Lake — Writs and Levy Instructions

Source: https://www.lakecountyca.gov/DocumentCenter/View/9784/Writs-and-Levy-Instructions

SER-001 Request for Sheriff to Serve Court Papers

CONFIDENTIAL Instructions: Each county in California has a sheriff (and sometimes a

marshal’s office) that can serve different types of court papers, including To Court Clerk: Do not file this form. restraining orders. Note that the sheriff cannot guarantee that they will be successful in finding the person you need served, but they will try to serve based on the information you put on this form. Sheriff File Number (for sheriff to complete, if needed): Complete this form for each set of papers you need served. You must complete a separate form for each person you need served.

Find out where the person you need served is located. Give your papers to Fill in case number: the sheriff or marshal’s office in that county. Court Case Number:

You may have to pay for service of some court papers. For more information, see page 5 of this form, or go to https://selfhelp.courts.ca.gov/ sheriff-serves.

Do not use this form if you are asking the sheriff to enforce a wage garnishment order on an employer. Instead, use forms WG-001, Application for Earnings Withholding Order, and WG-035, Confidential Statement of Judgment Debtor’s Social Security Number.

If you want the sheriff to enforce a writ or levy, complete this form and form

SER-001A, Special Instructions for Writs and Levies—Attachment.

All information is required unless it is listed as optional or does not apply to your case.

1 To the Sheriff or Marshal of (name of county):

2 Your Information

a. Your name (party requesting service):

b. Your lawyer’s information (if you have one)
Name:
Firm name:

c. Court case name:
(example: Garcia v. Smith)

d. Contact information for the sheriff or marshal to reach you

(Give an address where you can receive mail regularly, like a post office box, a Safe at Home address, or
another safe address. If you have a lawyer, give the lawyer’s information.)

Address to receive mail:
City: State: Zip:
Telephone number (optional): Email address (optional):

CONFIDENTIAL

This is not a court form. Do not file with the court.

www.courts.ca.govJudicial Council of California,

New January 1, 2024, Mandatory Form Request for Sheriff to Serve Court Papers SER-001, Page 1 of 5 Government Code, §§ 7927.430, 26666, 26666.5, 26666.10

Court Case Number:

3 Information About Person or Entity You Want Served (Check a or b)

a. I ask the sheriff to serve a person (complete section below)
(1) Name of person:
Nicknames or aliases (optional):

(2) Telephone number (optional):

(3) Can you describe the person?
No, I do not have any information about the person’s description.

Yes (complete the section below with any information you have):
Gender: Male Female Nonbinary
Height: Weight: Hair color: Eye color:
Date of birth or age (give estimate, if unknown):
Race/Ethnicity:
Special marks or features (tattoos, scars, etc.):
Vehicle (type, model, year, color, plate number):
Check here if you are including a picture of the person.

(4) Do you know of any safety or accessibility issues?
No
Yes (complete the section below with any information you have):

The person (check all that apply):
Has a gun or other weapon. Is on probation or parole.
Has a history of violence or abuse. Has an aggressive animal.
Has special training (examples: military, first responder). Has mental health issues.
Is deaf or hard of hearing.
Does not speak English (list language):
Add any other information about safety or accessibility that you know about:

b. I ask the sheriff to serve an entity (examples: business or government agency)
(1) Name and type of entity:

Telephone number (optional):

(2) If there is a specific person who should be served, give name:

(3) If there is an agent for service of process, give name:

(4) List any safety or accessibility issues (examples: weapons, aggressive animals, language barrier):

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 2 of 5

Court Case Number:

4 Address Where Person or Entity Should Be Served

(The sheriff typically serves during normal business hours. Check with the sheriff’s office for the exact times.)

Address: Home Business
City: State: Zip:
Gate code or special instructions:
Best time to serve at this address (example: 8 a.m.–noon):
Check here if the person is in jail or prison (give name of facility):

Alternate address (optional)
(If the person cannot be found at the address listed above, some sheriffs may try a second address if it’s in the
same county. If you have a second address for the person you want served, complete the section below.)

