ of Execution)

Court Document required Original Writ of Execution-Money Judgment (form EJ-130)
Purpose of Process The writ authorizes the Sheriff to levy and sell the debtor’s right, title and interest in real property to satisfy a money judgment
Sheriff's Instructions Describe the real property by specifying the address, parcel number (APN) and legal description, any third parties, record owner and whether there is a leasehold interest. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The writ of execution expires 180 days after the issuance.
Manner of Levy The method of levy is posting of the property, serving the debtor and filing a lien with the County Clerk Recorder to sell the debtor’s right, title and interest in the real property at a public auction.
Fee See Fee Schedule and Order of Protection
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Execution (Money Judgment)

Electronic Writ Declaration if applicable

Sheriff’s Instructions

Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution

Information Guide
The creditor may instruct the Sheriff to sell the judgment debtors rights, title and interest in real property. The Sheriff must post a Notice of Levy at the property location and record the notice with the County Clerk Recorder. Real Property levies are very complex due to the myriad of components that can apply and are required to be performed. If the real property contains a dwelling, in addition to other requested items, the following are required during the process: an application for order for sale of a dwelling, order for sale, possibly a proof of service for a second chance hearing. The Sale Notice shall be published and posted prior to the sale and a minimum bid may be required dependant upon the circumstances. Information regarding real property levies, sales and exemptions can be found in the following Code of Civil Procedures CCP 701.510-704.995. It is recommended you contact an attorney with any questions you have regarding the procedures required.
The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to the judgment debtors exemption or if a minimum bid is required. All bidders at the auction are advised that the Sheriff is only selling the judgment debtors right, title and interest in the property.

Summons and Complaints

Court Document required Summons and Complaint (form 982(a)(9)), and any other documents required to be served. 1 COMPLETE COPY OF EVERYTHING TO BE SERVED
Purpose of Process The court obtains jurisdiction of the case when the summons and complaint is served
Sheriff's Instructions Specify the name and address of the defendant (or agent) to be served; indicate any Trial Court Reduction time period imposed by the court and list all documents to be served. Any designee of the plaintiff may sign and date the instructions if prior to judgment. Sheriff's Instructions.
Time for Service There is no time limit on the service of a Summons
Manner of Service Personal Service or Substitute Service
Fee See Fee Schedule and Order of Protection
Proof of Service The Sheriff mails a Proof of Service to the plaintiff if the summons and complaint are served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

1 complete copy of the Summons and Complaint

1 complete copy of any other required documents (Statement of Damages, Case Assignment, etc.)

Sheriff’s Instructions

Information Guide
The court acquires jurisdiction to hear a case when the summons and complaint is served on the defendant. The Summons advises the defendant to file a written response with the court within a specified time, usually 30 days. The Complaint describes the nature of the lawsuit.
Due to a large volume of process, allow the Sheriff a minimum of two weeks to make a diligent effort to effect service. The Sheriff will make various attempts to serve the process, at various times during normal business hours. If the defendant is a natural person, service by substitution may be on the third attempt by leaving a copy of the summons and complaint with a suitable person at the service address and mailing a copy to the defendant. If the defendant is not a natural person (corporation, partnership, etc.), substitute service may be made on the first attempt (due diligence is not required.) The address for service must be the defendant’s usual place of abode (residence), business or mailing address. If the Sheriff cannot effect service or it is determined that the defendant does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Proof of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to plaintiff indicating the date, time, person served and method of service.

