(a) To execute the writ of possession of personal property, the levying officer shall search for the property specified in the writ and, if the property is in the possession of the judgment debtor or an agent of the judgment debtor, take custody of the property in the same manner as a levy under a writ of execution on such property in the possession of the judgment debtor. Custody of personal property used as a dwelling shall be taken as provided by Section 700.080. Custody of property in a private place shall be taken as provided by Section 699.030. If the levying officer obtains possession of the property specified in the writ of possession, the levying officer shall deliver the property to the judgment creditor in satisfaction of the judgment.
§ 714.020.Execution of Writ
Title 9. Enforcement of Judgments · Division 3 · Chapter 2. Judgment for Possession of Personal Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 714.020 directs the levying officer to search for and take custody of the property described in a writ of possession of personal property, and, if that fails, to demand it from the judgment debtor before the judgment can instead be enforced as a money judgment for the property's stated value.
Full Text of § 714.020
(b) If the property specified in the writ of possession cannot be taken into custody, the levying officer shall make a demand upon the judgment debtor for the property if the judgment debtor can be located. If custody of the property is not then obtained, the levying officer shall so state in the return. Thereafter the judgment for the possession of the property may be enforced in the same manner as a money judgment for the value of the property as specified in the judgment or a supplemental order.
(c) The writ of possession of personal property may, under the circumstances described in subdivision (b), be treated as a writ of execution.
Plain-English Summary
Executing this writ starts with a search. The levying officer looks for the property named in the writ and, if it's in the possession of the judgment debtor or the debtor's agent, takes custody the same way a levy under a writ of execution would — following the special dwelling procedure of § 700.080 or the private-place procedure of § 699.030 when those apply. Once the officer has the property, it goes straight to the judgment creditor.
Not every search succeeds. If the officer can't take custody of the property, the next step is a demand on the judgment debtor, if the debtor can be located. If that still doesn't produce the property, the officer notes the failure in the return, and from that point the judgment can be enforced the way a money judgment for the property's value would be — using the value stated in the judgment or a supplemental order under § 714.010.
Subdivision (c) ties that fallback together: once those circumstances arise, the writ of possession of personal property may itself be treated as a writ of execution, without the creditor needing to start over with a separate writ.
Frequently Asked Questions
What does the levying officer do first under this writ?
Search for the described property and, if it's found in the debtor's or the debtor's agent's possession, take custody of it in the same manner as a levy under a writ of execution.
What happens if the officer can't take custody of the property?
The officer demands the property from the judgment debtor if the debtor can be located, and notes in the return if that demand doesn't succeed either.
What happens if the property is never obtained?
The judgment can then be enforced in the same manner as a money judgment for the property's value, and the writ may be treated as a writ of execution.
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 of writ of possession personal property california