(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safekeeping or by installing a keeper.
§ 514.010.Duty of Levying Officer; Keeper In Charge of Mobilehome Or Boat; Demanding Possession of Private Place
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 4. Levy and Custody · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 514.010 directs the levying officer to search for and take custody of the specified property on receiving the writ, sets a two-day keeper period for property used as a dwelling like a mobilehome or boat, and governs how the officer may enter a private place.
Full Text of § 514.010
(b) If the specified property is used as a dwelling, such as a mobilehome or boat, levy shall be made by placing a keeper in charge of the property for two days, at the plaintiff's expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.
(c) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the court shall make such orders as may be appropriate.
(d) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the court.
Plain-English Summary
This section is where the writ turns into action. On receiving it, the levying officer has to search for the specified property and, if it's in the defendant's or the defendant's agent's possession, take custody — either by moving the property to safekeeping or by installing a keeper to watch over it in place.
Subdivision (b) handles property that serves as someone's home, such as a mobilehome or a boat, differently: the officer places a keeper in charge for two days, at the plaintiff's expense, before removing the occupants and anything not named in the writ and taking exclusive possession. That built-in delay gives occupants time to arrange alternative housing before losing access entirely.
Subdivision (c) governs entry into a private place. The officer has to announce identity, purpose, and authority when demanding possession, and if the property isn't voluntarily handed over, the officer may break open a building or enclosure — using the method causing the least reasonably foreseeable damage — and can call on county assistance. But if entry and seizure would carry a substantial risk of death or serious bodily harm to anyone, the officer must refrain and instead report that risk back to the court, which then decides how to proceed. Subdivision (d) makes clear none of this authorizes entering or searching a private place the writ or another court order doesn't specify.
Frequently Asked Questions
What must the levying officer do on receiving a writ of possession?
Search for and take custody of the specified property if it's in the defendant's or the defendant's agent's possession, either by removing it to safekeeping or by installing a keeper.
How does the process differ for property used as a home, like a mobilehome or boat?
The officer first places a keeper in charge for two days, at the plaintiff's expense, before removing occupants and unlisted contents and taking exclusive possession.
What happens if entering a private place would risk serious harm?
The officer must refrain from seizing the property and promptly report the reasons for that belief to the court, which then makes appropriate orders.
Can the levying officer search a private place not named in the writ?
No, § 514.010(d) confirms nothing in this section authorizes entering or searching a private place the writ or another court order doesn't specify.
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: levy of writ of possession californiaseizing mobilehome or boat california writ