Civil Process Services

Eviction Instructions (212 KB)

Information Sheet for Temporary Restraining Order (163 KB)

Levy/Garn Instruction Sheet (206 KB)

Out of State Fees 2017 (23 KB)

Real Property Levy Instructions (254 KB)

Service Instructions (178 KB)

Collection on Money Judgements

You must give the Sheriff specific instructions regarding the type of levy you want. (If there is an Attorney of Record, ALL INSTRUCTIONS MUST BE SIGNED BY THE ATTORNEY OF RECORD PER CCP 488.030, 687.010). You must know where the defendant works, banks, has his business, or the year and make of his vehicle.

The new law regarding changes in the enforcement of judgments, as to Bank Levies was updated on September 1st, 2020. In addition to this change, the writ of execution form was changed to meet these requirements.

As of October 1, 2020, any writ submitted to the Orange County Sheriff’s Department which is not submitted on the new form, or have the information required by CCP 699.520(c), 699.540(3) in the instructions will be rejected.

The new writ form can be found on:

www.occourts.org - in the forms & filing tab- under forms
or
https://www.courts.ca.gov/forms.htm

We thank you for your cooperation,
Orange County Sheriff’s Department- Civil Court Operations

Order For Examination

Fee: $40.00

If you are unaware of the defendant's assets or the location of these assets you may return to the court of judgment and request an ORDER FOR EXAMINATION. This order, after being served on the defendant by the Sheriff requires the defendant to appear in court to answer questions about his assets. If he does not appear the court will issue a warrant for his arrest. Your instructions for service must contain the defendant's address and the attorney of records signature.

Our office will need 1 copy of the Order for Appearance for service on each defendant; a check or money order payable to the Orange County Sheriff; and a cover letter of instruction stating who, what and where to serve the papers. As these documents must be served no later than 10 days prior to the hearing, please submit the papers for service at least 30 days prior to the court hearing for service. The more time provided would increase our chances of serving the defendant.

Earnings Withholding Order

Fee: $35.00

An EARNINGS WITHHOLDING ORDER requires an employer to send to the Sheriff approximately 25% of the defendant's net earnings each payday. The employer has 15 days after being served to send an answer to the Sheriff's Department regarding the defendant's employment and pay status.. The defendant is entitled to file a "Claim of Exemption" for return of withheld monies and relief from the order. If a Claim of Exemption is filed, you may file an opposition to this claim. Instructions for filing an opposition are contained in the Notice of Filing of Claim of Exemption that will be mailed if such a claim is filed. Our office does not issue checks directly; they are requested from the O.C. Auditor. You will receive a check approximately 1 week to 10 days from the date we request it. Pursuant to government Code 26746, a $12.00 processing Fee shall be charged for each disbursement of monies collected under a writ execution.

Bank Levy

Fee: $40.00

A defendant's bank account may be garnished. Instructions to the Sheriff must include the name of the bank and the address. It is important that the name on the account be exactly the same as on the judgment. Though not necessary, the account number will assist the bank in locating the account. The defendant may file a "Claim of Exemption" for return of monies. If a Claim of Exemption is filed, you may file an opposition to this claim. Instructions for filing an opposition are contained in the notice of filing of Claim of Exemption that will be mailed if such a claim is filed. Upon receipt of the answer from the garnishee, a copy will be mailed to you. If the bank submits payment, our office will make a payment to you within 30 days from the date of levy. Our office does not issue checks directly; they are requested from the O.C. Auditor. You will receive a check approximately 1 week to 20 days from the date we request it. A $12.00 processing Fee shall be charged for each disbursement of monies collected under a writ of execution.

