WRIT OF ATTACHMENT for 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 attach and hold real property pursuant to a Writ of Attachment and other appropriate, complete, and timely documents and fees. This is considered a pre-judgment action.
Attaching property 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 Attachment on real property, deliver to the Sheriff’s Civil Unit:
- The original Writ of Attachment and 4 copies.
- Certified copy of the Right to Attach order (RTAO) with 4 copies.
- Legal description of the property with 4 copies.
- 5 copies of a bond, if required.
- A deposit of $500.00.
- A Request for Sheriff to Serve Court Papers.
- Special Instructions for Writs and Levies.
- Additional documents the Levying Officer may need to successfully attach your subject property.
The Sheriff’s Office cannot provide legal advice.