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This section informs requesters what documents and information the Civil Division needs to carry out an eviction once a plaintiff has obtained a judgment in court and a Writ of Possession of Real Property. The Sheriff’s Department is prohibited from providing legal advice.
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| COURT DOCUMENT(S) REQUIRED | |
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| LETTER OF INTRODUCTIONS | |
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The full physical street address of the property from which occupants are to be removed must be correctly reflected on both the Sheriff's Instructions and the Writ of Possession (e.g. 250 E. Hackett Road, Modesto, CA. 95358 or 801 11th Street, Suite#2200, Modesto, CA. 95354). Discrepancies between the actual physical street address and the address listed on the writ may result in the writ being returned to the court as "Not Served-Incorrect Address for Service." The address numbers and/or apartment or space numbers must be clearly marked and identifiable on the property for the Sheriff’s Department to proceed with the eviction process. If the property is protected by a security gate, provide a gate code or key for the deputies to gain access to post the Notice of Eviction. Any keys provided will be returned when the eviction is completed. Provide the name and telephone number(s) of the plaintiff or the plaintiff’s designated agent who will meet the Sheriff’s Deputies to take possession of the property once the eviction is complete. The plaintiff’s attorney, or the plaintiff (if not represented by an attorney) must sign and date the instructions. Please include a map or diagram if the residence, apartment or trailer is difficult to locate or unmarked due to tenant interference. Please identify any hazards and/or problems the deputies may encounter, such as the following:
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| TIME OF SERVICE | |
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The Sheriff will serve a 5-Day “Notice to Vacate” within three (3) business days after receipt of the writ. The eviction will occur as soon as possible after the expiration of the 5-Day notice. Evictions take place three days per week (excluding holidays and weekends) by region of the county as follows:
The Writ of Possession of Real Property expires 180 days after issuance. |
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| MANNER OF SERVICE | |
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The 5-Day “Notice to Vacate” will be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s). Our Eviction Clerk will contact the plaintiff/agent and arrange a date and time for the “Lock Out,” which is the restoration of the property to the plaintiff. It is the plaintiff/agent’s responsibility to be on time for the scheduled eviction. Deputies will wait only five minutes after the appointed time. The eviction will then have to be rescheduled and reposted (Fee $30.00). Please be aware, however, that often Deputies are late due to law enforcement needs elsewhere. If the Deputies are over 45 minutes late, call our eviction desk at 209-567-4210 for an update on their status. After expiration of the 5-Day notice, uniformed Deputies will meet with the Plaintiff/Agent at the appointed date/time and remove anyone who remains on the premises. The plaintiff/agent must arrange to make entry into the residence. A locksmith is strongly recommended since locks often are changed or damaged. Sheriff’s Deputies will “Knock and Announce” their identity, state their purpose and demand entry into the residence. If there is no answer, it is the plaintiff/agent’s responsibility to gain entrance (a locksmith is strongly recommended). The plaintiff/agent must remain outside the residence until it has been cleared by the Deputies and turned over to him/her. Deputies will not force entry nor will they climb through windows to gain entrance into the residence. If the plaintiff/agent cannot gain entry into the residence, the eviction will have to be rescheduled and reposted (Fee $30.00). If entry is made, Deputies will clear the residence of all occupants, turn possession of the property over to the plaintiff/agent and post a “Notice of Restoration” on the front of the property. Any property of the debtor/tenant(s) left on the premises is turned over to the plaintiff/agent for storage and disposition as specified by law (Code of Civil Procedure § 715.030 and § 1174(e) through (m), and Civil Code § 1965 through 1991). After Deputies have enforced the eviction, the plaintiff /agent will be provided with a “Notice of Restoration.” Anyone entering the property without the owner/agent’s permission is subject to arrest for trespassing pursuant to Penal Code § 419 and § 602 as stated on the “Notice of Restoration.” The owner/agent should keep a copy of the “Notice of Restoration” to provide to the local law enforcement agency should violations occur after the eviction is completed. |
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| FEE DEPOSIT | |
| Notification will be made in the event there are Sheriff’s costs. | |
| FEE | |
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| PROOF OF SERVICE | |
| After the eviction is completed, the Sheriff will provide the plaintiff/agent with a “Notice of Restoration” and send the writ together with the Sheriff’s return to the issuing court. A Proof of Service is not issued. Instead, a return detailing the Sheriff’s actions is prepared by Civil Division staff, which accompanies the writ when it is returned to the court. | |
| WHAT IS REQUIRED CHECKLIST | |
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$75.00 fee deposit |
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Original letter of Instructions identifying any potential hazards or problems signed and dated by the judgment creditor’s attorney or the judgment creditor (if the judgment creditor does not have an attorney). |
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Original Writ of Possession (Real Property) plus three copies for the first debtor and one copy for each additional debtor. |
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Diagram of location of property—If applicable |
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Gate code, key or opener—If applicable |
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Submit to Sheriff no later than 150 days after the date of issuance on the Writ of Possession |
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Note: A locksmith is strongly recommended to gain entry into the residence. Deputies will not force entry or attempt entry via side or rear doors or windows. |
Last Updated on October 13, 2004 Comments to the Web Master
