§ 512.080.Writ Requirements

Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Last amended 1982 · Last verified July 28, 2026

In one sentenceSection 512.080 lists five requirements every writ of possession must meet -- naming the levying officer's jurisdiction, describing the property, specifying any private place to enter, directing levy and custody, and informing the defendant of undertaking-related rights.

Full Text of § 512.080

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

The writ of possession shall meet all of the following requirements:

(a) Be directed to the levying officer within whose jurisdiction the property is located.

(b) Describe the specific property to be seized.

(d) Direct the levying officer to levy on the property pursuant to Section 514. 010 if found and to retain it in custody until released or sold pursuant to Section 514.030.

(e) Inform the defendant of the right to object to the plaintiff's undertaking, a copy of which shall be attached to the writ, or to obtain redelivery of the property by filing an undertaking as prescribed by Section 515.020.

Plain-English Summary

This section is the writ's own checklist. It has to be directed to the levying officer within whose jurisdiction the property sits, and it has to describe the specific property to be seized — not a category or a general reference, but the actual property.

If part of the property may be in a private place, the writ must specify that place, tying back to § 512.060(b)'s requirement that the plaintiff establish probable cause the property is there. The writ must also direct the levying officer to levy on the property under § 514.010 if it's found, and to retain custody until the property is released or sold under § 514.030.

Finally, the writ has to inform the defendant of two rights: the right to object to the plaintiff's undertaking, a copy of which has to be attached to the writ, and the right to get the property back by filing a redelivery undertaking under § 515.020. Together, these five requirements give the defendant, right on the face of the writ, both a description of what's being taken and a roadmap for contesting it.

Frequently Asked Questions

What must a writ of possession specifically describe?

The specific property to be seized, and any private place that may need to be entered to take possession of it.

Does the writ have to be attached to a copy of the plaintiff's undertaking?

Yes, § 512.080(e) requires a copy of the plaintiff's undertaking to be attached to the writ, alongside information about the defendant's right to object to it or file a redelivery undertaking.

What must the writ direct the levying officer to do?

Levy on the property under § 514.010 if found, and retain custody of it until it's released or sold under § 514.030.

Amendment History

Amended by Stats. 1982, Ch. 517, Sec. 118.

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 requirements californiacontents of writ of possession california