Civil Section
1225 Fallon Street, #104
Oakland, CA 94612
Civil: (510) 272-6910
BANK LEVY
The Sheriff will only serve a bank levy if you have a certified court
ordered fee waiver or if you are an in-custody inmate and able to pay the
Sheriff's fee. All other bank levies must be served by a Registered
Process Server. ( Click here
to find a process server ) You must submit written, signed instructions to
the process server to deliver to the Sheriff with your writ. The Sheriff charges
$40.00 for each bank to be served. If noted on your Notice of Levy
http://www.courtinfo.ca.gov/forms/fillable/ej150.pdf the bank will also levy
on any safe deposit box in the name of the debtor/defendant.
The bank is required to respond to the Sheriff with a completed
Memorandum of Garnishee
http://www.courtinfo.ca.gov/forms/documents/at167.pdf within 15 days after
the levy is served. If the bank fails to respond, it is up to you to make
inquires to the bank on why they did not respond to the levy. The bank's
Memorandum of Garnishee should state how much money, if any, is in the account
and whether or not a safe deposit box was located. Once the Sheriff received the
Memorandum of Garnishee from the bank, it will be mailed to you. If the bank
determines that a safe deposit box is also under the levy, the Sheriff will send
you a letter required by California Code of Civil Procedures § 700.150.
Additional fees will be required to seize the contents of the safe deposit box.
BANKRUPTCY
To check on the status of a bankruptcy filing in the Northern District of
California (Oakland), call the U.S. Bankruptcy Court's Voice Case Information
System at 1-888-457-0604. A bankruptcy stays all action by the Sheriff.
CLAIM AND DELIVERY
The following documents are required on a pre-judgment Writ of Possession -
Claim and Delivery: the original writ and two copies, two copies of the Order
for Writ of Possession, one copy of the undertaking or bond (if required by the
Order for Writ of Possession), and signed instructions that describe the
property to be levied upon and list the location of the property. The fee for a
Claim and Delivery on an automobile is $1,800.00. For other personal property,
please call 510-272-6910 and describe the property to be levied on.
CLAIM OF EXEMPTION
If your wages are garnished, you may file a Claim of Exemption (Wage
Garnishment)
http://www.courtinfo.ca.gov/forms/fillable/98255.pdf. Your claim of
exemption may be filed with the Sheriff at any time during the wage garnishment
period. Submit one original signed claim form and two copies, and one original
signed financial statement and two copies.
For all other enforcement of judgment actions, i.e., bank levy,
automobile levy, property seizure; use the Claim of Exemption (Enforcement of
Judgment) form.
http://www.courtinfo.ca.gov/forms/fillable/ej160.pdf Your claim of
exemption must be filed with the Sheriff within 15 days of the date the levy was
mailed to you. If the levy was personally served on you, you have ten days from
the date of service to file a claim of exemption with the Sheriff. Submit one
original signed claim form and two copies, with or without the financial form
and copies.
A claim of exemption for a levy under a writ of attachment must
be filed with the court pursuant to CCP § 482.100(c).
EARNINGS WITHHOLDING ORDER
The Sheriff does not serve earnings withholding orders
(wage garnishments) unless the judgment creditor is incarcerated, has a
certified court ordered fee waiver, or the garnishment is for a federal or U.S.
Postal Service employee. You must contact a Registered Process Server to serve
your garnishment.
Application for Earnings Withholding Order:
http://www.courtinfo.ca.gov/forms/fillable/98251.pdf
EVICTION
Evictions are usually completed on Tuesday, Wednesday, and Thursday of each
week. To complete an eviction, we require the original writ of possession
and a letter of instruction for evictions. The letter of instruction
must be signed by the attorney of record or judgment creditor if there is no
attorney. No one else may sign the instructions. The Sheriff requires a fee
of $145.00.
Once the Sheriff receives your writ of possession, instructions,
and fee deposit; the Sheriff will post a notice of eviction on the property. The
day prior to your scheduled eviction date, a deputy will call to inform you of
the scheduled time for the eviction. You or your representative must be present
at the scheduled time of eviction in order for the Sheriff to complete the
eviction process. Please arrange for a locksmith to be present at the eviction.
