After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.
§ 712.010.Application For Writ of Possession Or Sale
Title 9. Enforcement of Judgments · Division 3 · Chapter 1. General Provisions · Last amended 1988 · Last verified July 28, 2026
In one sentenceSection 712.010 lets a judgment creditor obtain a writ of possession or sale from the court clerk after judgment, requires a declaration of the property's daily rental value, and limits how quickly a new writ can issue for the same county.
Full Text of § 712.010
Plain-English Summary
This section opens Division 3's enforcement toolkit for judgments awarding possession or sale of property. Once judgment is entered, the judgment creditor applies to the clerk, who issues the writ directed to the levying officer in whatever county the judgment needs enforcing. If the judgment reaches property in more than one county, each county gets its own separate writ.
The application must include a sworn declaration of the property's daily rental value as of the date the unlawful detainer complaint was filed. That figure matters later — § 715.010 requires the writ itself to disclose the daily rental value in eviction cases, since it can affect what an occupant owes for holding over.
Writs can issue one after another until the judgment is fully satisfied, but the statute builds in a pause: a new writ for the same county can't issue until 180 days after the last one, unless that earlier writ was already returned. That rule keeps a creditor from stacking overlapping writs in the same county without accounting for what the last one accomplished.
Frequently Asked Questions
Who issues a writ of possession or sale?
The clerk of the court, upon the judgment creditor's application, after judgment for possession or sale has been entered.
Why does the application need a daily rental value declaration?
Because that figure carries forward into the writ itself under § 715.010, where it can matter for calculating what an occupant owes for continued possession after judgment.
Can a creditor get more than one writ for the same judgment?
Yes, writs may issue successively until the judgment is satisfied, and a separate writ is required for each county where enforcement is needed.
Is there a limit on getting a second writ for the same county?
Yes. A new writ can't issue for that county until 180 days after the earlier writ issued, unless the earlier writ has already been returned.
Amendment History
Amended by Stats. 1988, Ch. 1405, Sec. 1.
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
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