General Fee:
Sheriff is required by law to charge fees for most civil process actions. You must pay a fee deposit, in advance, from which the Sheriff will deduct fees. Fee deposits range from $45 for a wage garnishment to $3500 or more to levy on a business. The fee and fee deposit are listed in the Information Guides for each type of process service and enforcement action. In addition to the Sheriff’s levy fee, other costs may include charges for moving and storage, towing, recording, publishing in a newspaper, and keepers. Any unused portion of the fee deposit is refunded. Sheriff fees are added to your judgment and increases the amount the debtor must pay to fully satisfy the case.

Sheriff’s Instructions:
Signed instructions directing the Sheriff to serve process or perform an enforcement action are required. The instructions must be signed by your attorney or by you, if you don’t have an attorney. A Sheriff’s Instructions form accompanies the Information Guide for each type of process or enforcement action. If you do not find the type of process or enforcement action listed, you may click Sheriff’s Instructions (Miscellaneous) below for a general purpose form.

Sheriff’s Instruction (Miscellaneous) form may be used if your process or enforcement action is not listed under PROCESS SERVICE or ENFORCEMENT. Please telephone the serving Branch to ascertain the proper fee deposit amount and any special requirements for service. If your matter involves a child custody case from a court outside California, you should telephone the Los Angeles County District Attorney, Child Abduction Section (213 974-3931), which is specially funded and trained to be of assistance. Also, the Sheriff only serves judicial process and will not serve dunning or late payment notices, invoices, letters or other non-legal documents.

Automated RPS Appointment System Sign In

NOTICE TO REGISTERED PROCESS SERVERS

To register, click on the link above, “Automated RPS Appointment System Sign In” and follow the instructions.

The following will be effective January 1, 2024.

All agents using the Automated RPS Appointment System will need to show their RPS card to keep their registration active.  Copies of the card may be emailed to jcfernan@lasd.org or  haslatte@lasd.org.  RPS agents/runners submitting openings should wait in a waiting area in the lobby or outside of the office.

Cases entered into the Automated RPS Appointment System will be allowed to be edited, but no editing on the day of the appointment will be allowed.  New openings or edits will cease at 5:00 p.m. the day prior to an appointment.  Only the cases entered in the Automated RPS Appointment System will be accepted.  Walk-in RPS Openings will no longer be accepted.  RPS openings must have an appointment.

A new pilot project to expand CT Corporation System services.

Our offices will allow RPS Openings limited to staff availability.  Our Los Angeles office will continue to accept a maximum of 70 openings.   All other CMB offices will have their own maximum limitations built into the Automated RPS Appointment System.  Example: Chatsworth can accept a maximum of 30 RPS openings.  Our current policy of opening where the Sheriff would serve remains in effect.

However, if the maximum openings in an office are not prescheduled by 5:00 p.m. the day prior, one appointment for a maximum of 10 services for CT Corporation System services will be available at 1:00 p.m.

RPS closings (proof of service) must be submitted no later than 3:00 p.m.  A reminder that all subsequent paperwork or services must be submitted to the office where the original opening was submitted.

RPS appointment procedures:

1. Agents may make appointments Monday through Friday for the following week, excluding holidays.
2. Agents may book one time slot at a time to open a maximum of 10 cases per attorney office.
3. Agents must wait 15 minutes before another appointment can be made in a specific office. Other appointments will immediately be allowed in a different office.
4. Once all time slots for each day are filled, the appointment book will be closed.

Opening cases in the proper CMB office determined by service area is still in effect. Service on CT Corporation System must still be filed in Los Angeles only. A Maximum of 70 RPS openings per day in Los Angeles and Inglewood offices is still in effect. The maximum RPS openings in our other offices may be restricted if it is determined an increase of volume demands. Subsequent services during the life of a writ MUST be opened in the original filing office.

To accommodate the appointments with the best efficiency, we are requesting the following cooperation:

• At the time of their appointment, RPS agents will be called to the window and may provide the paperwork for review. Please be on time. Late RPS agents may not have all 10 filings reviewed
• Agents should wait for their receipt before leaving to ensure proper acceptance. Review of paperwork should take no more than 1 hour.
• Only provide the required Levying Officer documents for the garnishment to be served. See Documents Provided to Levying Officer on the following pages. Please provide the documents in the order listed. The order requested is a strong suggestion to speed up review. However, the order of the submitted documents is of lessor concern.

Documents Provided to Levying Officer
(Do not provide documents not listed below)

Writ of Attachment (CCP 488.080) (openings)

• Copy of Writ of Attachment.
• Written instructions for service from the attorney of record, including electronic writ requirements if applicable.
• Statutory fee payable to Los Angeles County Sheriff.

Within 5 court days from service, file the following with the Levying Officer (closings)

• Original Writ of Attachment (if not provided at opening and is not electronically issued).
• Proof of Service by RPS stating the manner of levy performed.
• Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300).
• Proof of Service of the copy of the writ and notice of attachment on the defendant.
  • If the defendant is a natural person, the Proof must include service of:
    • A Copy of Exemptions from The Enforcement of Judgments (EJ-155)
    • A Copy of Current Dollar Amounts of Exemptions from Enforcement of Judgments (EJ-156)
    • A Copy of the Claim of Exemption (AT-155)
    • A Copy of the Financial Statement (EJ-165)

Documents Provided to Levying Officer
(Do not provide documents not listed below)

Writ of Execution (CCP 699.080) (openings)

• Copy of Writ of Execution for Money Judgment
• Written instructions for service from the attorney of record, including electronic writ requirements if applicable.
• Statutory fee payable to Los Angeles County Sheriff

Within 5 court days from service, file the following with the Levying Officer (closings)

• Original Writ of Execution for Money Judgment (if not provided at opening and is not electronically issued).
• Proof of Service by RPS stating the manner of levy performed.
• Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).
• Proof of Service of the copy of the writ and notice of levy on the judgment debtor.
  • If the judgment debtor is a natural person, the Proof must include service of:
    • A Copy of Exemptions from The Enforcement of Judgments (EJ-155)
    • A Copy of Current Dollar Amounts of Exemptions from Enforcement of Judgments (EJ-156)
    • A Copy of the Claim of Exemption (EJ-160)
    • A Copy of the Financial Statement (EJ-165)
    • A Copy of the Affidavit of Identity (if applicable)

Documents Provided to Levying Officer
(Do not provide documents not listed below)

Earnings Withholding Order (CCP 706.108) (openings)

• Copy of the Writ of Execution for Money Judgment
• Application for Issuance of Earnings Withholding Order (Written instructions from the attorney of record are not required if the attorney is signing the Application for Earnings Withholding Order)
• A copy of the Earnings Withholding Order.
• Statutory fee payable to Los Angeles County Sheriff

Within 5 court days from service, file the following with the Levying Officer (closings)

• Original Writ of Execution for Money Judgment (if not provided at opening and is not electronically issued).
• Proof of Service by RPS on the employer (CCP 706.108(c)) of:
  • Original and one copy of Earnings Withholding Order.
  • A Copy of the Employer’s Instructions (page 2 of EWO).
  • Employer’s Return (WG-005)
  • A Copy of Employee Instructions (WG-003)
  • A Copy of the Claim of Exemption (WG-006)
  • A Copy of the Financial Statement (WG-007)

Court Document Required:
One copy of the Application and Order for Appearance of and Examination (form AT-138/EJ-125).

