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Effective Levies: How to Effectively Communicate with the Sheriff

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Trusts
and Estates
Section
Remedies
Section
Effective Levies:
How to Effectively Communicate
with the Sheriff
Wednesday, May 16, 2012
12:00 - 1:30 PM
Buchalter Nemer
Los Angeles, California
Speakers
Moderator: Alan Cohen, Law Offices of Alan Cohen
Jerome Blum, Herzlich & Blum, LLP
Jack Biggerstaff, Janney & Janney
John Fernandez, Los Angeles Sheriff’s Office
Christopher Reed, Los Angeles Sheriff’s Office
1.5 hours CLE credit
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
COURT SERVICES DIVISION
REAL ESTATE SECTION
110 N. GRAND AVE. RM 525
LOS ANGELES, CA 90012
(213) 974-4827
REAL ESTATE LEVY INFORMATION SHEET
PLEASE REVIEW THE FOLLOWING INFORMATION IN ORDER TO PROPERLY COMPLETE THE INSTRUCTION FORM:
The Sheriff must have written and signed instructions by the attorney of record for the plaintiff/creditor or by the
plaintiff/creditor,
if he has no attorney. All documents should be typed. The type style, size and color should be
capable of being reproduced legibly by micro photographic or image processing.
THE INSTRUCTIONS MUST:
<
<
Direct the Sheriff to "Attach" or "levy and Sell" the interest of the defendant/debtor(s) named on the writ. If multiple
defendant/debtors, the instructions must state whose interest to levy on. Include the mailing address of each defendant/debtor.
Contain the legal description and, if any, the common address of the property to be levied on. Please include the Assessor's
Parcel Number (APN) and a map which contains the parcel number. This parcel number is required for all Deeds.
A typical legal description would contain: lot, tract, book and page numbers. NOTE: the book and page numbers
in the Assessor's parcel number and those in the legal description are not meant to be the same, nor are they
interchangeable.
To levy on a portion of a Lot, it is necessary to include metes and bounds or the parcel number to define the exact
portion of the lot.
The legal description must be legible. Copies of title search, grant deed, quitclaim, etc., are not acceptable. If space
on the instruction form is not adequate, print the description on a separate sheet of plain paper with the case title and
number at the top.
<
<
<
Contain the name and last known address of all owners of record, even if they are a named defendant/debtor. The name of
any owner of record should be stated exactly as it stands in the office of the County Recorder. The Recorder shall have the last
known address [refer to CCP 700.015 (b)]. Lienholders are not considered record owners.
Indicate if the property contains a dwelling; if so, if it is real or personal property.
Writ of Attachment, indicate: if defendant has or has not appeared in the action; if issued ex parte, if Summons and
Complaint has or has not be served; if defendant has an attorney of record, (if so, give name and address of attorney).
DOCUMENTS AND/OR FORMS REQUIRED AS FOLLOWS:
WRIT OF EXECUTION (Money Judgment) - Original Writ and a minimum of six (6) copies.
WRIT OF SALE - Original Writ and six (6) copies, a certified copy of the Judgment for Sale.
WRIT OF ATTACHMENT - Original Writ and six (6) copies. Six (6) copies each of Right to Attach Order, Notice(s) of
Attachment (directed to defendant(s) and owner(s) or record)
EXTRA COPIES ARE NECESSARY FOR ADDITIONAL POSTING, OWNERS OF RECORD AND FOR MORE THAN ONE
DEFENDANT /JUDGMENT DEBTOR. A fee of fifty (.50) cents will be charged for each side of any document we must photocopy.
FEE DEPOSITS ARE REQUIRED IN ADVANCE
Writ of Attachment - $200.00 / Writ of Sale or Writ of Execution - $1000.00
SPECIAL CIRCUMSTANCES MAY REQUIRE ADDITIONAL FEES.
REAL ESTATE INFO SHEET IN WORD
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
COURT SERVICES DIVISION
(213) 974-4827
REAL ESTATE LEVY INSTRUCTION FORM
Pursuant to a:
Writ of Execution
Writ of Sale
Writ of Attachment Case No. [Case number]
Plaintiff [Plaintiff]
vs Defendant [Defendant]
Attach:
Levy and Sell:
The interest of the following Judgment Debtor/Defendant(s):
Name:
Mailing Address:
Name:
Mailing Address:
In the following Real Property:
Common Address:
Legal Description: (If the description is too long, write "See Attached" below and the description on a plain paper)
Assessor's Parcel Number (APN):
Please verify the common address, legal description and furnish a copy of the Assessor's map. The APN is
required on all deeds. This property
Does
Does not contain a dwelling. (Please refer to ccp 704.710(a)
and CCP 704.7108 for further explanation re: dwelling/homestead)
Owners of Record Are: (Note: Include the defendant/debtor(s) if record owners. If the defendant/debtor has aliases showing
on the title, list those aliases as record owners).
Name:
[refer to CCP700.015 (b).]
Mailing Address:
Name:
Mailing Address:
SIGNATURE of Plaintiff/Attorney of Record:
Print Name (and Firm)
Plaintiff/Attorney's Address
Date:
Phone Number (
)
NOTE: ON WRIT OF SALE, INCLUDE: CERTIFIED COPY OF THE JUDGMENT FOR SALE, LIENHOLDER INSTRUCTIONS PER CCP '701.540(h), IF
APPLICABLE PER CCP '729.010(a), (b3) INCLUDING ANY STATE TAX LIEN AMOUNTS AND DATES.
IF WRIT OF ATTACHMENT, INDICATE: DEFENDANT:
HAS
HAS NOT BEEN SERVED; DEFENDANT
BELOW)
REAL ESTATE INST. FORM IN WORD
HAS
DOES
HAS NOT APPEARED IN THE ACTION; IF EX PARTE, THE SUMMONS & COMPLAINT
DOES NOT HAVE AN ATTORNEY OF RECORD (IF SO, WRITE THE NAME AND ADDRESS
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