ARTICLE 2. Writ of Possession [512.010. - 512.120.]
Article 2 added by Stats. 1973, Ch. 526.
§§ 512.010–512.120 · 12 sections
- § 512.010 (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written…
- § 512.020 (a) Except as otherwise provided in this section, no writ shall be issued under this chapter except after a hearing on a noticed motion. (b) A writ of…
- § 512.030 (a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy of the summons and…
- § 512.040 The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be…
- § 512.050 Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be…
- § 512.060 (a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the…
- § 512.070 If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such…
- § 512.080 The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located.…
- § 512.090 (a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to…
- § 512.100 Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the…
- § 512.110 The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to…
- § 512.120 If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the…