Purpose of Process:
The debtor is required to appear in court to furnish information about the debtor’s assets. Service of the order also creates a lien on the debtor’s personal property for one year.

Sheriff’s Instructions:
Provide the address where the debtor usually lives or works. The creditor’s attorney or the creditor (if the creditor does not have an attorney) must sign and date the instructions.

Time for Service:
The order must be served at least ten (10) days before the hearing.

Manner of Service:
Personal service only.

Fee Deposit:
$50.00.

Fee:
$50 if served (GC 26721)or canceled (GC 26736), and $50 if Not Found (GC 26738).

Proof of Service:
The Sheriff mails a Proof of Service to court and a Notice of Service to the creditor if the process is served. A Not Found/No Service return is mailed to the creditor explaining the reason for non-service.

Information Guide:
A creditor may obtain an Application and Order for Appearance and Examination from the court clerk’s office to aid the creditor’s collection effort. The Application and Order for Appearance and Examination commands the judgment debtor to appear in court to furnish information about the debtor’s property and assets. It must be personally served on the debtor at least 10 days before the examination hearing. Service of the process also creates a lien on the debtor’s personal property for one year. The court may issue a bench warrant for the debtor’s arrest if the debtor fails to appear in court. Only the Sheriff, registered process server, or a person appointed by the court can serve the Application and Order for Appearance and Examination. The Sheriff will make up to three attempts to serve the debtor.  If the debtor is served, the Sheriff will file a Proof of Service with the court and mail a Notice of Service to the creditor. If service is unsuccessful, the Sheriff will mail a Notice of Not Found/No Service detailing the reasons for non-service to the creditor. The creditor should use the Case Inquiry and view the “Service Details” if a mailed notification is not received at least five days before the hearing.  If the process is not served, the hearing cannot take place.  Consider contacting the clerk’s office to reschedule the hearing and attempt service again.

Checklist:

• $50.00 fee deposit payable to Los Angeles County Sheriff.
• Sheriff Instructions.
• One copy of Application and Order for Appearance and Examination.
• Deliver to the Sheriff at least three weeks before the hearing date.  Find Serving Office

Court Document required:
Original Writ of Execution-Money Judgment (form EJ-130) plus three copies; IF APPLICABLE: spousal affidavit (original and two copies); fictitious business name statement (one certified copy plus two copies); affidavit of identity (three copies); court order authorizing a levy on a third person’s bank account (original and two copies); application for writ of execution (three copies).

Purpose of Process:
The writ authorizes the Sheriff to serve a garnishment on the debtor’s bank. The bank is required to remit monies from the debtor’s account to the Sheriff or explain why funds will not be remitted.

Sheriff’s Instructions:
Specify the name and address of the branch of the financial institution (bank, credit union, etc.) where the debtor’s account is located. Specify the name of the debtor whose account is to be garnished. Reference any additional document (affidavit of identity, spousal affidavit, fictitious business name statements, court order to levy on a third party’s account.) California law has recently changed and you may need to provide an address for a centralized location in California. In accordance with Code of Civil Procedure Section 684.115 (AB 2364), the following link (https://dfpi.ca.gov/central-locations-for-service-of-legal-process.asp) provides the designated locations for service of legal process that have been filed with the DBO by financial institutions* doing business in California. For more information, please see Information on Central Locations for Service of Legal Process or contact Licensing@dbo.ca.gov. The creditor’s attorney or the creditor (if the creditor does not have an attorney) must sign and date the instructions.

Time for Service:
The writ of execution expires 180 days after the issuance.

Method of Levy:
Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the financial institution. The bank is required to remit funds to the Sheriff or explain in the memorandum of garnishee any reason for not remitting funds.

Fee Deposit:
$50.00.

Fee:
$50 if served (GC 26721)or canceled (GC 26736), and $50 if Not Found (GC 26738).

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Information Guide:
The creditor may instruct the Sheriff to levy on a judgment debtor’s deposit account at a financial institution (bank, savings and loan, credit union) pursuant to a writ of execution (money judgment). A deposit account standing only in the name of the debtor or a joint account shared by the debtor and another person is subject to levy. The garnishment must be served at the specific branch where the account is maintained and only attaches those funds in the account at the time of service. The bank is required to mail the funds to the Sheriff within 15 days after service of the garnishment. If funds are not remitted, the bank must mail a memorandum of garnishee to the Sheriff explaining why the funds were not remitted. The Sheriff will mail a copy of the memorandum to the creditor.

If the account is a joint account standing in the name of the debtor and someone who is not a debtor, the bank will provide the name and address of the third party in the memorandum of garnishee. The Sheriff will notify the third party and wait 15 days for the third party to contest the levy. If the third party takes no action within the 15-day period, the Sheriff will mail a notice to the bank directing the bank to remit the funds to the Sheriff.
A court order is required if the account stands in the name of a third party and is not shared with the debtor, unless the third party is a spouse.

A spousal affidavit is required to levy on an account standing in the name of a spouse who is not a named debtor, unless the account is shared with the debtor.

An unexpired, certified copy of a fictitious business name statement is required to levy on an account standing in the name of a fictitious business, e.g., John Smith dba Smith Enterprises. However, all parties listed as registrants in the fictitious business name statement must be either a debtor or the spouse of a debtor. The Sheriff cannot serve the garnishment if one of the registrants is not a debtor or spouse.

A memorandum of garnishee that indicates the debtor’s account is direct deposit social security or public benefits account operates as a claim of exemption. The Sheriff will mail the memorandum together with instructions on how to oppose the exemption to the creditor. If the creditor does not timely oppose the exemption, the Sheriff must release the levy.

The application for writ of execution is required if the writ was issued for child or spousal support.

Checklist:

• $50.00 fee deposit payable to Los Angeles County Sheriff.
• Sheriff Instructions and Special Instructions.  Provide the instructions with one copy.
• Original Writ of Execution-Money Judgment (form EJ-130) plus three copies.
• Original and two copies of any spousal affidavit (if applicable).
• One certified copy of an unexpired fictitious business name statement plus two copies (if applicable).
• Three copies of an affidavit of identity (if applicable).
• Original and two copies of a court order authorizing a levy on a third person’s bank account (if applicable).
• Three copies of the application for writ of execution (if applicable).
• Deliver to Find Serving Office

Court Document required:
Original Writ of Attachment (form AT 135) plus three copies; three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint (form SUM-100/PLD-C-001or PLD-PI-001), if not already served.

Purpose of Process:
A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory. The inventory is moved to storage after two days, or ten (10) days if the defendant is a natural person (and) the writ was issued ex parte. The Sheriff holds the property and cash proceeds until the lawsuit is adjudicated.