Summons and Petition, Standard Restraining Order

Court Document required Summons and Petition, Blank Response any other required documents 1 COMPLETE COPY OF EVERYTHING TO BE SERVED
Purpose of Process The court obtains jurisdiction of the case when the summons and petition is served. The parties are also restrained from removing minor children and transferring community property.
Sheriff's Instructions Specify the name and address of the respondent; indicate any Trial Court Reduction time period imposed by the court; list all documents to be served. The petitioner’s attorney or the petitioner (if the petitioner doesn’t have an attorney) must sign and date the See Sheriff's Instructions.
Time for Service There is no time limit on the service of a Summons and Petition
Manner of Service Personal Service
Fee See Fee Schedule and Order of Protection
Proof of Service The Sheriff mails a Proof of Service to the requestor if the summons and petition are served. If not served, a Not Found/No Service return is mailed to the requestor explaining the reason for non-service.
Sheriff Instructions Fee Schedule
Checklist

Proper fee deposit

1 complete copy of the Summons and Petition, Blank Response any other required documents

Sheriff’s Instructions

Information Guide
A Summons is the process used by the court to obtain jurisdiction in a dissolution, annulment or legal separation lawsuit. The Summons also includes a temporary restraining order that restrains the parties from removing minor children and transferring community property.
Due to a large volume of process, allow the Sheriff a minimum of 3 weeks to make a diligent effort to effect service. The Sheriff will make various attempts to serve the process at various times during normal business hours. If the Sheriff cannot effect service or it is determined that the respondent does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Proof of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to requestor indicating the date and time of service.

Vehicle Levy (Writ of Execution)

Court Document required Original Writ of Execution-Money Judgment (form EJ-130)
Purpose of Process The writ authorizes the Sheriff to seize and sell the debtor’s vehicle to satisfy a money judgment
Sheriff's Instructions Describe the vehicle and specify the address where the vehicle can be found. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the Court issued the writ electronically, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The writ of execution expires 180 days after the issuance.
Manner of Levy The method of levy is seizure in which the Sheriff seizes, stores and sells the debtor’s vehicle at a public auction.
Fee See Fee Schedule and Order of Protection
Proof of Service A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the vehicle is seized.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Execution (Money Judgment)

Electronic Writ Declaration if applicable

Sheriff’s Instructions

Submit to the Sheriff no later than 160 days after issuance of the Writ of Execution

Information Guide
The creditor may instruct the Sheriff to seize, store and sell a vehicle in the possession of the debtor. However, the Sheriff cannot enter a private place such as a garage to seize the vehicle without a private place order issued by the court pursuant to CCP 699.030. Property that is not in the possession of the debtor cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the debtor or the debtor’s agent.
The Sheriff must notify the vehicle’s legal owner of the seizure. A legal owner (bank, credit union, etc.) may file a third party claim based on a security interest (loan) with an unpaid balance. The minimum sale price at the Sheriff’s auction is pursuant to the exemption listed in CCP 704.010 if the vehicle is the only vehicle registered to the debtor. Otherwise, the Sheriff will sell the vehicle to the highest bidder. The debtor may claim an exemption if the debtor is an individual (not a corporation or partnership). The Sheriff will mail to the creditor any claim of exemption and instructions on how to oppose the exemption. The creditor should weigh the feasibility of levying on a vehicle and take into consideration Sheriff’s fees and costs, any outstanding balance owed the legal owner and the amount of any exemption. The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to the single vehicle exemption if a minimum bid is required.

Writ of Possession (Real Property) - Eviction

Court Document required Original Writ of Possession (Real Property) (EJ-130)
Purpose of Process Evict occupants and place creditor in peaceful possession of real property
Sheriff's Instructions Provide address of property from which occupants are to be evicted; provide name and telephone number of the person who will meet the Sheriff to take possession of the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the Sheriff's Instructions. If the court issued the writ electronically, AND YOU ARE NOT USING OUR INSTRUCTION FORM, your instructions shall contain all the identified information pursuant to CCP 687.010(e) OR complete the Electronic Writ Declaration.
Time for Service The Sheriff will serve a 5-Day Notice to Vacate within 2 business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.
Manner of Service The 5-day notice to vacate may be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s). After the expiration of the 5-day notice, a deputy will remove anyone who remains on the premises. Any property of the tenant left on the premises will be turned over to the landlord for storage for the legally determined amount of time.
Fee See Fee Schedule and Order of Protection
Proof of Service After the eviction is completed, the Sheriff will provide the landlord with a receipt for possession and send the writ together with the Sheriff’s Return to the issuing court. A proof of service is not issued. Instead, a Return to Court detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.
Sheriff Instructions Electronic Writ Declaration Fee Schedule
Checklist