Tenants often change locks. It is important to have the
Sheriff complete the eviction process, post the premises with the eviction
restoration notice, and give you your copy of the notice.
If you enter the premises before the Sheriff arrives for the
eviction, not only are you trespassing, but you may be exposing yourself to a
dangerous situation and other hazards left by the tenant. Unless the
Prejudgment Claim of Right to Possession form
http://www.courtinfo.ca.gov/forms/documents/cp105.pdf was served on the
tenants (item 9 a (1) on the reverse side of your writ), your eviction may be
postponed if a tenant not named on the writ files a Claim of Right to Possession
http://www.courtinfo.ca.gov/forms/fillable/cp10.pdf
FORECLOSURE SALE
Foreclosure sales are conducted by private companies and are not associated with
the County of Alameda. Foreclosure sales are conducted at the bottom of the
Fallon Street steps of the Rene C. Davidson Courthouse located at 1225 Fallon
Street, Oakland (corner of 12th and Oak Streets). Foreclosure sale notices are
published in the legal notices section of a newspaper published in the city
where the property is located. Sometimes foreclosure sale notices are posted
outside the Jury Commissioner's Office on the first floor of the Rene C.
Davidson Courthouse. Additional information can be found by doing an internet
search for "California foreclosure".
KEEPER LEVY
A civil keeper is a contract employee of the Sheriff's Office who remains in a
business to ensure that business assets are not removed. Keepers also collect
cash proceeds from the sale of business assets.
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The fee for the Sheriff to place a keeper in
a business for 8 hours or less is $140.00
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The fee for the Sheriff to place a keeper for
48 hours is $2,500.00 (usually associated with seize and sell actions)
If the Sheriff is unable to place the keeper because the address
or business does not exist, the business is owned by someone other than the
judgment debtor, or the business is located in a private place, the Sheriff will
charge a $95 fee. Occasionally, the judgment debtor may refuse to cooperate with
the levy and may close the business for the day.
PERSONAL PROPERTY LEVY
MOTOR VEHICLE LEVIES The fee to levy on a motor vehicle is $1,800.00. Large
trucks and other non-standard vehicles require a larger fee deposit. If the
Department of Motor Vehicles lists a legal owner, you must pay off the legal
owner prior to the Sheriff selling the motor vehicle. It the vehicle is the sole
vehicle of the judgment debtor, the debtor is entitled to an automatic exemption
of $2,900.00 pursuant to CCP § 704.010 if the vehicle is sold by the Sheriff. If there is a legal owner and
an automatic exemption, the debtor's equity in the vehicle should exceed both
amounts unless the judgment creditor is willing to purchase the vehicle for more
than its value.
PERSONAL PROPERTY LEVY WHEN THE PROPERTY IS IN THE POSSESSION OF
A THIRD PARTY
To levy on personal property in the possession of a third party
(non-debtor), the Sheriff will serve the third party with the levy and makes a
demand that the property be turned over to the Sheriff. The Sheriff may not
seize personal property from anyone other than the judgment debtor. If the third
party allows the Sheriff to take possession of the property, additional fees may
be required for the Sheriff to take and store the property.
PERSONAL PROPERTY LEVY UNDER A WRIT OF POSSESSION OF PERSONAL
PROPERTY The fee for the Sheriff to levy and seize personal property under a
writ of possession is $100. You must meet the Sheriff at the property location
and take immediate possession of the property once the Sheriff has seized it
from the judgment debtor. A writ of possession and a writ of execution require
different actions. Both writs are issued on the same form.
PERSONAL PROPERTY LOCATED IN A PRIVATE PLACE
A court order
directing the Sheriff to enter a private place is required for the Sheriff to
seize personal property in a dwelling or secured business or yard.
OTHER PERSONAL PROPERTY
To levy on inventory or equipment of a
going business, please see KEEPER LEVY HELP. For all other personal property
levy, call the office at (510) 272-6910.
PROCESS SERVER
You may search for process servers throughout Alameda County by using
REAL PROPERTY LEVY
(
Click here for "Instructions for Real Property Levy" form )
Levy requirements are covered in the Sheriff's instructions form shortcut above.