Vehicle Levy

Fee: 1,800.00 (Large Vehicles may require additional deposit)

A vehicle registered to and in the possession of the defendant may be levied upon and sold at auction by the Sheriff. Your instructions must state the make, year and license number of the vehicle, and the address where it can be found. The legal owner may file a claim on the vehicle. If the vehicle is the only one registered to the defendant, there is an automatic exemption of $2,725.00. This means the bidding at the auction starts at $2,725.00. If the minimum bid is not received, the vehicle is returned to the defendant. The advance deposit of $1,800.00 covers the Fee to seize, have it towed to an impound lot and pay storage Fees. The following is a list of the most common problems that may occur during a vehicle levy:

Legal Owner Payoff:

After we have seized the vehicle our office must contact the legal owner to determine the

amount owing on the vehicle. Storage Fees will continue to accrue during this time. Most new vehicles are heavily financed and any amount owing may need to be satisfied prior to the vehicle being set for sale. Frequently the amount owing is in excess of the sale value of the vehicle.

Low Sale Price:

Buyers of Sheriff sales seldom pay even wholesale price for a vehicle. Vehicles are sold to the highest bidder, even if ridiculously low, and it is possible that the vehicle will be sold for less money than you have invested to have it impounded. You are encouraged to bid on the car yourself, or to find other interested buyers.

Clouded Vehicle Title:

Buyers at a Sheriff's Sale purchase only the debtor's rights, title and interest in the vehicle. We do not usually have the owners certificate to the vehicle and contested title problems are not unusual.

Till Tap Levy

Fee: $100.00

If the defendant owns or is a business that has a "Cash Till" on the premises, you may instruct the Sheriff to execute a TILL TAP LEVY. Monies from the till are removed and paid to you. Sheriff's instructions must give the name and address of the business.

Keeper Levy

Deposit:

8 HOURS $ 240.00

48 HOURS $1,300.00

OPEN END $3,100.00

If the defendant owns or is a business, you may instruct the Sheriff to execute a KEEPER LEVY. Upon installation of the keeper the business and all assets are under control of the Sheriff, as well as any money. The name on the writ must be the defendant's and he must own the business. Your instructions must give the name of the defendant, the name of the business and the address. If instructed, the Sheriff will take an inventory of the assets on the premises and will arrange for the assets to be moved to storage for the purpose of selling them at public auction. Prior to any move, the keeper must complete an inventory. A written estimate of moving and storage costs is obtained and no move will occur until you deposit with the Sheriff sufficient funds to cover the costs of the move. Taking an inventory and moving the assets to storage is conducted during an OPEN END KEEPER.

Special Notice

You will be informed as soon as we have information regarding your case. In the case of a bank levy or wage garnishment we will mail you a copy of the answer. In the case of a till tap, keeper levy, or vehicle levy our office will contact you by phone.

 Evicting Lodgers from Hired rooms

Two laws, Civil Code 1946.5 and Penal Code 602.3, establish procedures for the removal of "lodgers", as defined by those laws.

1.     Some of the important aspects of this law are:

2.     A "Lodger" is a person who rents a room from the owner of a dwelling unit
(house, Condominium, etc) who personally occupies the dwelling and retains control over the entire premises.

3.     Termination of the arrangement may be done by either party giving written notice
to the other of his/her intention to terminate at least seven days, but not more than thirty days, before the date of the termination. In cases of month to month tenancies at least thirty days notice must be given . (Civil Code 1946)

The notice shall be given by one of the following methods:

A. Personally

B. By substitute service and mailing a copy

C. By posting and mailing a copy (Code of Civil Procedures 1162) or

D. By certified or registered mail, restricted delivery with a return receipt requested

Upon expiration of the notice, any right of the lodger to remain in any part of the dwelling is terminated. He/she may be removed pursuant to Penal Code 602.3, or other applicable provisions of law.

4.     A lodger who remains on the premises is guilty of an infraction. 

5.     The lodger may be arrested by the owner pursuant to Penal Code 837 (Private
Persons Authority to Arrest). The deputy does not make the arrest. However,
refusal by any peace officer to receive the arrested person will be in violation of
Penal Code 142 (a).
 

6.     If the lodger is issued a citation for refusing to leave, the deputy is not precluded
from also removing the person from the premises.
 

