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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-21/000.00 Writ of Possession (Claim and Delivery) / 6-21/300.00 Service of Process

6-21/310.00 After Hearing Writ


6-21/300.00 Service of Process
6-21/320.00 Ex Parte Writ

If the writ is an After Hearing Writ of Possession (Claim and Delivery), the levying officer shall serve defendant or the person in possession of the property copies of the:

        1. Writ of Possession (CD-130)
        2. Copy of the Undertaking (unless waived by the court on the Order for Writ of Possession)
        3. Order for Writ of Possession (CD-120)

The process shall be served on the person in possession of the property at the time of levy. If no one is in possession, the defendant shall be served.

If the defendant has not appeared in the action, the process shall be served in the same manner as a summons.  (CCP 514.020)

If the defendant has appeared in the action, the process shall be served in the manner specified in CCP 1011: 

      • Personally served the defendant or the defendant’s attorney
  • Serving the defendant’s attorney at the attorney’s office with the receptionist or person in charge between 9 a.m. and 5 p.m.
  • At the defendant’s attorney’s residence with a person at least 18 years of age
      • At the defendant’s residence between 8 a.m. and 8 p.m. with a person at least 18 years of age
  • If a person at least 18 years old cannot be found at the defendant’s residence, the process may be mailed
  • If the defendant’s residence is not known, the process may be delivered to the clerk of the court