There are four basic types of real property levies:
- Levy under a writ of execution on
real property that contains a dwelling (as defined by CCP § 704.710): This
type of levy is governed by CCP § 704.720 through 704.850. The attorney for
the judgment creditor or judgment creditor acting without an attorney must
file an Application for Order for Sale of Dwelling with the Sheriff and the
court within 25 days after the Sheriff mails out notice. Failure to file the
application in the proper format and within the time allowed will result in
the Sheriff releasing the real property levy. If the court determines that
the real property contains a homestead, the minimum the Sheriff can sell the
real property for is 90% of the fair market value. (CCP § 704.800). Due to
code requirements, the Sheriff may not sell the real property until five
months after the levy.
- Levy under writ of execution on
real property that does not contain a dwelling (as defined by CCP § 704.710):
This type of levy is governed by CCP § 700.015 and § 701.540. There is no
requirement to obtain a court order to sell the property. Due to code
requirements, the Sheriff may not sell the real property until five months
after the levy.
- Levy under writ of sale on real
property. This type of levy requires a certified copy of the judgment for
sale (CCP § 716.010) to be delivered to the Sheriff along with the original
writ. This type of levy is governed by the judgment order.
- Levy under writ of attachment on
real property creates a three-year lien on the real property. This type of
levy is governed by CCP § 488.315 and the property is not sold. If the writ
is issued ex-parte, instructions must inform the Sheriff that the summons
and complaint has been served or will be served by a process server, or the
instructions must direct the Sheriff to serve the summons and complaint
pursuant to CCP § 488.020(c).
Time Line for Real Property Levy
Initially, the Sheriff, or Registered Process Server, records the levy, mails
notice to debtor(s), serves the occupant of the real property or posts notice on
real property, and mails a letter to attorney or creditor without attorney
requesting additional information.
- The following three steps (a, b, c) apply only if the real property contains
a dwelling:
- Within 25 days after the request letter is mailed by the Sheriff, the
creditor must file a copy of the Application for Order for Sale of Dwelling with
the court AND the Sheriff. The court date for the hearing on the application
must not be more than 45 days after the application is filed. CCP § 704.750
- The creditor must arrange for the application for order for sale of dwelling
to be served on the debtor and occupant no later than 30 days prior to the
hearing. CCP § 704.770
- If the judgment debtor does not show up to the hearing on the application, a
second chance notice must be served on the debtor. CCP § 704.790
- Lien Holders: The Sheriff requires a list of ALL lien holders that were of
record the day the levy was recorded . The lien holder list may not be
determined until 30 days after the date of levy (701.540(h). The Sheriff does
not actually require the lien holder list until it is time to prepare a sale
notice.
- Sale Notice: The Sheriff cannot prepare a sale notice until 125 days after
the notice of levy was mailed to the debtor. CCP § 701.545
- Postpone Sale: The Sheriff requires a signed stipulation between the
judgment creditor and the judgment debtor to postpone the sale. The judgment
debtor's signature must be notarized. The creditor may cancel the sale at any
time.
- Sale: The judgment creditor may credit his or her judgment as a bid for the
real property. (CCP 701.590)
For additional information regarding real property levies, please contact the
Sheriff's Civil Section at (510) 272-6899.
SHERIFF'S SALES
The Sheriff does not maintain a mailing list for Sheriff's sales. All Sheriff's
sale notices are posted in our office and can be viewed by clicking
HERE.
The minimum payment due, as indicated on the chart below, must be paid to the
Sheriff immediately upon the acceptance of the final bid and must be paid with
either cash or a cashier's check made payable to Gregory J. Ahern, Sheriff.
The remaining balance of the amount bid, plus 10% daily interest, must be
received by the Sheriff no later than ten days after the sale date. The
Sheriff will not accept personal or business checks.
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Personal Property Sales |
Minimum Amount Due at Sale |
Real Property Sales |
Minimum Amount Due at Sale |
Amount of Bid |
$2,500 or less |
Full bid amount |
$5,000 or less |
Full bid amount |
Amount of Bid |
$2,501 to $25,000 |
$2,500 |
$5,000 to $50,000 |
$5,000 |
Amount of Bid |
$25,001 or over |
$50,001 or over |
10% of amount bid |
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PERSONAL PROPERTY SALES
Personal property may be viewed approximately 20 minutes prior to the sale
unless otherwise noted. To bid on personal property at a Sheriff's Sale, you
must have cash or certified check(s) payable to the Sheriff for the amount of
your bid. For personal property sales, bids over $2,500.00 may be treated as credit
bids by depositing $2,500.00 or 10% of the amount bid, whichever is greater, with
the Sheriff.
