6-21/200.00 Levy and Custody



The specified property can only be seized.  Seizure is from the possession of the defendant or an agent of the defendant.  The levying officer shall either remove the property to a place of safekeeping or install a keeper. If the property is used as a dwelling, such as a mobile home or boat, a keeper shall be placed in charge of the property for two days after which the levying officer shall remove the occupants and any contents and shall take exclusive possession of the property.

The levying officer has no authority to enter or search any private place except where endorsed and specified on the writ of possession.  If the endorsement is specified on the writ of possession, the levying officer shall at the time possession of the property is demanded announce the officer’s identity, purpose, and authority. If the property is not voluntarily delivered, the levying officer may break open any building or enclosure in a manner that will cause the least damage. If the levying officer believes that risk of serious bodily harm or death may result from such forced entry, the levying officer shall refrain and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists.

(CCP 514.010)