(a) To levy upon personal property used as a dwelling, the levying officer shall serve a copy of the writ of execution and a notice of levy on one occupant of the property. Service on the occupant shall be made by leaving the copy of the writ and the notice of levy with the occupant personally or, in the occupant's absence, with a person of suitable age and discretion found at the property when service is attempted who is a member of the occupant's family or household. If unable to serve the occupant at the time service is attempted, the levying officer shall make the levy by posting the copy of the writ and the notice of levy in a conspicuous place on the property.
§ 700.080.Levy Upon Personal Property Used As Dwelling
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 4. Methods of Levy · Last amended 1996 · Last verified July 28, 2026
In one sentenceSection 700.080 levies on personal property used as a dwelling, including a mobilehome, by serving or posting notice on an occupant, allows the creditor to place a keeper, and lets the creditor seek a noticed court order removing the occupants.
Full Text of § 700.080
(b) If the judgment creditor so instructs, the levying officer shall place a keeper in charge of the property for a period requested by the judgment creditor.
(c) The judgment creditor may apply to the court on noticed motion for an order directing the levying officer to remove the occupants. The notice of motion shall be served on any legal owner and any junior lienholder who was served pursuant to Section 700.090, on the occupant, and, if the judgment debtor is not the occupant, on the judgment debtor. Service shall be made personally or by mail. At the hearing on the motion the court shall determine the occupant's right to possession and shall make an order including terms and conditions that are appropriate under the circumstances of the case.
(d) Personal property used as a dwelling shall include a mobilehome, whether the mobilehome is occupied or unoccupied at the time of the levy.
Plain-English Summary
A mobilehome or similar structure used as a dwelling gets special handling because people may be living inside it. Section 700.080 requires the levying officer to serve a copy of the writ and a notice of levy on one occupant, personally or by leaving it with a suitable family or household member found there, or by posting the papers conspicuously if no one can be served.
If the judgment creditor instructs it, the officer places a keeper in charge of the property for the period the creditor requests, much like the going-business procedure in § 700.070. Removing occupants, though, takes a separate court order: the creditor must apply on noticed motion, serving the motion on any legal owner or junior lienholder served under § 700.090, on the occupant, and on the judgment debtor if the debtor isn't the occupant. The court decides the occupant's right to possession and sets whatever terms fit the case.
Subdivision (d) makes clear that a mobilehome counts as personal property used as a dwelling whether or not anyone is living in it at the time of levy.
Frequently Asked Questions
How does a levying officer serve notice when levying on a mobilehome used as a dwelling?
By serving one occupant personally or through a suitable family or household member, or by posting the writ and notice of levy if no one can be served.
Can the creditor place a keeper in charge of a dwelling that's been levied on?
Yes, if the judgment creditor instructs it, for whatever period the creditor requests.
Can the judgment creditor have occupants removed?
Only by applying to the court on noticed motion, served on the occupant, the judgment debtor if different, and any legal owner or junior lienholder served under § 700.090; the court then decides the occupant's right to possession.
Does it matter whether anyone is living in the mobilehome at the time of levy?
No, § 700.080(d) treats a mobilehome as personal property used as a dwelling whether it's occupied or unoccupied.
Amendment History
Amended by Stats. 1995, Ch. 446, Sec. 2. Effective January 1, 1996.
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 mobilehome dwelling californiaremoving occupants after levy california