Sheriff’s Instructions:
Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff does not have an attorney) must sign and date the Sheriff’s instructions.

Time for Service:
The Writ of Attachment expires 60 days after receipt by the Sheriff.

Method of Levy:
The method of levy is seizure by placing a keeper at the business, collecting cash proceeds and storing the property until the case is adjudicated.

Fee Deposit:
$1,750.00 plus moving and storage, or $8,150.00 plus moving and storage if the debtor is a natural person and the writ was issued ex parte.  Checks made payable to Los Angeles County Sheriff.

Fee:
Sheriff $125.00 (GC 26722, 26726(a), GC 26748), $125 if Not Found (GC 26738, GC 26726(c)), and $50 if canceled (GC 26736).

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Information Guide:
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The Sheriff places a keeper (custodian) in the business to collect sales proceeds, prevent the removal of any stock-in-trade and to prepare an inventory. The property is moved to storage at the end of two days (if the defendant is corporation, partnership, LLC, etc.) or ten days (if the defendant is a natural person). The Sheriff holds all monies and property pending the outcome of the lawsuit. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.

Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)

The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the number of keepers utilized and the duration of the levy. The plaintiff should contact the Sheriff to determine the levy fee amount and to obtain the name and telephone number of a moving and storage company. The Sheriff’s instructions must include an estimate for moving and 30 days storage and the name and telephone number of the moving company employee who provided the quote. The advanced fee deposit only covers the total of the Sheriff’s levy fee and the initial placement of the keeper.  The estimated costs for moving and storage and additional levy fees must be provided when the Sheriff informs the attorney.  If the costs are not provided, the levy is released.

Checklist:

• Fee deposit: varies
• Original Writ of Attachment plus three copies
• Three copies of the order for issuance of writ
• Two copies of summons and complaint (if not previously served)
• Sheriff’s Instructions and Special Instructions. Provide the instructions with two copies.
• Submit to Find Serving Office

Court Document required:
Original After Hearing Writ of Possession – Claim and Delivery (form CD-130) plus three copies; three copies of the Order for Writ of Possession (form CD-120); three copies of the undertaking.

Original Ex Parte Writ of Possession – Claim and Delivery (form CD-130) plus three copies; three copies of the Order for Writ of Possession (form CD-120); three copies of the undertaking; three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110); three copies of the Application for Writ of Possession (form CD-100); three copies of any affidavits in support; two copies of the summons and complaint (if not previously served)

Purpose of Process:
The Writ of Possession (Claim and Delivery) directs the Sheriff to seize and store the property for 10 days. If the defendant does not post a redelivery bond, the property is transferred to the plaintiff.
Sheriff’s Instructions:
Describe the property and specify the address where it is located. Provide the name and telephone number of a “spotter” who can identify the property. Indicate whether the defendant has appeared in the action (ex parte writ only). The plaintiff’s attorney, or the plaintiff (if the plaintiff does not have an attorney) must sign and date the Sheriff’s instructions.

Time for Service:
The writ expires 60 days after issuance by the court.

Method of Levy:
The method of levy is seizure in which the Sheriff seizes the property from the possession of the defendant and stores it for 10 days.

Fee Deposit:
$300.00 or more.  Effective January 1, 2024, the deposit increases to $500.

Fee:
$100 plus moving and storage costs (GC 26722, GC 26748), plus $140 if a keeper is used to facilitate the seizure (26726(a)) , $35 if Not Found (GC 26738), and $40 if canceled (GC 26736).

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Information Guide:
In a claim and delivery action the lawsuit is for ownership of personal property. A writ of possession (claim and delivery) directs the Sheriff to seize the property and store it for 10 days. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of the writ. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. Usually, the court requires the plaintiff to post an undertaking to protect (indemnify) the defendant from a wrongful seizure. If the defendant does not post a redelivery bond protecting (indemnifying) the plaintiff within the 10-day period, the Sheriff will deliver the property to the plaintiff, who must hold it until a judgment is rendered in the lawsuit.

Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

The Sheriff must serve copies of the writ and other court documents on the defendant. If the writ of possession was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must indicate whether the defendant appeared in the action if the writ was issued ex parte.

The plaintiff must make an advance deposit with the Sheriff to cover levy fees and moving and storage costs. The Sheriff’s levy fees will vary depending on the need to utilize a keeper while the property is being removed. The plaintiff should contact the Sheriff to determine the levy fee amount and to obtain the name and telephone number of a moving and storage company. The Sheriff’s instructions must include an estimate for moving and 30 days storage and the name and telephone number of the moving company employee who provided the quote. The advanced fee deposit is the total of the Sheriff’s levy fees plus the estimated costs for moving and storage.

Unless the property is readily identifiable, specify in the Sheriff’s instructions the name and telephone number of a “spotter” who will meet the Sheriff at the location and identify the property.

If the Order for Writ of Possession includes an order directing transfer and the property is not at the location, the Sheriff will personally serve the order on the defendant. The Order directing transfer commands the defendant to surrender the property directly to the plaintiff and is used as an aid, not a substitute for seizure by the Sheriff.

Property that is not in the possession of the defendant cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the defendant.

Checklist:

• Fee deposit: $300 or more plus moving and storage costs and $140 keeper fee (if applicable).  Effective January 1, 2024, the deposit increases to $500.
• Original Writ of Possession – Claim and Delivery (form CD-130) plus three copies
• Three copies of the Order for Writ of Possession (form CD-120)
• Three copies of the undertaking
• Three copies of the Order for Writ of Possession (form CD-120) (ex parte writ only)
• Three copies of the undertaking (ex parte writ only)
• Three copies of the Notice of Application for Writ of Possession and Hearing (form CD-110) (ex parte writ only)
• Three copies of the Application for Writ of Possession (form CD-100) (ex parte writ only)
• Three copies of any affidavits in support
• Two copies of the summons and complaint (if not previously served)
• Sheriff’s Instructions.  Provide the instructions with two copies

Submit to Find Serving Office

Court Document required:
Original Writ of Execution (Money Judgment) (form EJ-130) plus one copy.

A copy of the affidavit which accompanied the Application for Issuance of Writ of Execution authorizing support (support writ only).

Purpose of Process:
The employer is required to remit up to 20% to of the debtor’s wages to the Sheriff for payment to the creditor. If the writ of execution is for support, the amount withheld is 50%.

Sheriff’s Instructions:
None. The Application for Earnings Withholding Order is required instead.

Time for Service:
The Earnings Withholding Order remains in effect for 10 years and must be served no later than 180 days after the issuance of the Writ of Execution. If for support, the withholding order remains in effect until it is paid in full.

Manner of Service:
The Sheriff will serve the Earnings Withholding Order by First Class Mail. If the Employer’s Return (WG-005) is not received from the employer within 25 days after mailing, the Sheriff will attempt personal service. The vast majority of withholding orders are successfully served by mail.

Fee Deposit:
$45.00 payable to Los Angeles County Sheriff.

Fee:
$45.00 if served (GC 26750), not found (GC 26738) or canceled (GC 26736).

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. However, a copy of the Employer’s Return is mailed to the creditor upon receipt by the Sheriff.