Proper fee deposit

Original Writ of Possession (Real Property)

Electronic Writ Declaration if applicable

Submit to the Sheriff no later than 150 days after the issuance date of the Writ of Possession

Sheriff's Instructions

Information Guide
After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) which authorizes the Sheriff to remove (evict) the occupants from the property. The Sheriff will typically serve a 5-day Notice to Vacate within 2 business days after receiving the writ. The eviction is scheduled as soon as possible after the expiration of the 5-day period. Usually the landlord is notified by phone on the day of the eviction and given a time to meet the deputy at the location. The landlord/attorney should immediately notify the Sheriff if the landlord wants to cancel the eviction.
A person who is not listed as a debtor on the writ of execution may file a Claim of Right to Possession. Upon receipt of the Claim to Right of Possession, the Sheriff must stop the eviction and send the Claim to the court that issued the writ. If the claimant posts a filing fee with the court, a hearing will be set to determine the validity of the claim. If the claimant does not post the filing fee or if it is determined at the hearing that the claim is not valid, the court will issue an order directing the Sheriff to proceed with the eviction. However, the Sheriff will not accept a claim of right to possession if the writ indicates that a prejudgment claim of right to possession was served with the summons and complaint pursuant to CCP 415.46. Also, the Sheriff will not accept another claim of right to possession after the court issues an order to evict all persons following a claim of right to possession hearing.
If the debtor tenant files bankruptcy after judgment for possession was issued in the unlawful detainer lawsuit, the landlord creditor may instruct the Sheriff in writing to proceed with the eviction only if the debtor did not list the judgment for possession on the bankruptcy petition or wait until the landlord obtains an order (lift order) from the bankruptcy court.
After the tenants have been removed from the premises, the Sheriff will give the landlord a receipt for possession. If the occupants re-enter the premises, the landlord may summon the local law enforcement (whoever has the local jurisdiction) and show the responding officers the receipt for possession. Anyone who reenters the premises after being evicted is subject to arrest for a misdemeanor violation of Penal Code section 419. The landlord is responsible for safekeeping any property of the tenant remaining on the premises after the eviction for up to 15 days. The tenant’s property may be moved to storage and reasonable storage costs assessed.

Claim of Exemption

Court Document required Wage Garnishment: (below)
Enforcement of Judgment: (below)
Purpose of Process The debtor can file a Claim of Exemption to claim a part or all of the property levied upon to be exempt from levy. The filing of the claim does not stop the levy but merely stops the Sheriff from disbursing the proceeds collected until the claim is determined.
Sheriff's Instructions None. The debtor files the Claim of Exemption and Financial Statement, if required, with the Sheriff
Time for Service The Claim of Exemption for Earnings Withholding Order can be filed at any time. The Claim of Exemption of Enforcement of Judgment must be filed within 15 days from the date the debtor was mailed the Notice of Levy.
Manner of Service Debtor may mail or hand deliver the document for the claim to the Sheriff. The Sheriff will serve the creditor all documents by mail.
Fee None
Proof of Service None
Wage Garnishment Forms:
Claim of Exemption for Wage Garnishment Judicial Council Form WG-006
Financial Statement Judicial Council Form WG-007
Notice of Opposition to Claim of Exemption Wage Garnishment WG-009
Notice of Hearing on Claim of Exemption Wage Garnishment WG-010
Enforcement of Judgment Forms:
Claim of Exemptions Enforcement of Judgment Judicial Council Form EJ-160
Financial Statement Judicial Council Form EJ-165 - IF BOX #7 IS MARKED ON THE CLAIM OF EXEMPTIONS
Notice of Opposition to Claim of Exemption Enforcement of Judgment EJ-170
Notice of Hearing on the Claim of Exemption Enforcement of Judgment EJ-175
Checklist

debtors

- Original Claim form plus one copy

- Original Financial Statement plus one copy (if required)

