(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.
§ 704.750.Notice Served On Judgment Creditor that Dwelling Levied On; Application By Creditor For Order of Sale
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 4. Homestead Exemption · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 704.750 requires the levying officer to notify a judgment creditor after levying on a dwelling, gives the creditor 20 days to apply to the court for an order of sale or lose the levy, and directs the application to the county where the dwelling sits if that differs from where judgment was entered.
Full Text of § 704.750
(b) If the dwelling is located in a county other than the county where the judgment was entered:
(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.
(2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment.
(3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
Plain-English Summary
Levying on a home doesn't end the process — it starts a clock. Once a levying officer levies on a dwelling (other than the personal-property or short-leasehold dwellings covered by § 704.740(b)), the officer has to promptly notify the judgment creditor that the levy occurred and that the property will be released unless the creditor acts.
The creditor then has 20 days from service of that notice to apply to the court for an order for sale and to file a copy of that application with the levying officer. Miss that window, and the levying officer releases the dwelling — the creditor loses the benefit of the levy entirely rather than merely facing a delay.
If the dwelling sits in a different county than the one where the judgment was entered, the creditor has extra steps: apply to the superior court where the dwelling is located, file an abstract of judgment (or, for certain judgments, a certified copy) with the application, and pay the filing fee required for that motion.
Frequently Asked Questions
What happens after a levying officer levies on someone's home?
The officer must promptly notify the judgment creditor of the levy and that the property will be released unless the creditor applies for a court order for sale within 20 days.
What if the creditor misses the 20-day deadline?
The levying officer releases the dwelling, meaning the creditor loses the benefit of that levy.
What if the home is in a different county from where the judgment was entered?
The creditor must apply to the superior court where the dwelling sits, file an abstract of judgment or certified copy of the judgment with the application, and pay the applicable motion filing fee.
Amendment History
Amended by Stats 2005 ch 75 (AB 145),s 37, eff. 7/19/2005, op. 1/1/2006
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: deadline to apply for order of sale california homesteadlevy on house creditor deadline california