7.     Any personal property left on the premises following the lodgers' removal will be
stored by the property owner in the same manner as other writ of possession
cases.
 

8.     Removal of the lodger under the authority of Penal Code 602.3 only applies to
owner occupied dwellings where a single lodger resides.
 

Section 1946.5 was added to the Civil Code to read:

The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the Owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring as specified in Section 1946. The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail, restricted delivery, to the other party, with a return receipt requested.

(b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effective pursuant to the provisions of Section 602.3 of the penal code or other applicable provisions of law.

(c) As used in this section, "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of an access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.

(d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

Section 602.3 was added to the Penal Code to read:

(a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period, provided in Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to Section 837, be arrested by the owner for the offense. Notwithstanding Section 853.5, the requirement of that section for release upon a written promise to appear shall not preclude an assisting peace officer from removing the person from the owner-occupied dwelling unit.

(b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (a) is not a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure and shall not be a basis for civil liability under that section.

(c) Chapter 5 (commencing with Section 1980) of Title 5 Part 4 of Division 3 of the Civil Code applies to any personal property of the lodger which remains on the premises following the lodger's removal from the premises pursuant to this section.

(d) Nothing in this section shall be construed to limit the owner's right to have a lodger removed under other provisions of law.

(e) Except as provided in subdivision (b), nothing is this section shall be construed to limit or affect in any way any cause of action an owner or lodger may have for damages for any breach of the contract of the parties respecting the lodging.

(f) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

Eviction Process

The eviction process can be quite complex. Many of your questions involve getting legal advice. The Sheriff's Civil Process Technicians are neither qualified nor authorized to answer legal questions. However, the following information on general eviction procedures is offered and may answer some of your questions. For further information you may consult an attorney or eviction service.

Notices

The first step in an eviction is a written notice. The two most common types of notices are as follows:

Notice to Pay Rent or Quit - This is usually a 3-day notice. This notice gives the tenant the option of paying the rent and remaining in possession of the property.

This notice is acceptable as the first step in the eviction process if the tenant does not pay the rent.

Remember: This type of notice gives the tenant the option!

Notice to Quit - This is the 30/60 day notice. This will advise the tenant that you wish to terminate tenancy. In most cases if the tenant has lived at the address for more than one year, you must give them 60 days notice.

You must decide which notice is appropriate. We do not provide blank forms, but they may be purchased at most stationary stores as well as some real estate offices. You must complete these forms in full, including your name and address. You may serve these notices yourself or the Sheriff will serve them for a fee of $40.00 per person.

We must have the Original plus 2 copies for service on each tenant.

Real Property requirements

Real Property Levy Instructions (required)

Writ of Execution-Money Judgment

1.     Original plus 3 copies of the Writ of Execution

2.     $2,000.00 deposit

3.     Instructions from the attorney of record containing:

·       Legal Description

·       Commonly known address

·       Record Owners-names and address

·       How the title is vested (i.e., husband and wife, etc)

·       Lien Holders - names and address

·       Statement whether or not property is a dwelling

Writ of Sale-Real Property

1.     Original plus 3 copies of the Writ of Sale

2.     Certified Copy of the Judgment

3.     $2,000.00 deposit

4.     Instructions from the attorney of record containing:

·       Legal Description

·       Commonly known address

·       Record Owners-names and address

·       How the title is vested (i.e., husband and wife, etc)

·       Lien Holders - names and address

·       Statement pursuant to CCP 701.620 (re: Tax liens or preferred labor claims)

·       Statement whether or not property is a dwelling

Writ of Attachment

1.     Original plus 3 copies of the Writ of Attachment

2.     Right to Attach Order & Order for Issuance of Writ of Attachment - 3 copies

3.     Undertaking (If EX PARTE) - 3 copies

4.     $300.00 deposit - Additional funds may be requested if additional parcels are recorded

5.     Instructions from attorney of record containing:

·       Legal Description

·       Commonly known address

·       Record Owners-names and address

·       Statement whether or not property is a dwelling

IF EX PARTE - Statement whether or not summons and Complaint has been served. If Summons and Complaint has not been served and the defendant is in county, we should have the documents for service or a statement that it is being served concurrently.

