§ 512.010.Application For Writ

Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Enacted 1973 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 512.010 lets a plaintiff apply, upon or after filing the complaint, for a writ of possession by filing a sworn written application describing the plaintiff's claim, the wrongful detention, the property, its value and location, and confirming it hasn't been taken for taxes or seized in an execution.

Full Text of § 512.010

Text sizeJump to: (a) (b) (c)

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.

(b) The application shall be executed under oath and shall include all of the following:

(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached.

(2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.

(3) A particular description of the property and a statement of its value.

(4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there.

(5) A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.

Plain-English Summary

This section opens Article 2's writ of possession procedure. A plaintiff can file the application the moment the complaint is filed, or at any point afterward — the statute imposes no waiting period. The application has to be executed under oath, and it has to cover five specific points.

It must show the basis of the plaintiff's claim and the plaintiff's entitlement to possession, attaching any written instrument the claim rests on. It must explain how the property came to be wrongfully detained — how the defendant got possession, and, to the plaintiff's best knowledge, why the defendant is holding onto it. It needs a particular description of the property and a statement of its value, along with the property's likely location, including a probable-cause showing if the property sits in a private place that may need to be entered. And it must state that the property hasn't been taken for a tax, assessment, or fine, or seized under an execution against the plaintiff's own property, unless a statutory exemption from that seizure applies.

None of this has to appear in a single document — subdivision (c) lets the plaintiff satisfy these requirements through one or more affidavits filed along with the application. Filing the application only starts the process: § 512.020 governs whether the resulting writ issues after a noticed hearing or, in narrower circumstances, ex parte.

Frequently Asked Questions

When can a plaintiff apply for a writ of possession in California?

Upon the filing of the complaint or at any time after, by filing a written application with the court where the action is brought.

Does the application have to be under oath?

Yes, § 512.010(b) requires the application to be executed under oath, though its requirements can be satisfied by one or more affidavits filed with it.

What must the application say about the property's location?

Its location to the best of the plaintiff's knowledge, information, and belief, plus a probable-cause showing if part of the property may be in a private place that has to be entered to take possession.

Does the application need to address whether the property has been seized for taxes?

Yes. Section 512.010(b)(5) requires a statement that the property hasn't been taken for a tax, assessment, or fine, or seized under an execution against the plaintiff, unless it's statutorily exempt from that seizure.

Amendment History

Added by Stats. 1973, Ch. 526.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: writ of possession application californiaclaim and delivery application requirements california