Civil Unit
1225 Fallon Street, Oakland, CA 94612
Civil: (510) 272-6910
 

LOCATION/OFFICE HOURS: The Alameda County Sheriff’s Office Civil Unit is located in the Rene C. Davidson Courthouse, 1225 Fallon Street, Room 104, Oakland, California 94612-4381. Check Yahool Maps at http://maps.yahoo.com or MapQuest at http://www.mapquest.com for driving directions.  The Civil Unit is located on the 1st floor of the courthouse in room 104. There is no public parking permitted around the courthouse.  Public parking is available at the County Garage on Jackson Street between 12th and 13th Streets, and at the Oakland Museum on Oak Street.  Our office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday. The Civil Unit serves process in all cities in Alameda County and the unincorporated areas of the county. The office is closed on weekends and County holidays. The public telephone number is (510) 272-6910. This number includes the service of civil process information which may be retrieved at any time.

The Civil Unit will be closed on the following County holidays: New Year's Day, Martin Luther King Jr's Birthday, Lincoln's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving (Thursday and Friday), and Christmas Day.  We will be open on Cesar Chavez Day and Columbus Day (both are court holidays, but not the County holidays).

MISSION STATEMENT: The mission of the Civil Unit is to serve all process in a reasonable and timely manner, while maintaining an impartial position between all parties involved.

INSTRUCTIONS AND INFORMATION: All documents must be accompanied by a letter of instruction, signed and dated by the attorney of record or the plaintiff, if there is no attorney. The instructions must include the name of the person to be served and the address where service is to be made. A wage levy requires an Application for Earnings Withholding Order instead of a letter of instruction. The applications and forms are available at the front counter of our office.

THE SHERIFF OF ALAMEDA COUNTY WILL SERVE THE FOLLOWING LEVIES AND DOCUMENTS:
Levies followed by an * must be served by the Sheriff.
All others may be served by the Sheriff or a Registered Process Server.

• Attachment Lien Notice (AT-1) http://www.ss.ca.gov/business/ucc/ra_9_atl1_barcode.pdf filed with the Secretary of State via U.S. Mail (must be signed by Sheriff)
• Attachment Lien Notice filed with DMV (must be signed by Sheriff)
• Automobile seizure and sale *
• Bench Warrant - Civil *
• Boat Seizure and Sale *
• Book Levy on Funds Held by Sheriff *
• Business Levy (keeper levy) *
• Claim and Delivery *
• Earnings Withholding Order only on Federal or U.S. Postal Employees
• Equipment Seizure and Sale *
• Eviction *
• Keeper Levy *
• Levy on Securities *
• Order of Appearance or Examination (to obtain arrest warrant for failure to appear, Sheriff must serve)
• Order to Show Cause
• Personal Property Seizure and Sale *
• Real Property Levy
• Restraining Order
• Seizures of Personal Property *
• Subpoena - Criminal
• Temporary Restraining Order *
• Till tap *
• Warrant of Attachment (see bench warrant) *
• Writ of Possession of Real Property (Eviction) *

THE SHERIFF OF ALAMEDA COUNTY WILL NOT SERVE THE FOLLOWING LEVIES AND DOCUMENTS unless you are incarcerated or have a certified fee waiver from the court.  The following levies must be served by a Registered Process Server.  Non levy civil process can be legally served by anyone over the age of eighteen who is not a party to the action or by a Registered Process Server.  Click on "Process Server" Help below.

• Affidavit and Order
• Bank Levy
• Citations/Petition (Probate and Juvenile Court)
• Claim of Defendant (Cross Complaint)
• Claim of Plaintiff (Small Claims)
• Complaint without Summons
• Counter Claim or Counter Affidavit
• Cross Complaint - Small Claims
• Default Judgment (Judge's Order)
• Dissolution (Divorce and Annulment)
• Earnings Withholding Order (except federal and U.S. Postal Services employees)
• Judgment (Order of Court)
• Notice of Court Action
• Order to Show Cause
• Rent Levy (money collected from tenants)
• Safe Deposit Box Levy
• Statement (foreign support order)
• Subpoena (Civil, or Juvenile)
• Summons and Complaint
• Summons and Petition
• Third Party Levy
• Wage Assignment
• Wage Garnishment

FORMS AND WORKSHEETS:  [ :: Printing Instructions :: ]

• Application for Earnings Withholding Order
• Attachment AT-1 Form for filing with Secretary of State
• Attachment DMV Lien for filing with DMV
• Sheriff's Instruction Form  [Open in Acrobat PDF format]
• Sheriff's Sale Notices (current)

LEVY AND SALES HELP:

