§ 715.040 Execution of writ by registered process server; filing with levying officer; duties of levying officer; fees

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 715.040

§ 715.040. Execution of writ by registered process server; filing with levying officer; duties of levying officer; fees

    (a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if a proper writ of possession is delivered to the sheriff or marshal and that officer does not execute the writ as provided in subdivisions (a) and (b) of Section 715.020 within three days (Saturday, Sunday, and legal holidays excluded) from the day the writ is delivered to that officer. If the writ is not executed within that time, the levying officer shall upon request give the writ to the judgment creditor or to a registered process server designated by the judgment creditor.

    (b) Within five days after executing the writ under this section, all of the following shall be filed with the levying officer:

        (1) The writ of possession of real property.

        (2) An affidavit of the registered process server stating the manner in which the writ was executed.