REAL PROPERTY SALES
For real property sales, bids over $5,000.00 may be treated as credit bids by
depositing $5,000.00 or 10% of the amount bid, whichever is greater, with the
Sheriff (see chart below). Real property can be viewed at anytime from the
street. Real property sale notices are also published in the legal section of
the newspaper in the city where the property is located on three consecutive
Wednesdays prior to the sale.
THIRD PARTY CLAIM
There is no Judicial Council form for filing a third party claim. A third party
claim may be filed on pleading paper or on plain white paper. There are two
types of third party claims, a
Claim of Ownership or Possession when you claim ownership of the property
claimed, or a
Claim of Security Interest or Lien when you have a security interest in
the property claimed. You may not file a third party claim of security interest
on a real property levy. The Third Party Claim must contain the requirements
outlined in California Code of Civil Procedures § 720.130 and 720.230
http://www.leginfo.ca.gov/calaw.html
- You must submit the original signed claim and two copies
of the claim to the Sheriff.
The claim must include:
- The title of the case, i.e., Jones vs. Smith
- The court case number
- The Sheriff's file number (not a requirement but it helps speed up
processing your claim)
- The name and address of the person making the claim (the address must be
within California)
If the claim is for ownership, you must include:
- The statement "This claim is for ownership of property pursuant to
CCP § 720.110"
- A description of the property claimed
- A description of the interest claimed, including a statement of the
facts upon which the claim is based
- An estimate of the market value of the interest claimed
- A copy of any writing upon which the claim is based shall be attached to
the third-party claim. At a hearing on the third-party claim, the
court, in its discretion, may exclude from evidence any information not
included in the original written claim. CCP § 720.130
At a hearing on the third-party claim, the court in its discretion may exclude
from evidence any writing a copy of which was not attached to the third-party
claim.
If the claim is for a security interest or lien, you must include:
- The statement "This claim is for a security interest or lien pursuant to
CCP § 720.210"
- A description of the personal property in which a security interest or
lien is claimed
- A detailed description of the security interest or lien claimed,
including a statement of the facts upon which it is based
- A statement of the total amount of sums due or to accrue under the
security interest or lien and the applicable rate of interest on amounts due
- A copy of the security agreement and any financing statement shall be
attached to the third-party claim. In the case of a lien, a copy of any
writing upon which the claim is based shall be attached to the third-party
claim. At a hearing on the third-party claim, the court in its discretion
may exclude from evidence any writing a copy of which was not attached to
the third-party claim. At a hearing on the thrid-party claim, the
court, in its discretion, may exclude from evidence any information not
included in the original written claim. CCP § 720.230
The third party claim must be signed under penalty of perjury (CCP § 2015.5)
- I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date ____________________________________
Signature ________________________________
WRIT OF ATTACHMENT LEVY
To levy under a writ of attachment, the Sheriff requires the original writ of
attachment and 4 copies, 4 copies of the right to attach order, 1 copy of the
undertaking or bond, and signed instructions telling the Sheriff the type of
levy, who to serve and the address for service. To levy on equipment of a going
business pursuant to CCP § 488.375, your must provide the Sheriff with a
completed AT-1 form
http://www.ss.ca.gov/business/ucc/ra_9_atl1_barcode.pdf. To levy on a
vehicle, please complete the
DMV Attachment lien form. A claim of exemption for a levy under a writ
of attachment must be filed with the court pursuant to CCP § 482.100(c).
WRIT OF EXECUTION LEVY
Your writ will be rejected by the Sheriff if the interest on line 19(a) exceeds
10%. To properly calculate interest on your writ, take line 15 and multiply it
by 0.10 then divide by 365. Do not set your calculator to round numbers up. Your
writ of execution is a two sided form. If you have only one side to your writ,
it is invalid. To levy under a writ of execution, the Sheriff requires the
original writ of execution and 4 copies, and signed instructions describing the
property to be levied upon, the method of levy, and the name and address where
the levy is to be served.
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