Get Declaration For Ex Parte Writ Of Possession Claim And Delivery Cd180 California Judicial Council

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).

Application For Writ of Possession (CD-100) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping).

Claim and Delivery is a provisional California Collection Law remedy that enables the plaintiff in an action for recovery of specific, tangible personal property in the defendant's possession to obtain possession of the property prior to judgment.

The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).

In California, adverse possession occurs when a person who wants to claim someone else's land must not only use it for at least five years, but they must also pay property taxes on it.

Claim and Delivery is a provisional California Collection Law remedy that enables the plaintiff in an action for recovery of specific, tangible personal property in the defendant's possession to obtain possession of the property prior to judgment.

“Replevin” is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

A Writ of Possession of Real Property is commonly referred to as the "eviction writ." This writ enables the levying officer to satisfy the judgment by placing the judgment creditor in lawful and peaceful possession of specific land and appurtenant structures.