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Levy Personal Property Post-Judgment

The Santa Clara County Sheriff, as Levying Officer, can levy & sell, or levy & turnover personal property to satisfy judgments for money (Writs of Execution) or possession (Writs of Possession).  To pursue these post-judgment remedies, a Judgment Creditor can provide the appropriate paperwork, instructions, and fees to the Sheriff’s Civil Division.  The civil unit, acting as levying officer will attempt to serve notice, take possession of the property, and sell it or turn it over as directed in written instructions, in compliance with the law, and as authorized by supporting documents. To open a Sheriff’s file for the levy and sale or turnover of personal property, please provide the required documents and fees.  Sheriff’s Civil personnel will review you submission for processing.

Levying property is a multi-step complex legal process that may require court hearings, additional deposits, clarifying instructions, claims, competing interests, and documentation.  Because the Sheriff’s Levying Officer cannot provide legal advice, we recommend you have sufficient legal knowledge or an attorney before pursuing this process. The Santa Clara County Sheriff’s Office can assist with the following personal property processes. 

Writ of Execution

Levy and Sell Personal Property

The Santa Clara County Sheriff, acting as Levying Officer, can attempt to levy (seize) personal property and sell it to satisfy money judgments pursuant to a Writ of Execution.  This remedy can require significant deposits due to potential seizure and storage costs associated to the levy and sale.   The Levying Officer will attempt to serve notice, take possession of the property, store it, and sell it at auction following required notice and holding periods.  To open a Sheriff’s personal property file pursuant to a Writ of Possession, please provide:

Executing a Writ of Execution of personal property can be a multi-step complex legal process that may require court hearings, additional deposits, undertakings, clarifying instructions, claims, responses, competing interests, orders, and documentation.  Because the Sheriff’s Levying Officer cannot provide legal advice, we recommend you have sufficient legal knowledge or an attorney before pursuing this process. 

Writ of Possession

Seize and Deliver Personal Property

The Santa Clara County Sheriff, acting as Levying Officer, can attempt to recover personal property for turnover to its lawful owner pursuant to a Writ of Possession.  The turnover process is usually used when a Judgment Creditor seeks to recover specific personal property in the possession or control of the Judgment Debtor, their agent, or a third party.  The Levying Officer will attempt to serve notice, take possession of the property, and coordinate immediate turnover.  To open a Sheriff’s personal property file pursuant to a Writ of Possession, please provide:

Executing a Writ of Possession of personal property can be a multi-step complex legal process that may require court hearings, additional deposits, undertakings, clarifying instructions, claims, competing interests, orders, and documentation.  Because the Sheriff’s Levying Officer cannot provide legal advice, we recommend you have sufficient legal knowledge or an attorney before pursuing this process. 

The Sheriff’s Office does not provide legal advice.