Civil Unit:

The Sheriff will serve a bank levy for a $40.00 fee unless the original certified court ordered fee waiver is attached. Signed instructions must be submitted in writing to the Sheriff with a Writ of Execution. Our office requires the original writ and five copies for each levy to be performed. If noted on the Notice of Levy 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 within 15 days after receiving the levy. If the bank fails to respond, it is up to the plaintiff to make inquires to the bank on why they have not responded 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 receives the Memorandum of Garnishee from the bank, it will be mailed to the plaintiff. If the bank determines that a safe deposit box is also under the levy, the Sheriff will send the plaintiff a letter required by California Code of Civil Procedures CCP § 700.150. Additional fees will be required to seize the contents of the safe deposit box.

To check on the status of a bankruptcy filing, please call the U.S. Bankruptcy Court's Voice Case Information System at 1-888-457-0604. A bankruptcy may stay all action by the Sheriff.

The following documents are required on a pre-judgment Writ of Possession - Claim and Delivery: the original writ and five copies, five copies of the Order for Writ of Possession, five copies 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 the location of the property. The fee for a Claim and Delivery on an automobile is $700.00. For fees associated wtih other personal property, please call 415-554-7235 and describe the property to be levied on.

If wages are garnished, the Defendant may file a Claim of Exemption (Wage Garnishment) form. The Claim of Exemption (Wage Garnishment) may be filed with the Sheriff's Department at any time during the period of the wage garnishment. Submit one original signed claim form along with one original signed financial statement and two copies of each document.

For all other enforcement of judgment actions, i.e., bank levy, automobile levy, property seizure; use the Claim of Exemption (Enforcement of Judgment) form. The Claim of Exemption (Enforcement of Judgment) must be filed with the Sheriff within 15 days of the date the levy was mailed. If the levy was personally served, the defendant has ten days from the date of service to file a Claim of Exemption (Enforcement of Judgment) 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).

The Sheriff will serve earnings withholding orders (wage garnishments) for a fee of $35.00 or a certified court ordered fee waiver. If the garnishment is for a federal or U.S. Postal Service employee. The plaintiff must submit the Application for Earnings Withholding form, stating the main payroll office's mailing address for federal employees, along with the original writ plus 5 copies of the original writ.

Evictions are usually completed on Wednesdays of each week. To complete an eviction, the Sheriff’s Department requires the original writ of possession, 5 copies of the writ and our required instruction form can be found here. The form 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's fee is $145.00.

Once the Sheriff receives the writ of possession, instructions, and fee deposit, the Sheriff will post a notice of eviction on the property as soon as possible. At least two days prior to the scheduled eviction date, the Sheriff will call to inform the plaintiff of the scheduled time for the eviction. The plaintiff or plaintiff’s representative and the plaintiff’s locksmith must be present at the scheduled time of eviction in order for the Sheriff to complete the eviction process. Tenants at risk of becoming homeless due to an eviction may call the Sheriff’s Department’s Eviction Assistance Unit at 415-554-7235 for information and referrals.

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 for an 8 hour period.

• The fee for the Sheriff to place a keeper in a business for 8 hours or less is $140.00

• The fee for the Sheriff to place a keeper for 48 consecutive hours is $1,400.00 (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 $100 fee. Occasionally, the judgment debtor may refuse to cooperate with the levy and may close the business for the day, in which case a keeper will not be placed. The keeper will remain outside for a while to ensure the business remains closed for the day and the creditor will be charged $240.

The fee to levy a motor vehicle is $700.00. Large trucks and other non-standard vehicles require a larger fee deposit. If the Department of Motor Vehicles lists a legal owner, the plaintiff 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 $3,050.00 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.

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.

The fee for the Sheriff to levy and seize personal property under a writ of possession is $100. Creditors 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.

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.

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 (415) 554-7235.

You may search for process servers throughout San Francisco County by using

• SBC Yellow Pages

• Yahoo Yellow Pages

• Google Local

A Real Property Levy form is available by clicking here. Requirements are covered in the Sheriff's instructions form.

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 levy 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 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 date of 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 date of 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).

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 attorneys or creditors without attorney requesting additional information.

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

  a. 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 with the court. CCP § 704.750

  b. 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

  c. 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. CCP § 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

  a. 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.

  b. Sale: The judgment creditor may credit his or her judgment as a bid for the real property. CCP 701.590

For additional information regarding real property levies, please contact the Sheriff's Civil Section at (415) 554-7235.

