§ 701.580.Request to Postpone Sale
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
Full Text of § 701.580
Plain-English Summary
Sometimes both sides want more time — to negotiate, to arrange financing, or because circumstances changed. Section 701.580 lets the debtor and creditor together request, in writing delivered to the levying officer, that the sale be postponed to a day and hour they agree on.
The officer carries out that postponement by publicly declaring it at the time and place originally set for the sale. Any later postponements work the same way — a public declaration at whatever time and place was last appointed — and no other notice has to be given. Wherever the sale ultimately happens, it stays at the place originally fixed for it.
Frequently Asked Questions
Who can request that an execution sale be postponed?
The judgment debtor and judgment creditor together, by a written request delivered to the levying officer.
How is a postponement announced?
By public declaration by the levying officer at the time and place originally set for the sale.
Is any additional notice required for further postponements?
No, each additional postponement is announced the same way, by public declaration at the time and place last appointed, with no other notice required.
Does a postponed sale move to a different location?
No, a postponed sale is held at the place originally fixed for the sale.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.