Humboldt — Real Property Levy Instructions

Source: https://www.humboldtgov.org/DocumentCenter/View/6678/Real-Property-Levy-Instructions

Humboldt County Sheriff's Office Civil Division 826 4th Street Eureka, CA 95501 Phone: (707) 445-7335

Real Property Levy Instructions (Writs of Execution, Sale, or Attachment)

Please include the following with your signed instructions: - The original Writ - A certified copy of the Judgment for Sale (for Writ of Sale) - Property’s Legal Description - A check payable to The Humboldt County Sheriff’s Office (an advance deposit for fees and levying costs; unused monies will be refunded) - $3,000.00 for Writ of Sale or Execution - $600.00 for Writ of Attachment

To the Sheriff of Humboldt County, pursuant to the attached Writ, you are to levy on the real property described below:

APN# (required) ______________________________________________

Street Address (if applicable) ______________________________________________

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Court Case # __________________________________

Type of Writ □ Writ of Execution Does the property contain a dwelling? □ Yes □ No

If the property contains a dwelling, the Sheriff’s Office will Levy upon the property

and record Notice of Levy with the Humboldt County Clerk-Recorder’s Office. The Sheriff’s Office will then notify the Judgment Creditor and request the Creditor provide the Sheriff’s Office with an Application for Order of Sale of a Dwelling. If said Application is not provided to the Sheriff’s Office within 20 days (25 or 30 days if the Sheriff’s Office notified the Creditor by mail) then the Sheriff’s Office must release the levy (CCP 704.750(a.))

Real Property Levy Instructions (Writs of Execution, Sale, or Attachment)

□ Writ of Sale □ A certified copy of the Judgment for Sale is attached. (This is required) Is a “Right to Redemption” applicable to a sale of this property? □ Yes □ No

The Judgment is for: □ Partition of Real Property □ Judicial Foreclosure of a: □ special assessment property tax or Mello-Roos tax lien (Creditor is a public entity) □ assessment lien by an association or common interest development □ mechanics lien (labor or improvements to real property) □ (other) lien on real property: (specify) □ Writ of Attachment □ The Right to Attach Order (required) is attached. (If undertaking is applicable, attach the relevant Undertaking information)

One of the following must be indicated: □ The defendant has been previously served with the Summons & Complaint. □ The defendant has not been previously served with the Summons & Complaint. I am instructing the Sheriff’s Office to serve the Summons & Complaint during the levying process.

Debtor Information The Sheriff’s Office will levy upon the real property interest of the following Judgment Debtor(s)

Debtor Name __________________________________________________________

Address for Service by mail ______________________________________________

Debtor Name __________________________________________________________

Address for Service by mail ______________________________________________

Debtor Name __________________________________________________________

Address for Service by mail ______________________________________________

□ Additional Judgment Debtor(s) information is attached.

Real Property Levy Instructions (Writs of Execution, Sale, or Attachment)

Debtor Information (continued) Does the Judgment Debtor’s interest in the real property consist of a Leasehold Interest, Leasehold Estate, or an Estate or an Estate for Years? (circle) Yes. No. If yes, please provide the date the lease expires ____________

Property Information □ Legal Description is attached. (Required) □ Assessor’s Parcel Map is attached. (If the property is vacant, the parcel is not contiguous, there is no common street address, or if the property is difficult to locate, please provide an assessor’s parcel map.) Is this a commercial property? □ Yes □ No

Number of parcels subject to this levy _______ Are the parcels contiguous? □ Yes □ No

Third Party Information

Does the real property also stand in the name of a “Third Party” (party other than the Judgment Debtor) having a recorded interest in the real property as shown by county records? □ Yes □ No

The Sheriff’s Office is required to serve, by mail, a copy of the Writ and Notice of Levy on each such “Third Party.”

“Third Party” Name ______________________________________________________

Address for Service by mail ______________________________________________

“Third Party” Name ______________________________________________________

Address for Service by mail ______________________________________________

“Third Party” Name ______________________________________________________

Address for Service by mail ______________________________________________

□ Additional Third Party(s) information is attached.

Real Property Levy Instructions (Writs of Execution, Sale, or Attachment)

Additional Information □ Additional information or other instruction is attached.

Plaintiff/Creditor Information

I am the… □ Plaintiff or Creditor □ Plaintiff/Creditor’s Attorney of Record □ Assignee of Record

Name ________________________________________________________________

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Mailing Address ________________________________________________________

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Phone ____________________________

Signature ___________________________________________ Date_____________