Levy and Sell Real Property
In civil process, the term “real property” refers to any right claimed, challenged, or held in Real Property. The Santa Clara County Sheriff’s Office Civil Unit (acting as Levying Officer) can execute the levy and sale of real property pursuant to appropriate, complete, and timely documents and fees. This can be done with a Writ of Execution or a Writ of Sale.
When the Court issues a judgement for money, the prevailing party is referred to as the Judgment Creditor. The Judgment Creditor may or may not be the Plaintiff who initiated the original legal proceedings. Based on the judgement, money will be owed by the Judgment Debtor. The Judgment Debtor may or may not be the original Defendant in the case. Based on the judgment, the Court can issue a Writ of Execution. It is intended to help satisfy the money judgment on behalf of a Judgment Creditor (also known as a JC) with the help of the Sheriff.
This is a multi-step complex legal process that may require court hearings, additional deposits, clarifying instructions, claims, competing interests, and documentation. Because the Sheriff’s Levying Officer cannot provide legal advice, we recommend you have substantial legal knowledge or an attorney before pursuing this process. To open a Sheriff’s file for a Writ of Execution against a Judgement Debtor’s real property, deliver to the Sheriff’s Civil Unit:
- Original Writ of Execution (with 4 copies) and,
- Written, signed Request for Sheriff to Serve Court Papers and,
- Written, signed Special Instructions for Writs and Levies and,
- Initial deposit of $2000 for fees and costs and,
- Legal description of the real property to be levied (and four copies), and
- Additional documents to assist the Levying Officer.
The Levying Officer assigned to your Sheriff’s File will notify the Judgment Debtor of the Levy and potential sale of their property with information regarding their rights. The Levying Officer will notify the Judgment Creditor of their responsibilities and associated timelines. If the Judgment Creditor fails to comply with any required steps, the Levying Officer will release the subject property from levy and return any unused deposit.
At the conclusion of the Writ of Execution process, the Levying Officer will properly disburse any funds collected against the judgment, apply their costs and fees to the deposit, and return the Writ to court.
The Sheriff’s Office cannot provide legal advice.
When a plaintiff successfully forecloses on real property in court, the judge can issue a judgment and order to sell real property. The plaintiff then becomes a Judgment Creditor and can request a Writ of Sale. Parties who have an ownership interest in the subject property are referred to as Judgment Debtors. The Sheriff can execute the Writ of Sale on behalf of the Judgment Creditor.
This is a multi-step complex legal process that may require more court hearings, additional deposits, clarifying instructions, claims, competing interests, and documentation. Because the Sheriff’s Levying Officer cannot provide legal advice, we recommend you have substantial legal knowledge or an attorney before pursuing this process. To open a Sheriff’s file for a Writ of Sale against a Judgement Debtor’s real property, deliver to the Sheriff’s Civil Unit:
- Original Writ of Sale (and four copies) and,
- Written, signed Request for Sheriff to Serve Court Papers and,
- Written, signed Special Instructions for Writs and Levies and,
- Initial deposit of $2000 for fees and costs and,
- Certified copy (and three additional copies) of the Judgment and Order for Sale (may be separate documents) and,
- Legal description of the real property to be sold (with four copies), and
- Additional documents to assist the Levying Officer.
The Levying Officer assigned to your Sheriff’s File will notify the Judgement Debtor of the Levy and potential sale of their property with information regarding their rights. The Levying Officer will notify the Judgment Creditor of their responsibilities and associated timelines. If the Judgment Creditor fails to comply with any required steps, the Levying Officer will release the subject property from levy and return any unused deposit.
At the conclusion of the Writ of Execution process, the Levying Officer will properly disburse any funds collected against the judgment, apply their costs and fees to the deposit, and return the Writ to court.
The Sheriff’s Office cannot provide legal advice.