Information Guide:
An Earnings Withholding Order (wage garnishment) requires an employer to withhold and remit up to 20% of the debtor’s disposable earnings (net income) for that week or 40% of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph to the Sheriff for payment to the creditor. The withholding amount is 50% if the writ is for spousal or child support. The Earnings Withholding Order remains in effect for 10 years or indefinitely (if for support) until the judgment is paid, the debtor ceases to work for that employer, a higher priority Earnings Withholding Order takes effect (such as an Earnings Withholding Order for child support) or the Order is terminated by operation of law (court order or failure to file Opposition to Claim of Exemption.) If the earnings withholding order is not for spousal or child support, the debtor may file a claim of exemption with the Sheriff in an attempt to terminate the wage garnishment or to reduce the withholding amount. The Sheriff will mail a copy of any claim of exemption and instructions on how to oppose the claim to the creditor. The wages of a spouse not listed as a debtor on the writ of execution may only be garnished pursuant to a court order.

An Earnings Withholding Order should be used to levy on monies earned by the debtor for personal services rendered (whether called wages, salary, commissions, bonuses, or anything else).

The Earnings Withholding Order includes a warning to the employer stating, “It is illegal not to pay amounts withheld for the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the levying officer who will pay the money in accordance with the laws that apply to this case. If you violate any of these laws, you may be held liable to pay civil damages and you may be subject to criminal prosecution.” The Sheriff’s responsibilities are limited to serving the earnings withholding order and receiving and disbursing collected monies. The Sheriff cannot call or otherwise attempt to compel an employer to comply with the wage garnishment. CCP 708.210 et seq. provides for a creditor’s lawsuit. CCP 708.120 provides for an order to examine the records of the employer.

Checklist:

• $45 fee deposit payable to Los Angeles County Sheriff
• original Writ of Execution (Money Judgment)
• original Application for Earnings Withholding Order
• copy of Affidavit which accompanied the Application for Issuance of Writ of Execution authorizing support (support writ only)
• submit to Find Serving Office no later than 160 days after issuance of the Writ of Execution

Court Document required:
Original Writ of Attachment (form AT 135) plus three copies; three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint, if not already served.

Purpose of Process:
A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds and prevent the removal of any inventory.

Sheriff’s Instructions:
Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff’s instructions.

Time for Service:
The Writ of Attachment expires 60 days after receipt by the Sheriff.

Manner of Service:
The method of levy is seizure by placing a Sheriff’s keeper in the defendant’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period.

Fee Deposit:
$350 payable to Los Angeles County Sheriff.

Fee:
$300 if served, $125 if Not Found, and $50 if canceled.

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the keeper is placed.

Information Guide:
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. The placement of a keeper in the defendant’s business for an 8-hour period is a relatively inexpensive form of seizure and is particularly useful when used as a “fact-finding mission” to identify equipment and inventory at the defendant’s business. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade unless paid for. The keeper also prepares a written inventory of the property found at the business. If further action is required, the plaintiff may refer to the keeper’s inventory to weigh the feasibility of having the Sheriff seize, move to storage and sell some or all of the inventory. Equipment of the business is not subject to seizure as a lien filed with the Secretary of State is the proper method of levy.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)

Checklist:

• $350 fee deposit payable to Los Angeles County Sheriff.
• Original Writ of Attachment (form AT 135) plus three copies
• Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.)
• Two copies of the summons and complaint (form 982a16), if not already served.
• Sheriff’s Instructions and Special Instructions.  Provide the instructions with two copies.
• Submit to Find Serving Office

Court Document required:
Original Writ of Execution (Money Judgment) (form EJ-130) plus three copies

Purpose of Process:
The writ authorizes Sheriff to seize the debtor’s property to satisfy a money judgment.

Sheriff’s Instructions:
Specify the name and address of debtor’s business. Must be signed and dated by the creditor’s attorney, or the creditor if the creditor doesn’t have an attorney.

Time for Service:
The writ of execution expires 180 days after the issuance.

Manner of Levy:
The method of levy is seizure by placing a Sheriff’s keeper in the debtor’s business to prevent removal of property and to collect sales proceeds for payment to the creditor. The Sheriff collects sales revenue and prevents removal of property from the debtor’s business for an 8-hour period.

Fee Deposit:
$350 payable to Los Angeles County Sheriff.

Fee:
$300 if served, $125 if Not Found, and $50 if canceled.

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the keeper is placed.

Information Guide:
Seizure is the method of levy for personal property in the possession of the debtor. If the debtor has a business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively inexpensive form of seizure. An 8-hour keeper levy is particularly effective when used as a “fact-finding mission” to identify equipment and inventory at the debtor’s business. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise and prevents the removal of any stock-in-trade or equipment unless paid for. The keeper also prepares a written inventory of the property found at the business. If further action is required, the creditor may refer to the keeper’s inventory to weigh the feasibility of having the Sheriff seize, move to storage and sell some or all of the property if the debtor does not satisfy the judgment.

The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation, partnership, etc.) If an exemption is filed, the Sheriff will mail a copy of the claim and instructions for opposing the exemption to the creditor.

Property belonging to the debtor that is not in the possession of the debtor must be garnished and cannot be seized. A keeper levy cannot be made if the Sheriff determines that the business is not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because the corporation is not a named debtor. The wages owed to John Smith by the corporation must be levied by garnishment (earnings withholding order.)

If the debtor is an artificial person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A “dba” (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.

Checklist:

• $350 deposit payable to Los Angeles County Sheriff.
• Original Writ of Execution (Money Judgment) plus three copies
• Sheriff’s Instruction and Special Instructions.  Provide the instructions with two copies.
• Submit to Find Serving Office no later than 160 days after issuance of the Writ of Execution

Court Document Required:
Original Writ of Attachment (form AT 135) plus three copies; three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.); two copies of the summons and complaint (form 982a16), if not already served.

Purpose of Process:
A writ of attachment authorizes the Sheriff to seize inventory (not equipment) in the defendant’s business by placing a keeper (custodian) in the business to collect sale proceeds (or the equivalent of cash) for an 8-hour period.

Sheriff’s Instructions:
Specify the name and address of the business. If the writ was issued ex parte, state whether the defendant has appeared in the action. Also provide the name and address of the defendant’s attorney, if any. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the Sheriff’s instructions.

Time for Service:
The Writ of Attachment expires 60 days after receipt by the Sheriff.

Manner of Levy:
The method of levy is seizure by placing a Sheriff’s keeper in the defendant’s business to collect sales proceeds.

Fee Deposit:
$350 payable to Los Angeles County Sheriff.

Fee:
$300 if served, $125 if Not Found, and $50 if canceled.

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the keeper is placed.

Information Guide:
Seizure is the method of levy for personal property in a defendant’s going concern (business). Property levied under a writ of attachment is held by the Sheriff until the lawsuit is adjudicated. Ordinarily, the defendant has the opportunity to attend a hearing to oppose the issuance of a writ of attachment. However, the court may issue a writ of attachment ex parte without notice to the defendant under certain circumstances. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise. The Sheriff holds all monies and property pending the outcome of the lawsuit.