Address: Home Business
City: State: Zip:
Gate code or special instructions:
Best time to serve at this address (example: 8 a.m.–noon):

5 Information About Your Request

a. What type of court papers are you giving the sheriff to serve (examples: summons, restraining order, eviction, small claims, bank levy, or writ of attachment)?

b. List all forms or court papers you want served on the person in 3 a. (optional). (Note: You can list each form by its form number (example: FL-100, SC-100). If there is no form number, give the title of the document. The court may have ordered you to serve certain papers. Look at the court’s order and list all forms required. If you do not know which papers you need to serve, ask a lawyer, or contact your local self-help center for free information.)

c. Is there a court hearing (court date)? I don’t know No Yes (if yes, give date of hearing):

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 3 of 5

Court Case Number:

5 d. Is there a deadline for service? I don’t know

No Yes (if yes, give deadline):

e. Has the court allowed you to serve your court papers in another way besides personal service (example: substituted service)? I don’t know No Yes (if yes, include a copy of the order allowing another type of service)

f. Is there any other information you want or need to give to the sheriff to serve your court papers? No

Yes (if yes, give information below):

6 Enforcement of Writ or Levy

If you want the sheriff to enforce a writ or levy, you must complete form SER-001A, Special Instructions for Writs and Levies—Attachment, and turn it in with this form.

(Only complete this section if you want the sheriff to enforce a writ or levy.)

Do you want the sheriff to both serve your court papers and act as levying officer? Yes

No. I only want the sheriff to act as levying officer. A registered process server has or will serve my papers.

Your Signature (party asking for service, or their lawyer)

Date:

Type or print your name Sign your name (may be electronic)

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 4 of 5

Court Case Number:

Your Next Steps

Find out if you need to pay a fee for service by asking the court’s self-help center, a lawyer, or the sheriff’s office. Here are some situations where you do not need to pay for service:

If you have a fee waiver in your case (fee waiver granted by a judge on form FW-003 or FW-005). If you are serving a domestic violence, elder abuse, or gun violence restraining order. If you have a civil harassment, workplace violence, or school violence restraining order based on a credible threat of violence or stalking.

Give this form and a copy of all the court papers you need served to the sheriff or marshal, including a copy of a fee waiver (if you have one). If you do not have to pay a fee to the sheriff, you can send your papers electronically. If you have to pay a fee, contact the sheriff to find out your options for turning in your request. Note that you can always turn in your request in person.

You should get a form back from the sheriff.

If the sheriff was able to serve your court papers, you should receive a form (called a proof of service). Make sure you get a copy from the sheriff and file it with the court. Note that if there is a court stamp at the top right corner of the first page, it has already been filed and you do not need to file it with the court.

If the sheriff was unable to serve your court papers, you should receive a form (sometimes called declaration of due diligence) that tells you that service was unsuccessful and will give details about when the sheriff tried to serve the person. If the sheriff was unable to serve your papers, you can ask a lawyer or court’s self-help center about your next steps.

To find your local court self-help center, go to https://selfhelp.courts.ca.gov/. Self-help center staff will not act as your lawyer but may be able to give you information to help you decide what to do in your case. Services are free.

To Sheriff or Marshal

This form is confidential and must not be made public.

Any papers submitted with this form should be served and listed on the applicable proof of service form.

Note that 5 b is optional and may help to identify documents that should have been submitted but were not received by your office.

Under Government Code section 26666.2, once you’ve received a completed copy of this form and forms for service, you must attempt service unless: Any order submitted does not have a judge’s signature or other representation of a judge’s signature; clerk’s endorsement; or court stamp, seal, or other court endorsement; or

A court case number is not listed on the order, summons, or other notice.

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Request for Sheriff to Serve Court Papers SER-001, Page 5 of 5

Special Instructions for CONFIDENTIAL SER-001A Writs and Levies—Attachment Sheriff File Number (for sheriff to complete, if needed): Instructions Generally, you will not need to complete this form if you are asking the sheriff to serve a complaint (unless with a writ of attachment) or a restraining order. Fill in case number: Complete this form if you want the sheriff or marshal to enforce a writ. You Court Case Number: must complete this form and form SER-001, Request for Sheriff to Serve Court Paper, and turn both forms in to the sheriff or marshal.

You must include any writ and related order you want the sheriff to enforce.

This form is attached to form SER-001, Request for Sheriff to Serve Court Papers.

All information is required unless it is listed as optional or does not apply to your case. For more information about what may be required in your case, go to https://selfhelp.courts.ca.gov/sheriff-serves.

1 Additional Information About You (Person Requesting Service)

Are you a judgment creditor (person awarded money or property by the court)? Yes No (complete the section below):

(a) What is your role in the case?:

(b) Is there a judgment creditor in your case? No Yes (list the names of all judgment creditors):

2 Additional Information About Person or Entity You Want Served

The person or entity you want served (listed in item 3 of form SER-001):
(check one)

Owes you money in this case (judgment debtor).
Is not a party in this case but has the property.
Is a person who lives on the property.
Other (explain):

CONFIDENTIAL

This is not a court form. Do not file with the court.

www.courts.ca.govJudicial Council of California,

New January 1, 2024, Mandatory Form Special Instructions for Writs and SER-001A, Page 1 of 3 Government Code, §§ 7927.430, 26666, 26666.5, Levies—Attachment26666.10