• Bank Levy
• Bankruptcy
• Claim & Delivery
• Claim of Exemption
• Driving Directions Help
• Earnings Withholding Order
• Eviction
• Foreclosure Sales
• Keeper Levy
• Personal Property Levy
• Process Server
• Real Property Levy
• Sheriff's Fees
• Sheriff's Sales
• Third Party Claim
• Wage Garnishment
• Writ of Attachment Levy
• Writ of Execution Levy

COUNTY WEBSITES:
The Official Website for the County of Alameda is: http://www.acgov.org
Search the Alameda County Recorder's database at http://rechart1.acgov.org

STATE WEBSITE:
State Judicial Council Forms can be filled out and printed at http://www.courtinfo.ca.gov/forms/
All California Law Codes are available at http://www.leginfo.ca.gov/calaw.html
Writ of Attachment AT-1 Attachment Lien Notice: http://www.ss.ca.gov/business/ucc/ra_9_at1_barcode.pdf

SERVICE REQUIREMENTS: For all services, we require a copy of the document, front and back, for each person to be served plus an additional copy for our file. For levies and evictions, we require the original writ of execution plus four copies, front and back. Please include more copies if you have more than one levy. All documents must be accompanied by the appropriate fee or a certified court-ordered fee waiver.  All fees are per service. Two defendants equal two services, even if they are at the same address.

DISBURSEMENT OF FUNDS: Pursuant to California Code of Civil Procedures Section 706.026, levy monies received by the Sheriff are disbursed at least once every 30 days, unless the monies were paid with cash. It is our policy to disburse monies every 21 days.  CA Govt. Code § 26746 provides for the Sheriff a $10.00 assessment to be collected from the judgment debtor on each disbursement of money paid to a judgment creditor.

LEGAL ADVICE: The Sheriff cannot give out personal or legal advice or answer any questions which are legal in nature. If you have a legal question, please contact an attorney.

STATUS REQUESTS: Status inquiries are not given over the phone.  Status inquiries may be made via fax at (510) 272-6811. Status inquiries include all questions regarding any monies or answers received from garnishments or levies.

BANK LEVY:
The Sheriff will only serve a bank levy if you have a certified court ordered fee waiver or if you are an in-custody inmate and able to pay the Sheriff's fee.  All other bank levies must be served by a Registered Process Server. (click here to find a process server) You must submit written, signed instructions to the process server to deliver to the Sheriff with your writ. The Sheriff charges $30 for each bank to be served. If noted on your Notice of Levy http://www.courtinfo.ca.gov/forms/fillable/ej150.pdf the bank will also levy on any safe deposit box in the name of the debtor/defendant.

The bank is required to respond to the Sheriff with a completed Memorandum of Garnishee http://www.courtinfo.ca.gov/forms/documents/at167.pdf within 15 days after the levy is served. If the bank fails to respond, it is up to you to make inquires to the bank on why they did not respond to the levy. The bank's Memorandum of Garnishee should state how much money, if any, is in the account and whether or not a safe deposit box was located. Once the Sheriff received the Memorandum of Garnishee from the bank, it will be mailed to you. If the bank determines that a safe deposit box is also under the levy, the Sheriff will send you a letter required by California Code of Civil Procedures §700.150. Additional fees will be required to seize the contents of the safe deposit box.

BANKRUPTCY: To check on the status of a bankruptcy filing in the Northern District of California (Oakland), call the U.S. Bankruptcy Court’s Voice Case Information System at 1-888-457-0604. A bankruptcy stays all action by the Sheriff.

CLAIM AND DELIVERY: The following documents are required on a pre-judgment Writ of Possession – Claim and Delivery: the original writ and two copies, two copies of the Order for Writ of Possession, one copy of the undertaking or bond (if required by the Order for Writ of Possession), and signed instructions that describe the property to be levied upon and list the location of the property. The fee for a Claim and Delivery on an automobile is $1,200. For other personal property, please call 510-272-6910 and describe the property to be levied on.

CLAIM OF EXEMPTION: If your wages are garnished, you may file a Claim of Exemption (Wage Garnishment) http://www.courtinfo.ca.gov/forms/fillable/98255.pdf Your claim of exemption may be filed with the Sheriff at any time during the wage garnishment period. Submit one original signed claim form and two copies, and one original signed financial statement and two copies.

For all other enforcement of judgment actions, i.e., bank levy, automobile levy, property seizure; use the Claim of Exemption (Enforcement of Judgment) form. http://www.courtinfo.ca.gov/forms/fillable/ej160.pdf Your claim of exemption must be filed with the Sheriff within 15 days of the date the levy was mailed to you. If the levy was personally served on you, you have ten days from the date of service to file a claim of exemption with the Sheriff. Submit one original signed claim form and two copies, with or without the financial form and copies.