- Two complete copies of any supporting documentation

Creditor

- Opposition to Claim of Exemption Original plus one copy for Earnings Withholding Orders and only 1 copy if for Enforcement of Judgment (original is filed with the court)

- Notice of Hearing

- Any supporting documentation

Information Guide
Filing a claim of exemption does not stop the garnishment. The Levying Officer (Sheriff) holds the funds garnished until the outcome of the claim has been decided.
Wages
After the Claim is received, the Levying Officer (Sheriff) sends a copy of the claim and financial statement to the Creditor or their Attorney along with Notice of filing claim of exemption. Creditor/Attorney has 10 days from the date the notice and copy of the claim was mailed to him/her, to oppose the claim. Original notice of opposition form WG-009 must be delivered to the Levying Officer (Sheriff). A copy of the Notice of Hearing WG-010 must be delivered to the Levying Officer (Sheriff) within 10 days after the Notice of Opposition was delivered. The Levying Officer will send the Notice of Opposition and Notice of Hearing along with the original Claim of Exemption to the court, and await an Order Determining Claim of Exemption from the court.
If Creditor/Attorney does not file the Notice of Opposition or Notice of Hearing timely, the Levying Officer releases the funds claimed to be exempt either by sending a Modification or Release to the employer based on what was claimed to be exempt per CCP 706.105.
Enforcement of Judgment
A Claim of Exemption on a bank levy/third party levy, using Claim of Exemption form EJ-160, may be filed by the debtor/debtor’s attorney, or debtor’s spouse pursuant to CCP 703.020, within 15 days from when the debtor is mailed their copy of the notice of levy (10 days if notice is served personally) per CCP 703.520, 684.120. If the debtor marks box 7 on the claim form, a Financial Statement form EJ-165 must accompany the Claim of Exemption per CCP 703.530.
A copy of debtor’s claim is mailed to creditor/attorney along with notice of filing claim of exemption. The creditor/attorney has 15 days from the date the notice and claim was mailed, to file the original with the court and deliver to the Levying Officer a copy of the Notice of Opposition form# EJ-170 and Notice Hearing form# EJ-175 per CCP 703.550
Levying Officer sends copies of the Notice of Opposition, Notice of Hearing and Original Claim of Exemption to the Court and awaits the Court’s Order Determining Claim of Exemption.
If Notice of Opposition or Notice of Hearing is not received timely, the Levying Officer releases the property claimed to be exempt per CCP 703.550

Third Party Claims

FAQs

Landlord/Tenant Information

The following material has been prepared by the Sacramento County Sheriff's Office to clarify some questions concerning Landlord-Tenant disputes. The various steps required to obtain a judgment in court can be complex. It is, therefore, always recommended that an attorney be contacted. No one else is authorized to give legal advice. The Sacramento Unlawful Detainer section of the Superior Court also provides an advisory clinic to answer questions and give guidance in the process.
ILLEGAL EVICTION. The property owner desiring to recover premises occupied by a tenant must follow certain legal procedures and cannot resort to "self help."
Superior Court of California County of Sacramento Landlord/Tenant Tenant FAQs Landlord FAQs
789.3 Civil Code

A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.

In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:

- Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;

- Remove outside doors or windows; or

- Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant . . .

Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to . . . (motels or hotels.)

Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:

- Actual damages of the tenant.

- An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action . . .