The Sheriff must serve a copy of the writ of attachment, order for issuance of the writ and notice of attachment on the defendant. If the defendant has an attorney of record, service must be made on the attorney rather than the defendant. If the writ of attachment was issued ex parte and the defendant did not appear in the action, e.g., defendant did not file a response with the court, the service must be made in the same manner as a summons. Otherwise, service may be made by mail. Consequently, the instructions to the Sheriff must provide the name and address of the defendant’s attorney, if any, and indicate whether the defendant has appeared in the action (if the writ was issued ex parte.)

Checklist:

• $350 payable to Los Angeles County Sheriff.
• Original Writ of Attachment (form AT 135) plus three copies
• Three copies of the Order for Issuance of Writ of Attachment (form AT 125 or AT 130.)
• Two copies of the summons and complaint (form 982a16), if not already served.
• Sheriff’s Instructions and Special Instructions.  Provide instructions with two copies to Find Serving Office.

Court Document Required:
Original Writ of Execution (Money Judgment) (form EJ-130) plus three copies

Purpose of Process:
The writ of execution authorizes the Sheriff to seize sale proceeds at the debtor’s business to satisfy a money judgment

Sheriff’s Instructions:
Specify the name and address of debtor’s business. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions.

Time for Service:
The writ of execution expires 180 days after the issuance.

Manner of Levy:
The method of levy is seizure by placing a Sheriff’s keeper (custodian) in the debtor’s business to collect sales proceeds for payment to the creditor.

Fee Deposit:
$350 payable to Los Angeles County Sheriff.

Fee:
$300 if served, $125 if Not Found, and $50 if canceled.

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the keeper is placed.

Information Guide:
The method of levy for personal property in the possession of the debtor is by seizure. If the debtor has a business, the placement of a keeper in the debtor’s business for an 8-hour period is a relatively inexpensive form of seizure. A deputy sheriff performs the levy by placing a keeper (custodian) in the debtor’s business for an 8-hour period. During that time, the keeper seizes incoming cash and checks from the sale of merchandise. A cash-only keeper levy differs from a standard keeper levy in that only sale proceeds are levied upon, not the debtor’s inventory and equipment.

The debtor may claim the levied property as exempt if the debtor is an individual (not a corporation, partnership, etc.) If an exemption is filed, the Sheriff will mail a copy of the claim and instructions for opposing the exemption to the creditor.

Property belonging to the debtor that is not in the possession of the debtor must be garnished and cannot be seized. A keeper levy cannot be made if the Sheriff determines that the business is not in the possession of the debtor. For example, a keeper may be installed at A1-Auto, a corporation, if the writ lists the debtor as A-1 Auto, a corporation. However, if the writ only lists John Smith, an individual (who is also President of the corporation) as the debtor, a keeper cannot be placed because the corporation is not a named debtor. The wages owed to John Smith by the corporation must be levied by garnishment (earnings withholding order.)

If the debtor is an artificial person (corporation, partnership, etc.), the writ must include the debtor’s legal entity, e.g., A-1 Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot enforce a writ that does not list the debtor’s legal entity. A “dba” (doing business as) is not a legal entity. For example, A-1 Auto dba A-1 Auto Parts does not list the legal entity. But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.

Checklist:

• $350 payable to Los Angeles County Sheriff.
• Original Writ of Execution (Money Judgment) plus three copies
• Sheriff’s Instructions and Special Instructions.  Provide the instructions with two copies.
• Submit to Find Serving Office no later than 160 days after issuance of the Writ of Execution

Court Document Required:
Request for Domestic Violence Restraining Order (form DV-100) (file-stamped) with applicable attachments; Notice of Court Hearing (form DV-109) (file-stamped) with applicable attachments; Temporary Restraining Order (form DV-110) (file-stamped) with applicable attachments IF GRANTED; blank Response to Request for Domestic Violence Restraining Order (form DV-120); blank Proof of Service by Mail (form DV-250)

Purpose of Process:
Notifies respondent of a hearing concerning various issues and restrains certain activities and conduct of the respondent until the hearing

Sheriff’s Instructions:
Provide the name and address of the person to be served; list all documents to be served. The petitioner’s attorney, or the petitioner (if the petitioner doesn’t have an attorney) must sign and date the Sheriff’s instructions.

Time for Service:
The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court.

Manner of Service:
Personal Service

Fee Deposit:
None

Fee:
$50 (Paid through the Superior Court), if Not Found, and if canceled.

Proof of Service:
If service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH,TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.

Information Guide:
The Domestic Violence Act is designed to curb violence and sexual abuse by separating the parties and restraining certain activities and conduct. The Act protects a spouse, former spouse, cohabitant, relative, child and a person with a dating relationship to the restrained person. The petitioner may petition the court and obtain a notice of hearing (NOH) and temporary restraining order (TRO) to protect people and property. The NOH/TRO is a notice of motion advising the respondent to appear at a hearing to determine whether a long term injunction prohibiting certain activities should be issued. The temporary restraining order (TRO) restrains the respondent from certain activities and types of conduct for a limited period of time. If the TRO includes a removal order, the Sheriff will immediately move the respondent from the address and allow the respondent to take only personal clothing and effects needed until the hearing. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS-formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court’s orders if CARPOS indicates the NOH and TRO has been served.

The Sheriff accords a very high priority to restraining orders involving threatened violence. The first attempt to serve the NOH and TRO will be made no later than two business days after receipt. Up to three attempts will be made, including one night time attempt after 6:00 p.m. (unless the respondent cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a notice of service to the petitioner and file a proof of service with the court. If service is not made, the NOH and TRO will be returned to the petitioner together with a certificate of not found/no service detailing the reasons for non-service. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Checklist:

• Form DV100 Request for Domestic Violence Restraining Order (form DV-100) (file-stamped) with applicable attachments
• Form DV109 Notice of Court Hearing (form DV109) (file-stamped) with applicable attachments
• Form DV110 Temporary Restraining Order (form DV-110) (file-stamped) IF GRANTED with applicable attachments
• Form DV120 Response to Request for Domestic Violence Restraining Order (form DV-120) (blank form)
• Form DV250 Proof of Service by Mail (blank form)
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document required:
Request for Elder or Dependent Adult Abuse Restraining Order (form EA-100) (file-stamped); Notice of Hearing (form EA-109) (file-stamped); Temporary Restraining Order (form EA-110)(file stamped) IF GRANTED; blank Response to Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-120); Blank Proof of Service of Response by Mail (form EA-250); How Can I Respond to a Request for Elder or Dependent Abuse Restraining Orders (form EA-120-INFO); and any applicable attachments.

Purpose of Process:
Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing.

Sheriff’s Instructions:
Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff’s attorney, or the plaintiff if the plaintiff doesn’t have an attorney.

Time for Service:
The NOH/TRO must be served at least five days before the hearing, unless shortened by the court.

Manner of Service:
Personal Service.

Fee Deposit:
None.

