Notice of Application for Writ of Possession and Hearing
California · Judicial Council of California · Effective January 1, 2006
This form tells the person being sued that the person suing is asking the court for an order called a writ of possession. This order, if granted, tells the sheriff to take property that the person suing claims the defendant is wrongly keeping.
The court describes it as: Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a writ of possession (an order telling the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping). Also tells defendants when the court will hold a hearing on the plaintiff’s request and gives them information about their rights.
Where this fits in a case
Start a caseStage: Start a case
This form is used when a party who is suing believes the property they are owed is being kept by the defendant and asks the court to hold a hearing about it.
Usually filed by the person starting the case.
Common questions
- What is this form for?
- This form is a notice that the person suing is asking the court for a writ of possession. This writ is an order telling the sheriff to take property the plaintiff claims is theirs.
- What happens at the hearing?
- The court may issue the writ if it thinks the plaintiff's claim is probably valid. The hearing is not for deciding if the claim is actually valid.
- What should the defendant do if they disagree?
- If the defendant wants to disagree with the writ, they must file evidence with the court and serve it on the plaintiff's attorney.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2006.
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