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§ 701.570.Sale Procedure

Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 6. Sale and Collection · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 701.570 requires an execution sale to occur at the noticed date, time, and place within the proper county between nine in the morning and five in the afternoon, by auction to the highest bidder, stopping once enough property has sold to satisfy the judgment.

Full Text of § 701.570

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

(a) A sale of property shall be held at the date, time, and place specified in the notice of sale, which shall be in the county where the property or a part thereof is situated and between the hours of nine in the morning and five in the afternoon. Subject to subdivision (d), real property consisting of one parcel, or of two or more contiguous parcels, situated in two or more counties may be sold in one county as instructed by the judgment creditor.
(b) The sale shall be made at auction to the highest bidder.
(c) If personal property capable of manual delivery is to be sold, it shall be within the view of those who attend the sale unless, upon application of the judgment creditor or the judgment debtor, the court orders otherwise.
(d) Property shall be sold separately or in such groups or lots as are likely to bring the highest price. The judgment debtor may request that the property be sold separately or together and may request that the property be sold in a particular order. If the judgment debtor is not present at the sale, the request may be made in writing and delivered to the levying officer prior to the sale. The levying officer shall honor the request if, in the opinion of the levying officer, the requested manner of sale is likely to yield an amount at least equal to any other manner of sale or the amount required to satisfy the money judgment. The levying officer is not liable for a decision made in good faith under this subdivision.
(e) After sufficient property has been sold to yield the amount required to satisfy the money judgment, no more shall be sold.

Plain-English Summary

Once notice has run its course, § 701.570 sets the mechanics of the sale itself. It has to happen at the date, time, and place stated in the notice, within the county where the property sits, and between 9 a.m. and 5 p.m. Contiguous real property parcels spanning more than one county may be sold together in a single county if the creditor instructs it.

The sale itself is by auction to the highest bidder. If personal property capable of manual delivery is being sold, it has to stay within view of the people attending, unless the court orders otherwise on a party's application.

The debtor gets some say in how the sale is organized: property is sold separately or in whatever groups or lots are likely to bring the highest price, and the debtor can request a particular grouping or order, even in writing if not present. The officer honors that request if, in the officer's opinion, it's likely to bring at least as much as any other approach — and isn't liable for a good-faith call either way. Selling stops the moment enough property has been sold to cover the judgment; nothing more gets sold after that.

Frequently Asked Questions

What hours can an execution sale be held?

Between nine in the morning and five in the afternoon, at the date, time, and place stated in the notice of sale.

How is the sale conducted?

At auction to the highest bidder.

Can the debtor influence how the property is grouped for sale?

Yes, the debtor may request that property be sold separately, together, or in a particular order, and the officer honors that request if it seems likely to bring at least as much as any other approach.

Does the officer keep selling property after the judgment amount is covered?

No, § 701.570(e) requires the officer to stop once sufficient property has been sold to satisfy the money judgment.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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: execution sale procedure california