Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 512.030 requires the defendant, before the writ of possession hearing, to be served with the summons and complaint, a notice of application and hearing, and the application and any supporting affidavit, using the same service methods as summons service if the defendant hasn't yet appeared.
(a)Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following:
(1)A copy of the summons and complaint.
(2)A Notice of Application and Hearing.
(3)A copy of the application and any affidavit in support thereof.
(b)If the defendant has not appeared in the action, and a writ, notice, order, or other paper is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.
Plain-English Summary
This is the notice mechanism behind § 512.020's general rule that a hearing must precede a writ. Before that hearing, the defendant has to receive three things: a copy of the summons and complaint, a Notice of Application and Hearing, and a copy of the application together with any affidavit supporting it.
Subdivision (b) addresses how that service happens when the defendant hasn't yet appeared in the action. In that situation, service of any writ, notice, order, or other paper this title requires to be personally served on the defendant follows the same rules used to serve a summons under Chapter 4 (commencing with § 413.10) of Title 5 — the general personal-service-of-process rules that apply throughout civil litigation.
Frequently Asked Questions
What must be served on the defendant before the hearing on a writ of possession?
A copy of the summons and complaint, a Notice of Application and Hearing, and a copy of the application along with any affidavit supporting it.
How is service made if the defendant hasn't appeared in the case yet?
The same way a summons is served, under Chapter 4 (commencing with § 413.10) of Title 5.
Does this service requirement apply to the ex parte writ procedure too?
The ex parte grounds in § 512.020(b) carry their own service requirement after the writ issues, requiring service of the summons, complaint, application, affidavit, and a notice meeting § 512.040's content rules.
Amendment History
Amended by Stats 2007 ch 15 (AB 859),s 2, eff. 1/1/2008.
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:service of writ of possession application california