(a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if a proper writ of possession is delivered to the sheriff or marshal and that officer does not execute the writ as provided in subdivisions (a) and (b) of Section 715.020 within three days (Saturday, Sunday, and legal holidays excluded) from the day the writ is delivered to that officer. If the writ is not executed within that time, the levying officer shall upon request give the writ to the judgment creditor or to a registered process server designated by the judgment creditor.
§ 715.040.Execution of Writ By Registered Process Server
Title 9. Enforcement of Judgments · Division 3 · Chapter 3. Judgment for Possession of Real Property · Last amended 1997 · Last verified July 28, 2026
In one sentenceSection 715.040 lets a registered process server execute a writ of possession of real property if the sheriff or marshal hasn't done so within three court days, subject to filing requirements afterward, with the process server's fee potentially recoverable as a cost.
Full Text of § 715.040
(b) Within five days after executing the writ under this section, all of the following shall be filed with the levying officer:
(1) The writ of possession of real property.
(2) An affidavit of the registered process server stating the manner in which the writ was executed.
(3) Proof of service of the writ.
(4) Instructions in writing, as required by the provisions of Section 687.010.
(c) If the writ is executed by a registered process server, the levying officer shall perform all other duties under the writ and shall return the writ to the court.
Plain-English Summary
Sheriffs and marshals can be backed up, and this section gives a judgment creditor a way around the wait. If a proper writ of possession of real property has been delivered to the sheriff or marshal, and that officer hasn't executed it under § 715.020's service steps within three court days, the levying officer must, on request, hand the writ over to the judgment creditor or a registered process server the creditor designates.
The process server follows the same service steps § 715.020 describes, but has to close the loop afterward: within five days of executing the writ, the process server's affidavit describing how it was executed, proof of service, the writ itself, and written instructions under § 687.010 all get filed with the levying officer. The levying officer then handles whatever duties remain and files the return with the court.
Using a process server this way costs money, and § 715.040(d) lets the court, in its discretion, allow that fee as a recoverable cost on a motion under § 685.080, with the amount governed by § 1033.5.
Frequently Asked Questions
When can a registered process server execute a writ of possession of real property?
When the sheriff or marshal, having received a proper writ, hasn't executed it within three court days (excluding Saturdays, Sundays, and legal holidays).
What must be filed after the process server executes the writ?
The writ itself, an affidavit describing how it was executed, proof of service, and written instructions under § 687.010, all within five days, filed with the levying officer.
Can the creditor recover the process server's fee?
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 18. Effective January 1, 1997.
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: registered process server writ of possession california