General Overview

On all 3 types of real property levies, we follow a generalized procedure. We must first record the property, then serve or post the property pursuant to CCP 700.015 and as a courtesy, mail notice to the defendant at any and all addresses in file. We must also mail notice to all record owners.

 Requirements for Claim and Delivery

Writes of Possession-Claim and Delivery are a priority and are normally handled upon receipt. However, processing time can vary with substantial caseload or availability of personnel.

The advance deposit for a Claim and Delivery will vary based upon the type of property to be levied. Please refer to the Civil Supervisor or Sergeant for the appropriate fee amount.

The Following Will be Required for a Claim & Delivery

·       Signed instructions from the attorney of record indicating the property to be levied upon; address for the enforcement of the writ and any special information such as a person to aid in the identification of the property, etc.
 

Note: The address for enforcement of the writ and the property description must match the writ exactly.

·       Original Writ of Possession - Claim and Delivery plus a minimum of 3 copies.

·       Order for Possession - Claim and Delivery plus a minimum of 3 copies.

·       Undertaking/Bond - minimum of 3 copies.

·       Supporting documents for service upon the defendant.

Please supply an adequate amount of copies of each document for service.

Unlawful Detainer

When the Notice period has expired and the tenant has not moved, you must file an "Unlawful Detainer" complaint with the court.

Superior Court (Limited Jurisdiction) - The jurisdiction of this court is $25,000.00

Writ of Possession

Only a Sheriff acting under a court order obtained by the landlord can physically remove a tenant from the premises. This court order is a "Writ Of Possession-Real Property". After you have received a judgment in your Unlawful Detainer case you can request the court to issue a Writ of Possession. There is frequently a 2-3 day waiting period while the Court Clerk prepares the writ.

When your case is completed, the Court Clerk will send you to the Sheriff's Department to complete written instructions and to obtain further procedural information. You will take your written instructions, along with a check payable to the Sheriff in the amount $ 145.00 to the Court Clerks office. When the writ has been prepared, the Clerk's office will forward the writ, instructions and check to the Sheriff. The Sheriff will then begin the enforcement process.

The Sheriff gives priority to evictions. The property will be posted with a 5-Day Notice to Vacate.

The Deputy will contact you the day prior to or the day of the eviction to set up a time to meet and for you to sign for possession of the property.

You must cancel the eviction if you decide to give the defendant additional time. You must submit additional fees and instructions if it becomes necessary to proceed with the eviction. The property must again be posted with an additional 5-Day Notice to Vacate.

Tenants are permitted to take all of their personal property with them when they vacate prior to the expiration of the 5 days. However, at the time of a forcible eviction, all property on the premises is turned over to the landlord for safe keeping. The landlord must return all of the tenant's property upon payment of the "reasonable cost" of storing the property from the date of the eviction to the date of recovery. If the property is stored on the landlord's premises, the reasonable costs of storage may be the fair rental value of the space necessary for the storage.

If the tenant doesn't reclaim his property within 15 days of the eviction, the landlord may either sell the property at public sale or, if the property is valued at less then $700.00, the landlord may dispose of the tenants property or retain it for his own use.

Any third parties living on the premises that are not named on the Writ of Possession may file an "Arrietta Claim" or Claim of Right to Possession. (This procedure does not apply if service of a Summons, Complaint and Prejudgment Claim of Right to Possession was served on all occupants of the premises) By filing this claim with the Sheriff the eviction is stayed until further order of the Court. After the court order to proceed is received we will continue with the eviction.

Note: We cannot evict the defendant until he has his full 5 days from the previous notice.

The Sheriff may also receive a notice of filing of bankruptcy filed by one or more of the defendants or third parties.

Bankruptcies may or may not stay an eviction and in most cases it will only delay the eviction for a very limited time. Please consult a bankruptcy attorney for advice.