Fee:
$50 (Paid through the Superior Court), if Not Found, and if canceled.

Proof of Service:
f service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH/TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.

Information Guide:
In an elder and dependent adult abuse case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a notice of hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. The NOH/TRO is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS– formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court’s orders if CARPOS indicates the NOH and TRO have been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The first attempt to serve is made no later than two business days after receipt. Up to three attempts are made to serve the NOH and TRO including one night-time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH and TRO and a certificate of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Checklist:

• Form EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders (file-stamped)
• Form EA-109 Notice of Hearing (file stamped)
• Form EA-110 Temporary Restraining Order (file stamped) IFGRANTED
• Form EA-120 Response to Request for Elder or Dependent Adult Abuse Restraining Orders (blank form)
• Form EA-250 Proof of Service of Response by mail (blank form)
• Form EA-120-INFO How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders?
• Any applicable attachments
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document Required:
Request for Civil Harassment Restraining Orders (form CH-100) (file-stamped); Notice of Court Hearing (form CH-109) (file-stamped); Temporary Restraining Order (form CH-110) (file-stamped) IF GRANTED; blank Response to Request for Civil Harassment Restraining Orders (form CH-120); How Can I Respond to a Request for Civil Harassment Restraining Orders? (form CH-120-INFO); Blank Proof of Service of Response by Mail (form CH-250) and any applicable attachments.

Purpose of Process:
Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing.

Sheriff’s Instructions:
Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff’s attorney, or the plaintiff if the plaintiff doesn’t have an attorney.

Time for Service:
The NOH and TRO must be served at least five days before the hearing, unless shortened by the court.

Manner of Service:
Personal Service.

Fee Deposit:
$50 payable to Los Angeles County Sheriff.  (Paid through the court if determined to be based on stalking or a credible threat of violence).

Fee:
$50 (Paid through the court if determined to be based on stalking or a credible threat of violence), if Not Found, and if canceled.

Proof of Service:
If service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH, TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.

Information Guide:
In a civil harassment case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a Notice of Hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. The NOH/TRO is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS-formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit if the court has determined the order is based on stalking or a credible threat of violence. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court’s orders if CARPOS indicates the NOH and TRO have been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The first attempt to serve is made no later than two business days after receipt. Up to three attempts are made to serve the NOH and TRO including one night-time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH, TRO and a certificate of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Checklist:

• $50 fee deposit payable to Los Angeles County Sheriff.  (paid through the court if determined to be based on stalking or a credible threat of violence)
• Form CH100 Request for Civil Harassment Restraining Orders (file-stamped)
• Form CH109 Notice of Court Hearing (file-stamped)
• Form CH110 Temporary Restraining Order (file-stamped) IF GRANTED
• Form CH120 Response to Request for Civil Harassment Restraining Orders (blank form)
• Form CH120-INFO How Can I Respond to a Request for Civil Harassment Restraining Orders?
• Form CH250 Proof of Service of Response by Mail (blank form)
• Any applicable attachments
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document Required:
Petition for Workplace Violence Restraining Orders (form WV-100); Notice of Court Hearing (form WV109); Temporary Restraining Order (form WV-110) (file-stamped) IF GRANTED; blank Response to Petition for Workplace Violence Restraining Orders (form WV-120); How Can I Respond to a Petition for Workplace violence Restraining Orders? (form WV-120-INFO); blank Proof of Service of Response by Mail (form WV-250), and any applicable attachments.

Purpose of Process:
Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing.

Sheriff’s Instructions:
Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff’s attorney, or the plaintiff if the plaintiff doesn’t have an attorney.

Time for Service:
The NOH and TRO must be served at least five days before the hearing, unless shortened by the court.

Manner of Service:
Personal Service.

Fee Deposit:
$50 payable to Los Angeles County Sheriff.  (Paid through the Superior Court if determined to be based on stalking or a credible threat of violence).

Fee:
$40 payable to Los Angeles County Sheriff (Paid through the Superior Court if determined to be based on stalking or a credible threat of violence), if Not Found, and if canceled.

Proof of Service:
If service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH, TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.

Information Guide:
In a workplace violence case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a Notice of Hearing (NOH) and a Temporary Restraining Order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. The NOH/TRO is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS-formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit if the court has determined the order is based on stalking or a credible threat of violence. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court’s orders if DVROS indicates the NOH and TRO have been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The first attempt to serve is made no later than two business days after receipt. Up to three attempts are made to serve the NOH and TRO including one night-time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH, TRO, and a certificate of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

Checklist:

• $50 fee deposit payable to Los Angeles County Sheriff. (Paid through the court if determined to be based on stalking or a credible threat of violence)
• Form WV100 Petition for Workplace Violence Restraining Orders (file-stamped)
• Form WV109 Notice of Court Hearing (file-stamped)
• Form WV110 Temporary Restraining Order (file-stamped) IF GRANTED
• Form WV120 Response to Petition for Workplace Violence Restraining Orders (blank form)
• Form WV120-INFO How Can I Respond to a Petition for Workplace Violence Restraining Orders?
• Form WV250 Proof of Service of Response by Mail (blank form)
• Any applicable attachments
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document required:
Two copies per defendant of the Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100).

Purpose of Process:
The small claims court acquires jurisdiction to hear the case when the Plaintiff’s Claim and ORDER to Go to Small Claims Court is served on the defendant.

Sheriff’s Instructions:
Specify an address for service where the defendant usually works or lives.

Time for Service:
The Sheriff must receive the process no later than four weeks before the hearing.

Manner of Service:
The defendant may be served by personal or substituted service. Personal service must be made not less than 15 days before the hearing, or 20 days if the small claims court hearing is in another county. Substitute service must be made at least 25 days before the hearing, or 30 days if the court is in another county.

Fee Deposit:
$50 payable to Los Angeles County Sheriff.

Fee:
$50 if served, canceled, or Not Found.

Proof of Service:
The Sheriff will mail a Certificate of Service to the court and a Notice of Service to the plaintiff if the Claim is served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service.

Information Guide:
A small claims case cannot be heard until the defendant (the person sued) is served with a copy of the Plaintiff’s Claim and ORDER to Go to Small Claims Court. The Plaintiff’s Claim and ORDER to Go to Small Claims Court may be personally served at least 15 days before the hearing if the place of service and the court are in the same county. If the court is in another county, personal service must be made at least 20 days before the hearing. Service may also be made by substitution in which a copy of the Plaintiff’s Claim and Order to Defendant is left with a suitable person at the defendant’s usual place of abode (residence) , employment or mailing address and a copy mailed to the defendant at that address. Substitute service must be made at least 25 days before the hearing or 30 days if the court is in another county. The Sheriff will make up to three attempts to serve the Plaintiff’s Claim and Order to Defendant including one night time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the defendant is served, the Sheriff will file a proof of service with the court and mail a notice of service to the plaintiff. If service is unsuccessful, the Sheriff will mail a certificate of not found/no service detailing the reasons for non-service to the plaintiff. The plaintiff should not appear in court unless advised that the Plaintiff’s Claim and Order to Defendant was served. The plaintiff should call the Sheriff for a status check if a mailed notification is not received at least five days before the hearing.

