§ 714.030.Order Directing Judgment Debtor to Transfer Possession
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
Full Text of § 714.030
Plain-English Summary
Not every creditor wants to wait on a levying officer's search. This section offers a direct route: after judgment for possession of personal property, whether or not a writ has even been issued, the creditor can ask the court for an order that goes straight to the judgment debtor, directing the debtor to hand over the property, its documentary title evidence, or both.
The application can be made ex parte, without advance notice to the debtor, unless the court directs otherwise or a local court rule requires a noticed motion instead. Either way, the court needs a showing of need before issuing the order — it isn't automatic.
Once issued, the order has to be personally served on the judgment debtor, and it must warn the debtor that failing to comply can lead to being held in contempt of court. That contempt exposure is what gives this order its bite, separate from whatever a levying officer might accomplish under § 714.020.
Frequently Asked Questions
Does a creditor need a writ of possession before seeking this order?
No. Section 714.030(a) allows the application whether or not a writ of possession of personal property has been issued.
Can this application be made without notifying the debtor?
Yes, ex parte, unless the court directs a noticed motion or a court rule requires one.
What must the creditor show to get this order?
A showing of need for the order, which the court evaluates before issuing it.
What happens if the debtor ignores the order?
The order must warn the debtor that noncompliance may result in being held in contempt of court, and it must be personally served.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.