TENANT NOTICES
Various types of notices are available at stationary stores. For example, a 3 day notice to pay rent or quit may be used if the tenant is behind on the rent. Or, a 30 day notice to terminate may be appropriate if rent is paid monthly. The proper notice must be legally served on the tenant. The Sheriff may be utilized to serve the notice, but someone other than the Sheriff may serve it. While there are alternative methods of service allowed by law, the notice is generally served personally upon the tenant.
UNLAWFUL DETAINER LAWSUIT
If the tenant refuses to move out under terms of the notice, a complaint must be filed in the proper court for recovery of possession of the premises. This action is termed "Unlawful Detainer."
SUMMONS AND COMPLAINT
Unlawful Detainer. After the complaint is filed, the court will issue a summons. A copy of this summons and a copy of the complaint must then be served upon the tenant. The Sheriff, or anyone over the age of 18 and not a party to the action, may serve the summons and complaint.
JUDGMENT
The tenant has 5 days, after the summons is served, to file a written answer with the court. If the tenant files the answer, wanting to contest the case, the court will set a date for trial. At the end of the 5 day period, if the tenant has not filed an answer to the complaint, a default judgment may be entered by the court.
WRIT OF EXECUTION (POSSESSION OF REAL PROPERTY)
Once a judgment is rendered, the court may issue a writ of execution (possession of real property). This is the authority upon which forcible eviction of the tenant may be made. ONLY THE SHERIFF MAY ENFORCE THIS WRIT. The original writ, signed instructions by the attorney, or plaintiff if no attorney representing to enforce the writ, and a fee deposit are required.
EVICTION PROCEDURE
The procedure for eviction, once the writ is delivered to the Sheriff for serving, is spelled out in Section 1174 of the Code of Civil Procedure. From the date of service of the writ by the Sheriff, the tenant is given five (5) days to vacate the premises. If the tenant fails to move out within the 5 day period, the Sheriff must conduct a forcible eviction.
Custody of all personal property of the tenant remaining on the premises at the time of forcible eviction is temporarily given to the landlord who must store it in a place of safekeeping. The tenant may redeem the personal property upon payment of reasonable costs of storage. The cost of storage shall be the fair rental value of the space reasonably required for storage for the term of the storage if the landlord stores the personal property on the premises. Claims of Exemption and Third Party Claims on the defendant's property cannot be filed with the Sheriff.
If the belongings of the tenant are not redeemed within fifteen (15) days, they may be sold at public auction (by the plaintiff) or otherwise disposed of in accordance with Section 1174 of the Code of Civil Procedure. After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant must be paid into the county treasury.
RE-ENTRY AFTER EVICTION
Occasionally, after eviction by virtue of a Writ of Execution (Possession of Real Property), a tenant will decide to move back into the premises. The following laws may be enforced against the tenant by the local police department or Sheriff's patrol station.
419 Penal Code
"Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor." A landlord desiring to take action under the above section should have a copy of the writ under which the eviction was made, and in cases executed by the Sheriff, a copy of the Sheriff's receipt for possession of the property.
602.5 Penal Code
"Every person other than a public officer or employee acting within the course and scope of his employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other such place without consent of the owner, or his agent, or the person in lawful possession thereof, is guilty of a misdemeanor."
1210 Civil Code
"Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, or induces or procures any person not having a right so to do, or aids or abets such a person therein, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. Upon a conviction for contempt the court must immediately issue an alias process, directed to the proper officer, and requiring the officer to restore possession to the party entitled under the original judgment or process . . . "
This section is enforceable only upon the defendants having been found guilty of contempt by the court itself. The plaintiff (landlord) must file a petition with the court, whereupon the defendant (tenant) may be ordered into court for a hearing regarding possible contempt. If found guilty by the court, the other provisions of the section may be carried out.