Court Case Number:

3 Information About the Writ and Judgment

a. Date writ was issued:

b. The writ included with this request is (check one): An original writ. A copy of the original writ issued by the court as an electronic record and has not already been given to the levying officer (sheriff or marshal). A copy of the original writ that has already been given to the levying officer (sheriff or marshal).

c. Has a judgment been issued by the court? No Yes (complete section below): (1) Date judgment was issued: (2) If it is a money judgment, give amount: (3) List all judgment debtors (people who owe money) if there are any in this case: If the judgment debtor is not a person, also include the type of organization (example: corporation).

4 Information About the Property to Levy

a. Describe the property in as much detail as possible. For example:

For bank accounts, give account number (if known). For personal property, describe property and give the address where property is located. For vehicles, give license plate number and address where vehicle is located. For evictions, give address, and any information needed to access the property. For real property (other than evictions), give legal description, address, and assessor’s parcel number. If requester is not the person receiving the property, give clear instructions on who will receive the property and how.

Check here if you are including a map or other document to describe property.

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Special Instructions for Writs and SER-001A, Page 2 of 3 Levies—Attachment

Court Case Number:

4 b. Is the property in the judgment debtor’s name? Yes No (list the names of owners and explain their interest in the property, including any leasehold interest):

(Note: You may also need to have the people listed above served with your court papers. Check the Code of Civil Procedure for service requirements or talk with a lawyer. Your local court self-help center provides help for free and may be able to help you. To find your local self-help center, go to www.selfhelp.courts.ca.gov/ find.)

c. Are you asking the sheriff to levy on property that is a dwelling (a place someone can live in)? No Yes (complete the section below): The dwelling is (check one): Real property (examples: house, condo, other building attached to land) Personal property (examples: house boat, RV)

5 Special Instructions for Sheriff

In some situations, you will have to give detailed instructions on how you want the sheriff to enforce the order. Use
the space below to list any instructions. Some examples of when instructions may be needed include:
• Instructions to serve the summons and complaint with a writ of attachment, if not previously served (see Code of
Civil Procedure section 488.020(c)).
• Instructions that the levying officer must place a keeper in charge of the property (see Code of Civil Procedure
sections 700.070 and 700.080).

• Instructions to seize personal property from a private place (see Code of Civil Procedure section 699.030).

Check here if you need more space to list instructions. Use a separate piece of paper and write “SER-001A,
Special Instructions for Sheriff” at the top. Turn it in with this form.

CONFIDENTIAL

This is not a court form. Do not file with the court.

New January 1, 2024 Special Instructions for Writs and SER-001A, Page 3 of 3 Levies—Attachment

Court Case #: CV ________________

Writ of Possession – Real Property (Eviction) Instructions to the Sheriff of Lake County

Rob Howe, Sheriff-Coroner

Plaintiff: _____________________________ Defendant: ____________________________

Who will be meeting the Sheriff/Deputy at the time of eviction/restoration?

Name of Agent: ____________________________________________________ Contact #: _________________________ Gate Code (if applicable): ________________________

The scheduled restoration time will be provided to the above-listed agent by phone. Due to the nature of Evictions your scheduled restoration time may be later than expected.

NO REFUNDS AFTER PROCESSING

The Sheriff will not cancel any eviction without written and signed instructions from the Plaintiff’s attorney or Plaintiff (if Pro per). We do not accept phone cancelations.

Note: The sheriff is entitled to the fees for service, regardless of if the service is successful or not. (GC 26738). The law allows the service of process between the hours of 6:00 A.M. and 10:00 P.M.

PROPERTY DAMAGE WAIVER – RELEASE OF LIABILITY

Property Address: _________________________________________________________________ City: _____________________________ State: ______________________ Zip: ______________

I am the Plaintiff or Plaintiff’s Agent in the above referenced case. I am authorized to act on behalf of the Plaintiff in this matter. Plaintiff acknowledges that it may be necessary during the eviction for the Lake County Sheriff’s Office to force entry into the above referenced property. Plaintiff further acknowledges that during the eviction, if forced entry is necessary, some property damage may occur as a result. Plaintiff will not hold the Lake County Sheriff’s Office liable for any property damage.

Plaintiff hereby waives and releases any and all rights, claims, or future causes of action for property damage against the County of Lake, the Lake County Sheriff’s Office; it’s elected or appointed officials, officers or employees as a result of the forced entry into the above referenced property. . I have carefully read this waiver and release of liability, fully understand its content and have freely and voluntarily signed this document.

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Printed Name Signature Date