(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff's undertaking pursuant to subdivision (a) of Section 515.010 or in the amount determined by the court pursuant to subdivision (b) of Section 515.010.
§ 515.020.Undertaking Filed By Defendant
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 5. Undertakings · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 515.020 lets a defendant prevent or reverse the plaintiff's possession of property by filing an undertaking matching the plaintiff's undertaking amount, promising to pay the plaintiff's costs and damages from lost possession if the plaintiff ultimately wins the case.
Full Text of § 515.020
(b) The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property. The damages recoverable by the plaintiff pursuant to this section shall include all damages proximately caused by the plaintiff's failure to gain or retain possession.
(c) The defendant's undertaking may be filed at any time before or after levy of the writ of possession. A copy of the undertaking shall be mailed to the levying officer.
(d) If an undertaking for redelivery is filed and the defendant's undertaking is not objected to, the levying officer shall deliver the property to the defendant, or, if the plaintiff has previously been given possession of the property, the plaintiff shall deliver the property to the defendant. If an undertaking for redelivery is filed and the defendant's undertaking is objected to, the provisions of Section 515.030 apply.
Plain-English Summary
Just as the plaintiff's undertaking protects the defendant, this section gives the defendant a tool to protect their own possession. Subdivision (a) lets the defendant either keep the plaintiff from taking the property in the first place, or get it back after it's already been taken, by filing an undertaking with the court in the same amount as the plaintiff's undertaking under § 515.010.
That undertaking has to promise something specific: if the plaintiff ultimately recovers judgment in the action, the defendant will pay all costs awarded to the plaintiff and all damages the plaintiff sustains from losing possession of the property — including all damages proximately caused by the plaintiff's failure to gain or retain possession because the defendant kept it.
Subdivision (c) gives the defendant flexibility on timing: the undertaking can be filed any time before or after the writ is levied, with a copy mailed to the levying officer. Subdivision (d) then walks through what happens next — if the undertaking isn't objected to, the property (or, if the plaintiff already has it, the plaintiff itself) gets delivered to the defendant; if it is objected to, § 515.030's resolution procedure takes over.
Frequently Asked Questions
How can a defendant keep the plaintiff from taking possession under a writ of possession?
By filing an undertaking with the court in the same amount as the plaintiff's undertaking, before or after the writ is levied.
What does the defendant's undertaking promise?
That if the plaintiff wins the case, the defendant will pay all costs awarded to the plaintiff and all damages the plaintiff sustains from losing possession, including damages caused by the defendant's retention of the property.
What happens once the defendant files this undertaking?
If it isn't objected to, the property is delivered or redelivered to the defendant; if it is objected to, § 515.030 governs how the dispute gets resolved.
Amendment History
Amended by Stats 2002 ch 68 (SB 1322),s 4, 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: defendant undertaking writ of possession californiahow to keep property from writ of possession california