(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff's undertaking, if any, and a copy of the order for issuance of the writ.
§ 514.020.Copy of Writ and Undertaking Delivered to Person In Possession; Service If No One In Possession
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 4. Levy and Custody · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 514.020 requires the levying officer, at the time of levy, to deliver copies of the writ, any plaintiff's undertaking, and the order for issuance to whoever holds the property, or to serve those documents on the defendant afterward if no one is present.
Full Text of § 514.020
(b) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached undertaking on the defendant. If the defendant has appeared in the action, service shall be accomplished in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. If the defendant has not appeared in the action, service shall be accomplished in the manner provided for the service of summons and complaint by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5.
Plain-English Summary
Whoever has the property when the levying officer arrives gets paperwork along with the seizure. Subdivision (a) requires the officer, at the time of levy, to hand over a copy of the writ of possession, a copy of the plaintiff's undertaking if there is one, and a copy of the order for issuance of the writ.
Subdivision (b) covers the situation where nobody is around to receive those documents at the moment of levy. In that case, the officer serves the writ and the attached undertaking on the defendant afterward. If the defendant has already appeared in the action, that service follows the ordinary method for serving papers on an appearing party under Chapter 5 (commencing with § 1010) of Title 14. If the defendant hasn't appeared, service instead follows the method for serving a summons and complaint under Article 3 (commencing with § 415.10) of Chapter 4 of Title 5.
Frequently Asked Questions
What documents must the levying officer deliver at the time of levy?
A copy of the writ of possession, a copy of the plaintiff's undertaking if any, and a copy of the order for issuance of the writ.
What happens if no one is present to receive the property when levy occurs?
The officer subsequently serves the writ and attached undertaking on the defendant, using ordinary party-service rules if the defendant has appeared or summons-service rules if the defendant hasn't.
Amendment History
Amended by Stats 2002 ch 68 (SB 1322),s 2, eff. 1/1/2003.
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: delivery of writ of possession documents california