Civil Process Server Types and Fees
VEHICLE LEVY (WRIT OF EXECUTION)
|
Information Guide
The creditor may instruct the Process Server to seize, store and sell a vehicle in the possession of the
debtor. However, the Process Server 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 Process Server determines that the property is the
possession of a third party and not in the possession of the debtor.
The Process Server 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 vehicle must
be returned to the debtor unless the creditor pays off the claim. The minimum sale price at the Sherrif’s or
other auction is $1900 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 Process Server 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 Process Server’s fees and costs (approximately $975), 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
first $1900 if a minimum bid is required. All bidders at the auction are advised that the Process Server is only
selling all right, title and interest of the debtor in the property.
The creditor may instruct the Process Server to seize, store and sell a vehicle in the possession of the
debtor. However, the Process Server 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 Process Server determines that the property is the
possession of a third party and not in the possession of the debtor.
The Process Server 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 vehicle must
be returned to the debtor unless the creditor pays off the claim. The minimum sale price at the Sherrif’s or
other auction is $1900 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 Process Server 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 Process Server’s fees and costs (approximately $975), 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
first $1900 if a minimum bid is required. All bidders at the auction are advised that the Process Server is only
selling all right, title and interest of the debtor in the property.
Checklist
- $675 fee deposit
- Original Writ of Execution (Money Judgment) plus three copies
- Process Server's Instructions
- submit to the Process Server no later than 160 days after issuance of the Writ of Execution
Note: If you are in a different state than
California, simply use those required
court forms for your state.
All U.S. States are accepted by PSSLAC
for process server service within
California.
California, simply use those required
court forms for your state.
All U.S. States are accepted by PSSLAC
for process server service within
California.
Orders: (213) 259-6399
