In navigating the complexities of the legal process, particularly in situations involving the recovery of personal property, understanding the purpose and procedural requirements of specific forms is crucial. The California CD 130 form serves as a pivotal document within the California legal system, especially in cases concerning the reclaiming of property. Officially known as a Writ of Possession (Claim and Delivery), this form is used to command the sheriff or any marshal of the respective county to levy upon and retain custody of certain property, as outlined within the document, until such property is either released or sold. This form outlines not only the details of the property in question but also provides specific directions regarding the locations where officers are permitted to enter in order to take possession of the said property. Additionally, the form is instrumental in the process following the hearing ex parte, a scenario where a decision is made by the court without the presence of all parties involved. The form further mandates the return of the writ and the certificate of proceedings within a specified period after the levy and service, ensuring a timely conclusion to the matter. Furthermore, it includes a notice to the defendant, offering them the opportunity to object to the plaintiff's undertaking or to propose a counter undertaking, highlighting the rights and possible actions available to the individuals affected by the issuance of this writ. The CD-130 form embodies an essential tool in the enforcement of court decisions regarding property disputes, underlining the procedural steps to be taken by law enforcement and the judicial system at large.
| Question | Answer |
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| Form Name | California Form Cd 130 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | filler writ printable, 130 claim fillable, filler writ make, writ possession claim delivery |
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: |
FAX NO. (Optional): |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
WRIT OF POSSESSION |
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AFTER HEARING |
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EX PARTE |
TO THE SHERIFF OR ANY MARSHAL OF THE COUNTY OF
YOU ARE DIRECTED:
FOR COURT USE ONLY
CASE NUMBER:
1.To levy upon and retain in your custody, until released or sold (Code Civ. Proc., § 514.030), the following property or any part of it (specify):
2.To enter the following private place or places to take possession of the
3.To return this writ and the certificate of your proceedings within 30 days after levy and service, but in no event later than 60 days after issuance of this writ.
Dated:
(SEAL)
Clerk, by |
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, Deputy |
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NOTICE TO DEFENDANT: The plaintiff has filed with the court a written undertaking, a copy of which is attached. You have the right to object to the plaintiff's undertaking on a ground specified in Code of Civil Procedure section 995.920 and in the manner provided in Code of Civil Procedure section 515.030 or to obtain redelivery of the property by filing a written undertaking of your own, in an amount equal to the plaintiff's undertaking or as determined by the court under Code of Civil Procedure sections 515.010 and 515.020. You also have other rights under Code of Civil Procedure sections
If your property has been taken under an ex parte writ of possession, you may apply under Code of Civil Procedure section 512.020(b) for an order that the writ be quashed, any property levied on be released, and for other relief as provided in that section, including an award of damages for any loss sustained by you as a proximate result of the levy.
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Form Adopted for Mandatory Use |
WRIT OF POSSESSION |
Code Civ. Proc., §§ |
Judicial Council of California |
www.courtinfo.ca.gov |
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(Claim and Delivery) |
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