What Happens After Judgment

JUDGE DECIDES
If the judge decides in your favor, the clerk of the court will enter a judgment against the defendant. The defendant should pay the money directly to you.
IF THE DEBT IS PAID
You must file a satisfaction of judgment with the clerk of the court within 15 days after the debt is paid.
IF THE DEBT IS NOT PAID
If the debt is not paid within a few days, make a demand upon the debtor by letter, telephone, or in person. Making a demand could save you time and money.
ORDER FOR APPEARANCE OF JUDGMENT DEBTOR
If you do not know what property the defendant has or where it is located, you should take steps to obtain this information. One way to ascertain the debtor's assets is to obtain an order for appearance of judgment debtor.
The order requires the debtor to appear in court to answer questions under oath concerning the debtor's property. If the debtor fails to appear in court, the court may issue a warrant for debtor's arrest.
The order is obtained from the court clerk. The Sheriff will attempt to serve the order upon payment of a fee deposit. Refer to the Civil Process page for fee amounts.
WRIT OF EXECUTION
If the judgment debtor does not pay the judgment, you may obtain a writ of execution from the court clerk. The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance.
INSTRUCTIONS TO THE SHERIFF
You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment. You may instruct the Sheriff to levy on property such as wages, bank account, vehicle, place of business or real property.
FEE DEPOSIT
The law requires the Sheriff to charge fees for each levy. You must pay a fee deposit, in advance, from which the Sheriff will deduct fees. Fee deposits range from a few dollars to thousands of dollars to levy on a business. In addition to the Sheriff's levy fee, other costs may include charges for moving and storage, towing, recording, publishing in a newspaper, and keepers. Any unused portion of the fee deposit will be refunded. Sheriff fees are added to your judgment and increases the amount the debtor must pay to fully satisfy the case.
EARNINGS WITHHOLDING ORDER
To levy on the debtor's wages, you must give the Sheriff a completed application for earnings withholding order, the writ of execution, and proper fee deposit. The employer is required to remit 25% of the debtor's disposable (net) wages to the Sheriff. The withholding period begins 10 days after the earnings withholding order is served and continues for up to 10 years. Within 15 days after service of the order, the employer is also required to mail a completed employer's return to the Sheriff indicating the status and income of the defendant. A copy of the employer's return will be mailed to you.
BANK GARNISHMENT
"Every person other than a public officer or employee acting within the course and scope of his employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other such place without consent of the owner, or his agent, or the person in lawful possession thereof, is guilty of a misdemeanor."
1210 Civil Code
To levy on (garnish) a bank account, you must give the Sheriff signed written instructions indicating the name and address of the bank (cross streets are unacceptable), the account number, if known, the writ of execution, and proper fee deposit.
Within 10 days after service of the garnishment, the bank is required to remit any money in the account at the time of levy, up to the amount of your judgment plus costs, to the Sheriff. The bank is also required to mail to the Sheriff a completed memorandum of garnishee indicating the status of the account. A copy of the memorandum will be mailed to you.
BUSINESS LEVY
To levy on (garnish) a business, you must give the Sheriff signed written instructions indicating the name and address of the business (cross streets are unacceptable, the writ of execution, and proper fee deposit. You may instruct the Sheriff to seize money in the cash register (till tap) at the debtor's place of business at the time of levy.
You may instruct the Sheriff to place a keeper in the debtor's place of business for a period of time. The keeper will collect all money received by the business and prevent the removal of equipment or inventory. You may instruct the Sheriff to seize and sell the debtor's personal property (equipment and inventory) at the debtor's business. A keeper may be installed to collect money and prevent the removal of any property until the property is moved to storage. After giving 10 days notice of sale, the property will be sold at public auction.
REAL ESTATE LEVY
To levy on (garnish) a business, you must give the Sheriff signed written instructions indicating the name and address of the business (cross streets are unacceptable, the writ of execution, and proper fee deposit. You may instruct the Sheriff to seize money in the cash register (till tap) at the debtor's place of business at the time of levy.
THIRD PARTY CLAIMS
Before instructing the Sheriff to levy on property, you should try to determine if it is wholly or partially owned by someone else. For instance, a bank may be the legal owner of a vehicle. If so, the bank may file a third party claim demanding payment of the amount owed on the vehicle. You will be notified of the third party claim and given the opportunity to pay the third party or post a bond. If you do not, the property will be released to the debtor.
CLAIM OF EXEMPTION
The debtor may claim that the property is exempt for a variety of reasons. The Sheriff will notify you if a claim of exemption is filed. If you do not oppose the exemption, the property will be released.
ABSTRACT OF JUDGMENT
You may place a lien on the debtor's real property by recording an abstract of judgment with the County Recorder. The abstract of judgment is issued by the court clerk. The County Recorder will charge a recording fee. The Sheriff does not record abstracts of judgment with the County Recorder.
COUNTY AUDITOR
All monies collected by the Sheriff are deposited into the county treasury and held for 30 days under the financial control of the County Auditor. Money is then disbursed by the Sheriff. Any inquiries regarding the payment of money must be directed to the Sheriff's Office Civil Bureau.
LEGAL NAME OF DEBTOR
The Sheriff cannot levy on a debtor's property unless the debtor is properly named. The legal name of the debtor is very important. For instance, a fictitious business name (dba) is purely descriptive and is not a legal name. If the writ of execution lists the debtor as "John Smith dba Smith Plumbing," the legal name of the debtor is John Smith, not Smith Plumbing. . If the debtor is not a natural person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A "dba" (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.

