What is the procedure to file Writ of Possession (Claim and Delivery) in California?

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What is the procedure to file Writ of Possession (Claim and Delivery) in California? This is for a car. What does actually happen once the writ is filed? Is the case gets scheduled in the court? How long does it usually take to get the hearing? If I win the case would I need a sheriff's help or I can hire a professional repossession company to tow the car? Is it simple enough I can do without hiring an attorney?

Attorney Answers

2
Richard Lysle ·
First of all, you cannot do a claim & delivery on a consumer debt. Second, you will need to post a surety band. Third, you will need a lawyer.
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Robert Stempler ·
As stated by Mr. Lysle, on a non-business debt, you'll first need to file a complaint, serve it on the individual, then convince the court to enter judgment against the individual. Once that is entered, the judgment creditor then has a number of procedures to enforce that judgment, including writ of attachment, writ of possession, and wage garnishment. There are forms in the link below from the Judicial Counsel for enforcing a judgment for money, including writs. The judgment creditor or their counsel complete's the writ form and presents it to the clerk of the court, who will then endorse it. Then give the endorsed writ to a levying officer to enforce, along with instructions for enforcement. There may be court costs and other processing charges for each of these items. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com www.facebook.com/SoCalConsumerLawyer Twitter: @RStempler
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