Santa Cruz — Optional Sheriff Real Property Levy Instructions

Source: https://shf.santacruzcountyca.gov/Portals/1/County/sheriff/formsdocs/Real%20Property%20Instructions.pdf

REAL PROPERTY LEVY INSTRUCTIONS TO THE SHERIFF OF SANTA CRUZ COUNTY (For levy under Writ of Attachment, please contact the Sheriff’s Civil Division for additional requirements)

____________________________________________ VS _____________________________________________
Plaintiff Defendant

____________________________________________ ____________________________________________
Court Court Case Number

1. To the Sheriff of Santa Cruz County, pursuant to the attached Writ: CHECK ONE You are instructed to: Levy and Sell Levy only the defendant/judgment debtor’s interest in the following described real property. (All Writs of Attachment & Execution) A Registered process Server (RPS) will serve the levy as described below. (All Writs of Attachment & Execution) Name and phone number of RPS ____________________________________________________________

2. WHAT TYPE OF WRIT DO YOU HAVE? CHECK ONE WRIT OF EXECUTION – MONEY JUDGMENT (EJ-130) Reference CCP 700.015-701.830 Does the real property contain a dwelling? Yes No. Is the land a vacant lot? Yes No.

   If the property contains a dwelling, the Sheriff will serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of CCP 704.750. Be prepared to file a copy of your Application for Order for Sale of the Dwelling with the Sheriff within 20 days of service of the notice, or the property will be released. CCP 704.750 (a).

   WRIT OF ATTACHMENT (AT-135) Reference CCP 488.315 and 700.015 Also include the Right to Attach Order and Undertaking, if one was ordered Real property is not sold under a writ of attachment. Regarding the service of Summons and Complaint, CCP 488.020 (c): If the defendant has not been previously served with a copy of the Summons and Complaint, you are required to instruct the levying officer to serve a copy of the Summons and Complaint when the writ is served on the defendant.

   The defendant was previously served with the Summons and Complaint. Date: _____________ Please serve the enclosed copy of the Summons and Complaint upon the defendant(s) (Name and Address)

   WRIT OF SALE 9EJ-130) Reference CCP 712.010-712.070, 716.010-716.030, CCP 700.015 and 701.510.701.830

   Also include the Certified copy of the Judgment for Sale as required by CCP 716.010 (c).

   Is a “Right to Redemption” applicable to the sale of this property? Yes No

   If the Judgment is pursuant to a judicial foreclosure, AND a right of redemption is applicable, 30 days after the

   levy, you will be notified to inform us of all lien holder information.

   The judgment is for:

3. partition of real property, or
   2. judicial foreclosure of a: (check on of the following)
   2a. special assessment property tax or Mello-Roos tax lien (judgment creditor is a public entity)
   2b. assessment lien by an association or common interest development.
   2c. mechanics lien (labor or improvements to real property).
   2d. other lien (s) on real property. Specify:
   2e. mortgage or deed of trust and the judgment indicates that a deficiency judgment
   2e(a). may be ordered
   2e(b). is waived or prohibited.

   Check here if there are no lien holders of record.

   Check here if there are no state tax liens of record.

ALL OF THE FOLLOWING SECTIONS MUST BE COMPLETED

Debtor Information 3.This levy seeks to levy upon (or attach) the real property interest of the following Judgment Debtor (s). the names listed below must match the names as they appear on the writ exactly, or the Sheriff will not act upon your instructions.

Debtor name: _______________________________________________________________________________

Address for service: __________________________________________________________________________

Debtor name: _______________________________________________________________________________

Address for service; __________________________________________________________________________

Additional names and addresses of judgment debtor (s) are contained on a separate sheet.

4.Does the judgment debtor’s interest in the real property consist of a Leasehold Interest. Leasehold Estate or an Estate for Years? Yes No

Third Party Information 5. Does the real property also stand in the name of a Third Party (other than the judgment debtor) having a recorded interest in the real property as shown by the records of the county? Yes No.

The Sheriff is required to serve by mail a copy of the writ and notice of levy on each such third person.

Third Party name: _________________________________________________________________________

Address for service: ________________________________________________________________________

Third Party name: __________________________________________________________________________

Address for service: _________________________________________________________________________

Additional names and addresses of third persons are contained on a separate sheet.

Property Information 6.You must provide a copy of the legal description of the property. If the property is vacant land, if the parcels are not contiguous, if no street address exists, or if the property is difficult to locate you must include an assessor’s parcel map.

Copies must be clear, void of any hi-lightening and legible.

Check to indicate that you have included a copy of the assessor’s parcel map. Check to indicate that you have included a copy of the legal description of the property.

7. Assessor’s Parcel Number (APN)______________________________________________________________________________

8. Common street address of real property: ______________________________________________________________________

9. Does this real property contain a dwelling? Yes No. is this a commercial property? Yes No

10. Is this land a vacant lot? Yes No. If yes, provide directions for locating the property.

11. How many parcels are subject to this levy? ___________ Are the parcels contiguous? Yes No.

SIGNATURE: _________________________________________________ DATE___________________________________ Attorney of Record or Plaintiff, if Pro Per

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PRINT Name and Address of Attorney of Record or Plaintiff, if Pro Per

DAY PHONE ( )EXT.FAX( ) E-MAIL_____________

NOTE: The Sheriff is entitled to his/her fees for service, whether or not the service is successful (Government Codes 26736 and 26738)