Checklist:

• $50 fee deposit payable to Los Angeles County Sheriff.
• Sheriff Instructions
• Two copies of Plaintiff’s Claim and Order to Defendant
• Submit to Find Serving Office at least four weeks before the hearing date

Court Document required:
Original Writ of Possession (Personal Property) (form EJ-130) plus three copies.

Purpose of Process:
The writ authorizes the Sheriff to seize specific personal property for immediate delivery to the creditor.

Sheriff’s Instructions:
Provide a specific description of the property and the address where the property is located. Provide the name and telephone number of a “spotter” who can identify the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions.

Time for Service:
The writ expires 180 days after the issuance.

Manner of Levy:
The method of levy is seizure in which the Sheriff seizes the property and immediately gives it to the creditor.

Fee Deposit:
$125 payable to Los Angeles County Sheriff.

Fee:
$125 if served, $50 if Not Found, and $50 if canceled; plus $175 for 8-hour keeper (if applicable).

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court.

Information Guide:
A Writ of Possession (Personal Property) authorizes the Sheriff to seize personal property listed on the writ and immediately deliver it to the creditor. The Sheriff cannot accept money from the debtor in lieu of the property because the judgment is for possession (ownership). However, the writ may be used to collect money if the writ specifies a value for the property and the Sheriff cannot find the property. Property that is not in the possession of the debtor cannot be seized.

The Sheriff will schedule a date and time for the levy. The creditor is responsible for arranging for a “spotter” and moving personnel to meet the Sheriff at the address as scheduled. The “spotter” is an agent of the creditor who can identify the property.

The Sheriff will serve a copy of the writ and notice of levy on the debtor (or the debtor’s agent), explain the nature of the levy, demand delivery of the property and maintain the peace while the property is being removed. However, if the property is found to be in a private place the Sheriff cannot seize it without a private place order that was issued pursuant to CCP 699.030 unless the debtor voluntarily agrees to the seizure. Consequently, creditors are strongly advised to obtain a private place order in addition to the writ of execution.

The creditor should contact the Sheriff to ascertain the correct amount of the fee deposit, which may vary depending on whether a Sheriff’s keeper must be utilized.

Checklist:

• Fee deposit: $125 plus keeper fees (if applicable) payable to Los Angeles County Sheriff.
• Original Writ of Possession (Personal Property) plus three copies
• Submit to the Sheriff no later than 150 days after issuance of the writ.
• Sheriff’s Instructions and Special Instructions.  Provide the instructions with two copies.
• Submit to Find Serving Office

Court Document Required:
Two copies of Summons and Complaint, any Statement of Damages, Notice of Case Assignment, Notice of Case Management Conference, or Affidavit of Jurisdiction.

Purpose of Process:
The court obtains jurisdiction of the case when the summons and complaint is served.

Sheriff’s Instructions:
Specify the name and address of the defendant (or agent) to be served; indicate any Trial Court Reduction time period imposed by the court; list all documents to be served. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn’t have an attorney) must sign and date the instructions.

Time for Service:
Generally, a Summons must be served within three years after it is issued. However, the court may require the Summons to be served within a shorter period of time, e.g., 60 days after issuance in Los Angeles County.

Manner of Service:
Personal Service or Substitute Service.

Fee Deposit:
$50 payable to Los Angeles County Sheriff.

Fee:
$50 if served, not found or canceled.

Proof of Service:
The Sheriff mails a Proof of Service to the plaintiff if the summons and complaint are served. If not served, a Not Found/No Service return is mailed to the plaintiff explaining the reason for non-service.

Information Guide:
The court acquires jurisdiction to hear a case when the summons and complaint is served on the defendant. The Summons advises the defendant to file a written response with the court within a specified time, usually thirty days. The Complaint describes the nature of the lawsuit.

Due to a large volume of process, allow the Sheriff a minimum of two weeks to make a diligent effort to effect service. Usually, three attempts at service will be made, one of which will be in the evening if necessary. If the defendant is a natural person, service by substitution may be on the third attempt by leaving a copy of the summons and complaint with a suitable person at the service address and mailing a copy to the defendant. If the defendant is an artificial person (corporation, partnership, etc.), substitute service may be made on the first attempt (due diligence is not required.) The address for service must be the defendant’s usual place of abode (residence), business or mailing address. If the Sheriff cannot effect service after three attempts or it is determined that the defendant does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Certificate of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to plaintiff indicating the date, time, person served and method of service.

The Sheriff provides a cost effective, credible service and successfully serves most defendants. However, the case is civil in nature and the Sheriff cannot utilize criminal investigative tactics such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process. If it is immediately apparent that the defendant may be evading service, the Sheriff will No Service the process, refund the fee deposit and return the documents to the plaintiff. In this event, the services of a registered process server or a person over the age of 18 years who is not a party to the action should be considered.

Checklist:

• $50 fee deposit per person payable to Los Angeles County Sheriff.
• Two copies of the Summons and Complaint
• Two copies of any other required documents (Statement of Damages, Case Assignment, etc.)
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document Required:
One copy of the Summons and Petition, Blank Response any other required documents.

Purpose of Process:
The court obtains jurisdiction of the case when the summons and petition is served. The parties are also restrained from removing minor children and transferring community property.

Sheriff’s Instructions:
Specify the name and address of the respondent; indicate any Trial Court Reduction time period imposed by the court; list all documents to be served. The petitioner’s attorney or the petitioner (if the petitioner doesn’t have an attorney) must sign and date the instructions.

Time for Service:
Generally, a Summons must be served within three years after it is issued. However, the court may require the Summons to be served within a shorter period of time, e.g., 60 days after issuance in Los Angeles County.

Manner of Service:
Personal Service.

Fee Deposit:
$50 payable to Los Angeles County Sheriff.

Fee:
$50 if served, Not found or canceled.

Proof of Service:
The Sheriff mails a Proof of Service to the petitioner if the summons and petition are served. If not served, a Not Found/No Service return is mailed to the petitioner explaining the reason for non-service.

Information Guide:
A Summons is the process used by the court to obtain jurisdiction in a dissolution, annulment or legal separation lawsuit. The Summons also includes a temporary restraining order that restrains the parties from removing minor children and transferring community property.

Due to a large volume of process, allow the Sheriff a minimum of two weeks to make a diligent effort to effect service. Usually, three attempts at service will be made, one of which will be in the evening if necessary. If the Sheriff cannot effect service after three attempts or it is determined that the respondent does not live or work at the address, a Not Found fee will be assessed and the process returned to the plaintiff with a Certificate of Not Found/No Service explaining the reason for non-service. If service is successful, a Proof of Service is mailed to petitioner indicating the date and time of service.

The Sheriff provides a cost effective, credible service and successfully serves most defendants. However, the case is civil in nature and the Sheriff cannot utilize criminal investigative tactics such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process. If it is immediately apparent that the defendant may be evading service, the Sheriff will No Service the process, refund the fee deposit and return the documents to the plaintiff. In this event, the services of a registered process server or a person over the age of 18 years who is not a party to the action should be considered.

