California Civil Code 1861.12 – The writ of possession shall meet all of the following …
The writ of possession shall meet all of the following requirements:
(a) Be directed to the levying officer within whose jurisdiction the property is located.
Terms Used In California Civil Code 1861.12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes property real and personal. See California Civil Code 14
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) Generally describe the property to be seized.
(c) Specify the apartment, motel, or other boarding premises that may be entered to take possession of the property, or some part of it.
(d) Direct the levying officer to levy on the property pursuant to Section 1861.18 if found on the described premises, and to retain custody of it until released or sold pursuant to Section 1861.19.
(e) Inform the defendant of the right to object to the plaintiff‘s undertaking, a copy of which shall be attached to the writ, or to obtain the delivery of the property by filing an undertaking as prescribed by Section 1861.22.
(Amended by Stats. 1982, Ch. 517, Sec. 65.)