Civil Process Server Types and Fees
WRIT OF POSSESSION (REAL PROPERTY) - EVICTION
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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 Process Server to remove (evict) the occupants from the
property.
The Process Server will typically serve a 5-day Notice to Vacate within three 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 mail of the eviction date and time. Occasionally the landlord may be notified by
telephone. The landlord should immediately notify the Process Server 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 Process Server 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 Process Server to proceed with
the eviction. However, the Process Server 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 Process Server 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 Process Server in writing to proceed with the eviction or wait
until the landlord obtains an order (lift order) from the bankruptcy court.
After the tenants have been removed from the premises, the Process Server will give the landlord a receipt
for possession. If the occupants re-enter the premises, the landlord may summon the local police
department 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.
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 Process Server to remove (evict) the occupants from the
property.
The Process Server will typically serve a 5-day Notice to Vacate within three 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 mail of the eviction date and time. Occasionally the landlord may be notified by
telephone. The landlord should immediately notify the Process Server 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 Process Server 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 Process Server to proceed with
the eviction. However, the Process Server 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 Process Server 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 Process Server in writing to proceed with the eviction or wait
until the landlord obtains an order (lift order) from the bankruptcy court.
After the tenants have been removed from the premises, the Process Server will give the landlord a receipt
for possession. If the occupants re-enter the premises, the landlord may summon the local police
department 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.
Checklist
- $165 fee deposit
- Original Writ of possession (Real Property) plus three copies for the first debtor and one
copy for each additional debtor - submit to the Process Server no later than 150 days after the issuance date of the Writ
of Possession - Process Server's Instructions
- Process Server Instructions
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.
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.
