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§ 715.020.Execution of Writ

Title 9. Enforcement of Judgments · Division 3 · Chapter 3. Judgment for Possession of Real Property · Last amended 1991 · Last verified July 28, 2026

In one sentenceSection 715.020 requires the levying officer to serve the writ of possession of real property on an occupant (or post it and serve the judgment debtor), then remove anyone who hasn't vacated within five days, while protecting from removal anyone not named in the writ who claims an independent, pre-existing right to possession.

Full Text of § 715.020

Text sizeJump to: (a) (b) (c) (d)

To execute the writ of possession of real property:
(a) The levying officer shall serve a copy of the writ of possession on one occupant of the property. Service on the occupant shall be made by leaving the copy of the writ with the occupant personally or, in the occupant's absence, with a person of suitable age and discretion found upon the property when service is attempted who is either an employee or agent of the occupant or a member of the occupant's household.
(b) If unable to serve an occupant described in subdivision (a) at the time service is attempted, the levying officer shall execute the writ of possession by posting a copy of the writ in a conspicuous place on the property and serving a copy of the writ of possession on the judgment debtor. Service shall be made personally or by mail. If the judgment debtor's address is not known, the copy of the writ may be served by mailing it to the address of the property.
(c) If the judgment debtor, members of the judgment debtor's household, and any other occupants holding under the judgment debtor do not vacate the property within five days from the date of service on an occupant pursuant to subdivision (a) or on the judgment debtor pursuant to subdivision (b), the levying officer shall remove the occupants from the property and place the judgment creditor in possession. The provisions of Section 684.120 extending time do not apply to the five-day period specified in this subdivision.
(d) Notwithstanding subdivision (c), unless the person is named in the writ, the levying officer may not remove any person from the property who claims a right to possession of the property accruing prior to the commencement of the unlawful detainer action or who claims to have been in possession of the property on the date of the filing of the unlawful detainer action. However, if the summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, no occupant of the premises, whether or not the occupant is named in the judgment for possession, may object to the enforcement of the judgment as prescribed in Section 1174.3.

Plain-English Summary

This section walks through how the writ of possession of real property gets carried out. The levying officer first tries to serve a copy personally on an occupant — or, in that occupant's absence, on someone of suitable age and discretion found on the property who works for or lives with the occupant. If no one fitting that description can be served, the officer instead posts the writ conspicuously on the property and serves the judgment debtor personally or by mail.

From whichever service date applies, occupants have five days to vacate. Miss that window, and the officer removes everyone and places the judgment creditor in possession — and § 684.120's general rule extending time periods doesn't stretch this particular five-day clock.

Subdivision (d) draws an important boundary: unless a person is named in the writ itself, the officer can't remove someone who claims a right to possession predating the unlawful detainer action, or who claims to have already been in possession when the action was filed. That protection disappears, though, if the occupants were served under the § 415.46 prejudgment claim-of-right-to-possession procedure — in that situation, no occupant can raise the § 1174.3 objection to enforcement, named or not.

Frequently Asked Questions

How does the levying officer serve the writ of possession of real property?

By personally serving one occupant, or, in that occupant's absence, a suitable person found on the property connected to the occupant; if no one can be served that way, by posting the writ and serving the judgment debtor personally or by mail.

Can the five-day period to vacate be extended?

No. Section 715.020(c) specifically excludes this five-day period from § 684.120's general rule extending statutory time periods.

Can the officer remove someone who isn't named in the writ?

Generally not if that person claims a right to possession arising before the unlawful detainer action, or claims to have been in possession when it was filed — unless the § 415.46 prejudgment procedure was used, which removes that protection.

Amendment History

Amended by Stats. 1991, Ch. 57, Sec. 4. Effective June 17, 1991.

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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