6-21/220.20 Private Place No Endorsement



If the personal property sought to be seized is located in a private place of the defendant, and the writ of possession does not specify a private place endorsement, the levying officer making the levy shall demand delivery of the property by the defendant and shall advise such person of potential liability for additional costs and attorney's fees that may be incurred in further proceedings to obtain delivery of the property.  If the defendant does not deliver the property, the levying officer shall promptly notify the plaintiff of the failure to obtain custody of the property and shall make no further attempt to obtain custody of the property until a court order is delivered to the officer which states that there is probable cause to believe that the specific property sought to be levied upon is in a specific location described in the order.

The plaintiff in an ex parte motion may apply to the court for an order directing the levying officer to enter a private place to search for and seize the property.  The plaintiff may also petition the court for an order to search for and seize the specified property in a different private place indicated on the writ of possession.  (CCP 512.090)

Upon receipt of the ex parte court order, the levying officer may proceed with the levy in accordance with 6-21/220.10 Private Place Endorsement.