Riverside — Levy Upon Debtor's Real Property (PDF)

Source: https://www.riversidesheriff.org/DocumentCenter/View/3467/Levy-Upon-Debtors-Real-Property-PDF

(Levy Upon the Debtor’s Real Property) INSTRUCTIONS TO THE SHERIFF OF RIVERSIDE COUNTY The Sheriff must have written, signed, instructions by the attorney for the creditor, or the creditor if he/she has no attorney in accordance with CCP 262; 687.010. www.riversidesheriff.org Court Services • Central Court Services • East Court Services • West 30755-D Auld Rd., Ste. L067 46200 Oasis St., Rm B15 4095 Lemon St. 4th Floor Murrieta, CA 92563 Indio, CA 92201 Riverside, CA 92501 951-304-5050 • FAX 951-304-5066 760-863-8255 • FAX 760-863-8919 951-955-2420 • 951-955-6155

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Plaintiff Defendant

Court Case Number Levying Officer File Number

Check here if this is supplemental information or addendum to previously submitted instructions. ▪ Provide the original and any attachments to the writ. ▪ Provide the required advance deposit for fees and costs. ▪ Below, select the type of writ and provide all the requested information:

Writ of Attachment – A levy will be conducted in conformance with CCP 488.315 and 700.015.
The defendant's interest is not sold under a writ of attachment. When levy is pursuant to a writ of
attachment and the defendant has not been previously served with a copy of the summons and
complaint, you are required, pursuant to CCP 488.020(c), to instruct* the levying officer to serve
a copy of the summons and complaint when the writ is served upon the defendant.
Please serve a copy of the summons and complaint upon the defendant(s). I am providing two
copies of the summons and complaint for each defendant to be served.
The defendant was previously served with the summons and complaint.

Writ of Execution (money judgment)
Does the real property contain a dwelling? Yes No

Writ of Sale – Provide a certified copy of the Judgment for Sale as required by CCP 716.010(c).
The judgment is for the ...
1 partition of real property.
2 judicial foreclosure of a...
2a mortgage or deed of trust.
The judgment indicates that a deficiency judgment...
may be ordered.
is waived or prohibited.
2b special assessment property tax or Mello-Roos tax lien (judgment creditor is a
public entity or district).
2c assessment lien by an association or common interest development.
2d mechanics lien (labor or improvements to real property).
2e other lien(s) on real property.

Is a “right of redemption” applicable to the sale of this property? Yes No

▪ Real Property Subject to Levy:

Common street address (if any):

This property is vacant land or has no common street address. (assessor’s map required with property boundary highlighted)

▪ Legal Description: Attach a separate sheet containing the legal description of the property, including the common street address (if any) and the assessor’s parcel number. Ensure that the legal description is typed and clear enough for recording purposes.

RSD Form 800e (Rev 12/24) CONTINUED ON REVERSE SIDE

▪ Is this judgment for personal debt, as defined in CCP 683.110(d): NO YES* (*If yes, a Declaration per CCP 684.130 is REQUIRED.)

▪ Leasehold Interest: Does the judgment debtor’s/defendant’s interest in the real property consist of a leasehold interest (may also be referred to as a “leasehold estate” or an “estate for years”)? NO YES If yes, provide the date the lease expires: _______________.

▪ Judgment Debtor/Defendant: This levy seeks to sell or attach the real property interest of the following judgment debtor(s)/defendant(s):

NAME:

ADDRESS:

NAME:

ADDRESS:

▪ Record Owners: Does the real property also stand in the name of a person other than the judgment debtor/defendant having a recorded interest in the real property as shown by the records of the county (record owner)? Yes No. If yes, provide the names and addresses of all such record owners. The Sheriff is required to serve (by mail) a copy of the writ and notice of levy on each such person. Section 700.015 of the Code of Civil Procedure requires that if “...service on the third person is by mail, it shall be sent to the person at the address for such person, if any, shown by the records of the office of the tax assessor of the county where the real property is located or, if no address is so shown, to the person at the address used by the county recorder for the return of the instrument creating the interest of the third person in the property.”

List the names and addresses of all record owners. Attach a separate sheet if necessary.

NAME:

ADDRESS:

Additional names and addresses of record owners are contained on a separate sheet.

__________________
Signature of attorney (or creditor without an attorney) Date

Print name of signor (include title if signing on behalf of a business)

Address of attorney/creditor (Number, Street, City and Zip Code)

Telephone Number Cell Number

E-Mail Address FAX Number