A claim of exemption for a levy under a writ of attachment must be filed with the court pursuant to CCP §482.100(c).

EARNINGS WITHHOLDING ORDER: The Sheriff does not serve earnings withholding orders (wage garnishments) unless the judgment creditor is incarcerated, has a certified court ordered fee waiver, or the garnishment is for a federal or U.S. Postal Service employee. You must contact a Registered Process Server to serve your garnishment.
 Application for Earnings Withholding Order: http://www.courtinfo.ca.gov/forms/fillable/98251.pdf

EVICTION: Evictions are usually completed on Tuesday, Wednesday, and Thursday of each week.  To complete an eviction, we require the original writ of possession plus four copies and a letter of instruction. The letter of instruction must be signed by the attorney of record or judgment creditor if there is no attorney. No one else may sign the instructions. The Sheriff requires a fee of $125.00.

Once the Sheriff receives your writ of possession, instructions, and fee deposit; the Sheriff will post a notice of eviction on the property. The day prior to your scheduled eviction date, a deputy will call to inform you of the scheduled time for the eviction. You or your representative must be present at the scheduled time of eviction in order for the Sheriff to complete the eviction process. Please arrange for a locksmith to be present at the eviction. Tenants often change locks. Deputies will not pick locks, kick in doors, or break windows to complete the eviction process. It is important to have the Sheriff complete the eviction process, post the premises with the eviction restoration notice, and give you your copy of the notice.

If you enter the premises before the Sheriff arrives for the eviction, not only are you trespassing, but you may be exposing yourself to a dangerous situation and other hazards left by the tenant. Unless the Prejudgment Claim of Right to Possession form http://www.courtinfo.ca.gov/forms/documents/cp105.pdf was served on the tenants (item 9 a (1) on the reverse side of your writ), your eviction may be postponed if a tenant not named on the writ files a Claim of Right to Possession http://www.courtinfo.ca.gov/forms/fillable/cp10.pdf

FORECLOSURE SALE: Foreclosure sales are conducted by private companies and are not associated with the County of Alameda. Foreclosure sales are conducted at the bottom of the Fallon Street steps of the Rene C. Davidson Courthouse located at 1225 Fallon Street, Oakland (corner of 12th and Oak Streets). Foreclosure sale notices are published in the legal notices section of a newspaper published in the city where the property is located. Sometimes foreclosure sale notices are posted outside the Jury Commissioner’s Office on the first floor of the Rene C. Davidson Courthouse. Additional information can be found by doing an internet search for “California foreclosure."

KEEPER LEVY: A civil keeper is a contract employee of the Sheriff’s Office who remains in a business to ensure that business assets are not removed. Keepers also collect cash proceeds from the sale of business assets.

• The fee for the Sheriff to place a keeper in a business for 8 hours or less is $205

• The fee for the Sheriff to place a keeper for 48 hours is $2,250 (usually associated with seize and sell actions)

If the Sheriff is unable to place the keeper because the address or business does not exist, the business is owned by someone other than the judgment debtor, or the business is located in a private place, the Sheriff will charge a $70 fee. Occasionally, the judgment debtor may refuse to cooperate with the levy and may close the business for the day.

PERSONAL PROPERTY LEVY:
MOTOR VEHICLE LEVIES: The fee to levy on a motor vehicle is $1,200. Large trucks and other non-standard vehicles require a larger fee deposit. If the Department of Motor Vehicles lists a legal owner, you must pay off the legal owner prior to the Sheriff selling the motor vehicle. It the vehicle is the sole vehicle of the judgment debtor, the debtor is entitled to an automatic exemption of $2,550 pursuant to CCP 704.010 if the vehicle is sold by the Sheriff. If there is a legal owner and an automatic exemption, the debtor’s equity in the vehicle should exceed both amounts unless the judgment creditor is willing to purchase the vehicle for more than its value.

PERSONAL PROPERTY LEVY WHEN THE PROPERTY IS IN THE POSSESSION OF A THIRD PARTY: To levy on personal property in the possession of a third party (non-debtor), the Sheriff will serve the third party with the levy and makes a demand that the property be turned over to the Sheriff. The Sheriff may not seize personal property from anyone other than the judgment debtor. If the third party allows the Sheriff to take possession of the property, additional fees may be required for the Sheriff to take and store the property.