Checklist:

• $50 fee deposit payable to Los Angeles County Sheriff.
• One copy of the Summons and Petition, Blank Response any other required documents
• Sheriff’s Instructions
• Submit to Find Serving Office

Court Document Required:
Original Writ of Execution-Money Judgment (form EJ-130) plus three copies.

Purpose of Process:
The writ authorizes the Sheriff to seize and sell the debtor’s vehicle to satisfy a money judgment.

Sheriff’s Instructions:
Describe the vehicle and specify the address where the vehicle can be found. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions.

Time for Service:
The writ of execution expires 180 days after the issuance.

Manner of Levy:
The method of levy is seizure in which the Sheriff seizes, stores and sells the debtor’s vehicle at a public auction.

Fee Deposit:
$2,000 payable to Los Angeles County Sheriff.

Fee:
$125 if served, $50 if Not Found, and if canceled. Sale costs total $200 plus towing fees ($172 for an automobile) and storage at $44 per day.

Proof of Service:
A proof of service is not issued. Instead, a return detailing the Sheriff’s actions is prepared which accompanies the writ when it is returned to the court. The Sheriff telephonically notifies the creditor when the vehicle is seized.

Information Guide:
The creditor may instruct the Sheriff to seize, store and sell a vehicle in the possession of the debtor. However, the Sheriff cannot enter a private place such as a garage to seize the vehicle without a private place order issued by the court pursuant to CCP 699.030. Property that is not in the possession of the debtor cannot be seized if the Sheriff determines that the property is the possession of a third party and not in the possession of the debtor.

The Sheriff must notify the vehicle’s legal owner of the seizure. A legal owner (bank, credit union, etc.) may file a third party claim based on a security interest (loan) with an unpaid balance. The vehicle must be returned to the debtor unless the creditor pays off the claim. The minimum sale price at the Sheriff’s auction is $7500 if the vehicle is the only vehicle registered to the debtor. Otherwise, the Sheriff will sell the vehicle to the highest bidder. The debtor may claim an exemption if the debtor is an individual (not a corporation or partnership). The Sheriff will mail to the creditor any claim of exemption and instructions on how to oppose the exemption. The creditor should weigh the feasibility of levying on a vehicle and take into consideration Sheriff’s fees and costs (approximately $2000), any outstanding balance owed the legal owner and the amount of any exemption. The creditor may bid at the auction by applying any or all of the creditor’s judgment. However, the creditor’s judgment cannot be applied to the first $7500 if a minimum bid is required. All bidders at the auction are advised that the Sheriff is only selling all right, title and interest of the debtor in the property.

Checklist:

• $2,000 fee deposit payable to Los Angeles County Sheriff.
• Original Writ of Execution (Money Judgment) plus three copies
• Sheriff’s Instructions and Special Instructions.  Provide the instructions and two copies.
• Submit to Find Serving Office no later than 160 days after issuance of the Writ of Execution

Court Document Required:
Original Writ of Possession (Real Property) (EJ-130) plus three copies of the writ for the first debtor and one copy for each additional debtor.

Purpose of Process:
Evict occupants and place creditor in peaceful possession of real property.

Sheriff’s Instructions:
Provide address of property from which occupants are to be evicted; provide name and telephone number of the person who will meet the Sheriff to take possession of the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions. Due to an increase in issues arising from eviction cases throughout the state of California, the Los Angeles County Sheriff’s Department has revised its eviction instructions to assist with threat assessment, relocation, access and entry issues. We understand this information might not be readily available to the attorney, but it should be accessible via the landlord/owner client. There are rental applications, lease agreements, apartment managers, or maintenance personnel that will have the answers to these questions. In addition, many delays are caused with evictions due to Sheriff’s personnel being unable to evict an elderly person, a disabled person, or a person with special needs. Having this information would help expedite evictions for all involved, as it would allow us to contact Adult Protective Services (APS) or other appropriate agencies in advance, and have the proper placement and transportation for those in need. Please do your due diligence when completing these instructions.

Time for Service:
The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

Manner of Service:
The 5-day notice to vacate may 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). After the expiration of the 5-day notice, uniformed deputies will remove anyone who remains on the premises. Any property of the tenant left on the premises will be turned over to the landlord for storage.

Fee Deposit:
$180 payable to Los Angeles County Sheriff.

Fee:
$105 for service of the Notice to Vacate, $50 if Not Found, $50 if canceled prior to service of the 5-day notice to vacate, $50 to serve (repost) another 5-day notice following a cancellation. $75 for service to remove the occupant and place the creditor in possession (move-out), and $50 for cancellation prior to move-out.

Proof of Service:
After the eviction is completed, the Sheriff will provide the landlord with a receipt for possession and send the writ together 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 which accompanies the writ when it is returned to the court.

Information Guide:
After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) which authorizes the Sheriff to remove (evict) the occupants from the property.

The Sheriff will typically serve a 5-day Notice to Vacate within three business days after receiving the writ. The eviction is scheduled as soon as possible after the expiration of the 5-day period. Usually the landlord is notified by mail of the eviction date and time. Occasionally the landlord may be notified by telephone. The landlord should immediately notify the Sheriff if the landlord wants to cancel the eviction.

A person who is not listed as a debtor on the writ of execution may file a Claim of Right to Possession. Upon receipt of the Claim to Right of Possession, the Sheriff must stop the eviction and send the Claim to the court that issued the writ. If the claimant posts a filing fee with the court, a hearing will be set to determine the validity of the claim. If the claimant does not post the filing fee or if it is determined at the hearing that the claim is not valid, the court will issue an order directing the Sheriff to proceed with the eviction. However, the Sheriff will not accept a claim of right to possession if the writ indicates that a prejudgment claim of right to possession was served with the summons and complaint pursuant to CCP 415.46. Also, the Sheriff will not accept another claim of right to possession after the court issues an order to evict all persons following a claim of right to possession hearing.

If the debtor tenant files bankruptcy after judgment for possession was issued in the unlawful detainer lawsuit, the landlord creditor may instruct the Sheriff in writing to proceed with the eviction or wait until the landlord obtains an order (lift order) from the bankruptcy court.

After the tenants have been removed from the premises, the Sheriff will give the landlord a receipt for possession. If the occupants re-enter the premises, the landlord may summon the local police department and show the responding officers the receipt for possession. Anyone who reenters the premises after being evicted is subject to arrest for a misdemeanor violation of Penal Code section 419. The landlord is responsible for safekeeping any property of the tenant remaining on the premises after the eviction for up to 15 days. The tenant’s property may be moved to storage and reasonable storage costs assessed.

Checklist:

• $180 fee deposit payable to Los Angeles County Sheriff.
• Original Writ of Possession (Real Property) plus three copies for the first debtor and one copy for each additional debtor
• Sheriff’s Instructions and Special Instructions.  Provide the instructions with one copy.
• Submit to Find Serving Office no later than 150 days after the issuance date of the Writ of Possession