California Code of Civil Procedure 712.010 – After entry of a judgment for possession or sale of property, a writ …
After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.
(Amended by Stats. 1988, Ch. 1405, Sec. 1.)
Terms Used In California Code of Civil Procedure 712.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: includes "city and county. See California Code of Civil Procedure 17
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17