California Code of Civil Procedure 715.040 – (a) A registered process server may execute the writ of …
(a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if a proper writ of possession is delivered to the sheriff or marshal and that officer does not execute the writ as provided in subdivisions (a) and (b) of Section 715.020 within three days (Saturday, Sunday, and legal holidays excluded) from the day the writ is delivered to that officer. If the writ is not executed within that time, the levying officer shall upon request give the writ to the judgment creditor or to a registered process server designated by the judgment creditor.
(b) Within five days after executing the writ under this section, all of the following shall be filed with the levying officer:
Terms Used In California Code of Civil Procedure 715.040
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sheriff: includes marshal. 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
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17
(1) The writ of possession of real property.
(2) An affidavit of the registered process server stating the manner in which the writ was executed.
(3) Proof of service of the writ.
(4) Instructions in writing, as required by the provisions of Section 687.010.
(c) If the writ is executed by a registered process server, the levying officer shall perform all other duties under the writ and shall return the writ to the court.
(d) The fee for services of a registered process server under this section may, in the court’s discretion, be allowed as a recoverable cost upon a motion pursuant to Section 685.080. If allowed, the amount of the fee to be allowed is governed by Section 1033.5.
(Amended by Stats. 1996, Ch. 872, Sec. 18. Effective January 1, 1997.)