The Sheriff does not maintain an online list for Sheriff's sales. To receive a list of Sheriff’s sales please mail a request to:

San Francisco Sheriff’s Department
Civil Unit
1 Dr Carlton B. Goodlett Pl.
Rm. 456
San Francisco, CA 94102

The minimum payment due, as indicated on the chart below, must be paid to the Sheriff immediately upon the acceptance of the final bid and must be paid with either cash or a cashier's check made payable to Vicki Hennessy, Sheriff. The remaining balance of the amount bid, plus 10% daily interest, must be received by the Sheriff no later than ten days after the sale date. The Sheriff will not accept personal or business checks. Click Here to see "Terms and Conditions of Sheriff's Sales".

	Personal Property Sales	Minimum Amount Due at Sales	Real Property Sales	Minimum Amount Due at Sales
Amount of Bid	$2,500 or less	Full bid amount	$5,000 or less	Full bid amount
Amount of Bid	$2,501 to $25,000	$2,500	$5,000 to $50,000	$5,000
Amount of Bid	$2,501 or over	$50,001 or over	10% of amount bid

Personal property may be viewed approximately 20 minutes prior to the sale unless otherwise noted. To bid on personal property at a Sheriff's Sale, a bidder must have cash or certified check(s) payable to the Sheriff for the amount of his or her bid. For personal property sales, bids over $2,500 may be treated as credit bids by depositing $2,500.00 or 10% of the amount bid, whichever is greater, with the Sheriff.

For real property sales, bids over $5,000 may be treated as credit bids by depositing $5,000 or 10% of the amount bid, whichever is greater, with the Sheriff. Real property can be viewed at any time from the street. Real property sale notices are also published in the legal section of a local newspaper on three consecutive Wednesdays prior to the sale.

There is no Judicial Council form for filing a third party claim. A third party claim may be filed on pleading paper or on plain white paper. There are two types of third party claims, a Claim of Ownership or Possession when a third party claims ownership of the property claimed, or a Claim of Security Interest or Lien when a third party has a security interest in the property claimed. A third party may not file a third party claim of security interest on a real property levy. The Third Party Claim must contain the requirements outlined in California Code of Civil Procedures CCP § 720.130 and CCP § 720.230

• The third party must submit the original signed claim and two copies of the claim to the Sheriff.

The claim must include:

• The title of the case, i.e., Jones vs. Smith
• The court case number
• The Sheriff's file number (not a requirement but it helps speed up processing your claim)
• The name and address of the person making the claim (the address must be within California)

If the claim is for ownership, the third party must also include:

• The statement "This claim is for ownership of property pursuant to CCP § 720.110"
• A description of the property claimed
• A description of the interest claimed, including a statement of the facts upon which the claim is based
• An estimate of the market value of the interest claimed
• A copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court, in its discretion, may exclude from evidence any information not included in the original written claim. CCP § 720.130

At a hearing on the third-party claim, the court in its discretion may exclude from evidence any copy of a writing which was not attached to the third-party claim.

If the claim is for a security interest or lien, the third party must include:

• The statement "This claim is for a security interest or lien pursuant to CCP § 720.210"
• A description of the personal property in which a security interest or lien is claimed
• A detailed description of the security interest or lien claimed, including a statement of the facts upon which it is based
• A statement of the total amount of sums due or to accrue under the security interest or lien and the applicable rate of interest on amounts due
• A copy of the security agreement and any financing statement shall be attached to the third-party claim. In the case of a lien, a copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court at its discretion may exclude from evidence any copy of a writing which was not attached to the third-party claim. At a hearing on the third-party claim, the court, in its discretion, may exclude from evidence any information not included in the original written claim. CCP § 720.230
The third party claim must be signed under penalty of perjury (CCP § 2015.5)

• I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date ____________________________________ Signature ________________________________

To levy under a writ of attachment, the Sheriff requires the original writ of attachment and 5 copies, 5 copies of the right to attach order, 5 copies of the undertaking or bond, and signed instructions telling the Sheriff the type of levy, who to serve and the address for service. To levy on equipment of a going business pursuant to CCP § 488.375, you must provide the Sheriff with a completed AT-135 form. To levy on a vehicle, please complete the DMV Attachment lien form. A claim of exemption for a levy under a writ of attachment must be filed with the court pursuant to CCP § 482.100(c).

A writ will be rejected by the Sheriff if the interest on line 19(a) exceeds 10%. To properly calculate interest for a writ, take line 15 and multiply it by 0.10 then divide by 365. Do not set the calculator to round numbers up. The writ of execution is a two sided form. If only one side of the writ is completed, it is invalid. To levy under a writ of execution, the Sheriff requires the original Writ of Execution and 5 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.