PERSONAL PROPERTY LEVY UNDER A WRIT OF POSSESSION OF PERSONAL PROPERTY: The fee for the Sheriff to levy and seize personal property under a writ of possession is $85. You must meet the Sheriff at the property location and take immediate possession of the property once the Sheriff has seized it from the judgment debtor. A writ of possession and a writ of execution require different actions. Both writs are issued on the same form.

PERSONAL PROPERTY LOCATED IN A PRIVATE PLACE: A court order directing the Sheriff to enter a private place is required for the Sheriff to seize personal property in a dwelling or secured business or yard.

OTHER PERSONAL PROPERTY: To levy on inventory or equipment of a going business, please see KEEPER LEVY HELP. For all other personal property levy, call the office at (510) 272-6910.

PROCESS SERVER:
You may search for process servers throughout Alameda County by using

• SBC Yellow Pages at http://www.smartpages.com/

• Yahoo Yellow Pages at http://yp.yahoo.com/

• Google Local http://local.google.com

REAL PROPERTY LEVY:
( Click here for "Instructions for Real Property Levy" form ) 
Levy requirements are covered in the Sheriff's instructions form shortcut above.

There are four basic types of real property levies:

 

1. Levy under a writ of execution on real property that contains a dwelling (as defined by CCP §704.710): This type of levy is governed by CCP §§704.720 through 704.850. The attorney for the judgment creditor or judgment creditor acting without an attorney must file an Application for Order for Sale of Dwelling with the Sheriff and the court within 25 days after the Sheriff mails out notice. Failure to file the application in the proper format and within the time allowed will result in the Sheriff releasing the real property levy. If the court determines that the real property contains a homestead, the minimum the Sheriff can sell the real property for is 90% of the fair market value. (CCP §704.800). Due to code requirements, the Sheriff may not sell the real property until five months after the levy.

 

2. Levy under writ of execution on real property that does not contain a dwelling (as defined by CCP §704.710): This type of levy is governed by CCP §§700.015 and 701.540. There is no requirement to obtain a court order to sell the property. Due to code requirements, the Sheriff may not sell the real property until five months after the levy.

 

3. Levy under writ of sale on real property. This type of levy requires a certified copy of the judgment for sale (CCP §716.010) to be delivered to the Sheriff along with the original writ. This type of levy is governed by the judgment order.

 

4. Levy under writ of attachment on real property creates a three-year lien on the real property. This type of levy is governed by CCP §488.315 and the property is not sold. If the writ is issued ex-parte, instructions must inform the Sheriff that the summons and complaint has been served or will be served by a process server, or the instructions must direct the Sheriff to serve the summons and complaint pursuant to CCP §488.020(c).

Time Line for Real Property Levy
Initially, the Sheriff, or Registered Process Server, records the levy, mails notice to debtor(s), serves the occupant of the real property or posts notice on real property, and mails a letter to attorney or creditor without attorney requesting additional information.

1. The following three steps (a, b, c) apply only if the real property contains a dwelling:

1. Within 25 days after the request letter is mailed by the Sheriff, the creditor must file a copy of the Application for Order for Sale of Dwelling with the court AND the Sheriff. The court date for the hearing on the application must not be more than 45 days after the application is filed. CCP 704.750
2. The creditor must arrange for the application for order for sale of dwelling to be served on the debtor and occupant no later than 30 days prior to the hearing. CCP 704.770
3. If the judgment debtor does not show up to the hearing on the application, a second chance notice must be served on the debtor. CCP 704.790
2. Lien Holders: The Sheriff requires a list of ALL lien holders that were of record the day the levy was recorded . The lien holder list may not be determined until 30 days after the date of levy (701.540(h). The Sheriff does not actually require the lien holder list until it is time to prepare a sale notice.
3. Sale Notice: The Sheriff cannot prepare a sale notice until 125 days after the notice of levy was mailed to the debtor. CCP 701.545

1. Postpone Sale: The Sheriff requires a signed stipulation between the judgment creditor and the judgment debtor to postpone the sale. The judgment debtor’s signature must be notarized. The creditor may cancel the sale at any time.
2. Sale: The judgment creditor may credit his or her judgment as a bid for the real property. (CCP 701.590)

WRIT OF EXECUTION LEVY:
Your writ will be rejected by the Sheriff if the interest on line 19(a) exceeds 10%. To properly calculate interest on your writ, take line 15 and multiply it by 0.10 then divide by 365. Do not set your calculator to round numbers up. Your writ of execution is a two sided form. If you have only one side to your writ, it is invalid. To levy under a writ of execution, the Sheriff requires the original writ of execution and 4 copies, and signed instructions describing the property to be levied upon, the method of levy, and the name and address where the levy is to be served.

This page last updated: April 06, 2008