Civil Process Server Types and Fees
Writ of Possession (Claim and Delivery)
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 Process Server 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 attachment 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 Process Server
determines that the property is the possession of a third party and not in the possession of the
defendant.
The Process Server must serve copies of the writ and other court documents on 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 Process Server 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 Process Server to cover levy fees and moving and
storage costs. The Process Server’s levy fees will vary depending on the need to utilize a keeper while
the property is being removed. The plaintiff should call the Process Server to determine the levy fee
amount and to obtain the name and telephone number of a moving and storage company. The Process
Server’s instructions must include an estimate for moving and 30 days storage and the name and
telephone number of the moving company employee who provided the quote. The advanced fee deposit
is the total of the Process Server’s levy fees plus the estimated costs for moving and storage.
Unless the property is readily identifiable, specify in the Process Server’s instructions the name and
telephone number of a "spotter" who will meet the Process Server at the location and identify the
property.
If the Order for Issuance of the Writ includes an order directing transfer and the property is not at the
location, the Process Server 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 Process Server.
Property that is not in the possession of the defendant 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
defendant.
In a claim and delivery action the lawsuit is for ownership of personal property. A writ of possession
(claim and delivery) directs the Process Server 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 attachment 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 Process Server
determines that the property is the possession of a third party and not in the possession of the
defendant.
The Process Server must serve copies of the writ and other court documents on 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 Process Server 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 Process Server to cover levy fees and moving and
storage costs. The Process Server’s levy fees will vary depending on the need to utilize a keeper while
the property is being removed. The plaintiff should call the Process Server to determine the levy fee
amount and to obtain the name and telephone number of a moving and storage company. The Process
Server’s instructions must include an estimate for moving and 30 days storage and the name and
telephone number of the moving company employee who provided the quote. The advanced fee deposit
is the total of the Process Server’s levy fees plus the estimated costs for moving and storage.
Unless the property is readily identifiable, specify in the Process Server’s instructions the name and
telephone number of a "spotter" who will meet the Process Server at the location and identify the
property.
If the Order for Issuance of the Writ includes an order directing transfer and the property is not at the
location, the Process Server 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 Process Server.
Property that is not in the possession of the defendant 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
defendant.
Checklist
- fee deposit of $200 or more plus moving and
storage costs and $85 keeper fee (if applicable) - Original Writ of Possession - Claim and Delivery
(form CD-130) plus three copies - Three copies of the order for Writ of Possession
(form CD-120) - three copies of the undertaking
- three copies of the Order for Writ of Possession
(form CD-120) (ex parte writ only) - three copies of the undertaking (ex parte writ
only) - three copies of the Notice of Application for Writ
of Possession and Hearing (form CD-110) (ex
parte writ only) - three copies of the Application for Writ of
Possession (form CD-100) (ex parte writ only) - three copies of any affidavits in support
- two copies of the summons and complaint (if not
previously served) - Process Server Instructions
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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.