Who Can I Talk to About My Civil Process?

Although the Sheriff cannot give legal advice, we can inform you of our procedures and policies concerning the service and execution of civil process. You may also wish to contact an attorney or the Courts Advisory Clinic, if they have one.

How Much Does the Sheriff Charge?

Can I Send My Process to the Sheriff by E-mail, Internet, or Fax?

How Long Will It Take for the Sheriff to Serve My Process?

The Sheriff can not guarantee when or if service will be made, however, most types of process must be served within certain legal time limits. If personal service is legally required, the Sheriff will make various attempts to serve your process. A high volume of process and/or a shortage of personnel may hamper our efforts to expeditiously serve your process. Consequently, we ask that you give us your process as soon as possible. With the exception of certain domestic violence cases, we generally do not attach a higher priority to any particular type of process. We understand that every case is a personal priority to the concerned litigants and try to manage our office efficiently to provide the best service possible using available resources.

Why Did the Sheriff Charge Me Even Though My Process Was Not Served?

The Sheriff's fees are established by statute. The Sheriff must charge a fee not only for service but also for a Not Found or Cancellation. A Not Found fee is charged if the person cannot be served at the given address. For example, a Not Found fee is charged if the process cannot be served at an address because the person no longer works or lives there. A Cancellation fee is charged if you want to cancel the service after it has been processed in the system but prior to any attempts to serve have been made. A cancellation fee is not charged if the service is cancelled on the same day it is received.. We automatically provide you a written explanation of all fees charged.

Who Can I Talk to About a Refund or Collection?

The law requires the Sheriff to immediately deposit all cash and checks in the County treasury. If you are entitled to a refund or other payment from the Sheriff, the Sheriff will mail you a warrant (check). Please direct all inquiries to the Sheriff’s Office Civil Bureau.

How is Civil Process Served?

Much of the law concerning the service and execution of civil process is covered in the Code of Civil Procedure (CCP). Process brought to the Sheriff for service must be valid on its face, issued by a competent authority and accompanied by adequate legal instructions. The instructions must indicate the process to be served, the person or entity to be served, the location for service and be signed by the attorney of the party or by the party, if he has no attorney. Instruction forms for specific types of levies and service requests are available on the Civil Process page. Also, there are usually time restrictions regarding the service and enforcement of various types of civil process. The fees for service of process are set in accordance with the California Government Code, 26720 et. seq. Many types of civil process can be served by anyone over the age of 18 who is not a party to the action or by a registered process server. Registered Process Servers may be found in the telephone yellow pages under process server, registered process server or attorney service.

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916-874-5115

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916-874-7128

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