If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court.
§ 512.070.Order Directing Transfer of Possession to Plaintiff
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Last amended 1976 · Last verified July 28, 2026
In one sentenceSection 512.070 lets the court, alongside an issued writ of possession, also order the defendant to transfer possession of the property directly to the plaintiff, with the order warning that noncompliance may result in contempt of court.
Full Text of § 512.070
Plain-English Summary
A writ of possession authorizes the levying officer to seize the property, but this section gives the court an additional option: order the defendant to hand the property over to the plaintiff directly. That order has to carry its own warning — that failing to turn the property over may subject the defendant to being held in contempt.
This is where § 501's contempt carve-out becomes concrete. A defendant can't be jailed merely for owing the underlying debt or losing the underlying claim, but a defendant who ignores a direct transfer order under this section faces the court's contempt power for defying that order specifically.
Frequently Asked Questions
Can a court order a defendant to hand over property directly instead of relying on the levying officer?
Yes. Section 512.070 lets the court issue an order directing the defendant to transfer possession to the plaintiff alongside the writ of possession.
What happens if the defendant ignores that order?
The order itself must warn the defendant that failure to turn over the property may result in being held in contempt of court.
Does this conflict with the ban on jailing someone for civil debt?
No. Section 501 bars imprisonment for the underlying debt or tort but preserves the court's contempt power for violating its own orders, which is what this section's transfer order relies on.
Amendment History
Amended by Stats. 1976, Ch. 145.
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: order to transfer possession of property californiacontempt writ of possession california