Writ of Replevin in California: Bond, Hearing, and Seizure

A writ of replevin in California is called a writ of possession, issued through a court procedure known as claim and delivery. You file a lawsuit against whoever is holding your personal property, submit a sworn application describing the property and your right to it, post a bond, and if the judge agrees at a hearing, the court orders the sheriff to seize the property and return it to you while the lawsuit continues. It is a provisional remedy, meaning you can get the property back before the case is finally decided, which keeps the other side from selling, hiding, or damaging it in the meantime.

What You Have to Prove

Two things. First, that you have the right to possess the property right now. Second, that the person holding it has no legal justification for keeping it. The remedy only reaches personal property — vehicles, equipment, inventory, electronics, and similar physical items. Real estate is handled through different procedures.

Under California Code of Civil Procedure Section 512.010, your sworn application has to describe how the defendant came to possess the property and why you believe they are holding it without authorization.¹ If your claim rests on a written agreement such as a lease, loan contract, or conditional sale, attach a copy. You also have to state that the property hasn’t been seized for unpaid taxes or under a court execution against you, either of which would disqualify this remedy.

Documents and Forms You Need

Before filing, pull together a detailed description of the property with any serial numbers, make, model, color, or other identifying features. You need its estimated current market value and its physical location. If the property is inside a residence, garage, or other enclosed space, you have to show probable cause that it is actually there, because the sheriff cannot enter a private location without specific court authorization.²

The core form is the Application for Writ of Possession, Judicial Council Form CD-100, available on the California Courts website.³ You describe the property, state its value, and explain the basis for your claim. If you want immediate seizure without notice to the defendant, you also file the Declaration for Ex Parte Writ of Possession, Form CD-180. The application must be signed under oath, and separate affidavits can supplement it where helpful.¹

The Bond You Have to Post

The court will not issue the writ until you post an undertaking. This bond protects the defendant: if the seizure later turns out to be wrongful, the money is there to cover their losses and any judgment against you.

The amount is at least twice the value of the defendant’s interest in the property. The defendant’s interest means market value minus whatever the defendant owes against it, including outstanding loan balances, security interests, and liens.⁴ Say you want to recover a vehicle worth $20,000 and the defendant still owes $15,000 on it. The defendant’s interest is $5,000, and your bond would need to be at least $10,000.

If the defendant has no interest in the property at all, such as a lessee with no equity in leased equipment, the court will waive the bond.⁴ Most people buy the bond through a surety company; premiums typically run between 1% and 10% of the bond amount depending on your credit and the surety’s risk assessment.

What It Costs to File

The filing fee for the underlying lawsuit depends on how much the property is worth. As of January 1, 2026, California Superior Court filing fees are:

Property value up to $10,000 (limited civil): $225
Property value $10,001 to $35,000 (limited civil): $370
Property value over $35,000 (unlimited civil): $435

Issuing the writ of possession itself costs an additional $40.⁵ Riverside, San Bernardino, and San Francisco counties may charge slightly more due to local courthouse-construction surcharges. On top of court fees, you pay the sheriff’s department a service fee when you hand them the writ, plus the surety premium for your bond.

The Hearing

The standard path is a noticed hearing. After filing, you serve the defendant with the summons and complaint, the application, any supporting affidavits, and a notice of hearing.⁶ If the defendant hasn’t yet appeared in the case, service follows the same rules as serving a summons, typically personal service.

At the hearing, the judge decides whether you have shown the probable validity of your claim and met the statutory requirements. If so, the court signs the order for issuance of the writ. The judge can also directly order the defendant to turn over the property and warn that refusal may be treated as contempt.⁷

When You Can Skip Notice (Ex Parte)

In narrow circumstances, the court can issue the writ without notifying the defendant first. The bar is higher than most people assume. An ex parte writ requires probable cause that one of these specific conditions exists:

The defendant obtained the property through a felonious taking — actual theft. Fraud, false pretenses, and embezzlement do not qualify.
The property is a credit card.
The defendant obtained the property in the course of business, it is not necessary to support the defendant’s family, there is immediate danger it will be transferred out of state or destroyed, and an ex parte writ is necessary to protect it.

A general worry that the defendant might sell the property is not enough on its own. If the court does grant an ex parte writ, the defendant still receives the summons, complaint, application, and a notice of rights afterward, and can file a motion to quash the writ and recover the property. The court may stay delivery to you while that motion is pending.⁸

Temporary Restraining Order While You Wait

If you are worried the defendant will move or damage the property before the hearing, you can ask for a temporary restraining order as part of your application. A TRO can bar the defendant from transferring, encumbering, or disposing of the property until the court rules on the writ. The same bond requirement under Section 515.010 applies, so the court will not issue the TRO until your undertaking is on file.⁴

Getting the Sheriff to Seize the Property

You cannot grab the property yourself. Once the court issues the writ, you deliver it, a copy of your undertaking, and the service fee to the sheriff’s department in the county where the property is located. Only the sheriff (or marshal, in some counties) has the authority to carry out the seizure.

The sheriff will locate the property and take custody of it, either by removing it to storage or placing a keeper in charge. If the property is being used as a dwelling, such as a mobile home or boat, the sheriff installs a keeper for two days before removing occupants and taking exclusive possession.² At the time of seizure, the sheriff hands the person in possession copies of the writ, your undertaking, and the court’s order.

The sheriff then holds the property for roughly 10 days to give the defendant time to file a redelivery bond. If no bond is posted in that window, the sheriff releases the property to you. The writ itself must be served and returned to the court within 60 days of issuance, so if the property is hard to find, timing matters.

One trap catches many filers. If the property is inside a private residence or other enclosed space and the occupant refuses to surrender it, the sheriff can force entry only when the writ or a separate court order specifically authorizes access to that private location.² If your application didn’t address this, the sheriff will leave and you will have to return to court. Identify every private location where the property might be in your original application and establish probable cause that it is there.

What the Defendant Can Do to Fight Back

The defendant is not powerless. The most direct response is a redelivery bond. It must equal the amount of your undertaking, and the defendant can file it before or after seizure.⁹ If the defendant posts the bond and you don’t object, the sheriff must return the property to the defendant, or you must return it if it is already in your hands. The redelivery bond guarantees that if you win the lawsuit, the defendant will cover your costs and any damages from being out of possession.

Either side can also challenge the other’s bond. You have 10 days after the defendant files a redelivery bond to object; the defendant has 10 days after the sheriff levies the writ to object to your undertaking. If a bond is found insufficient and a replacement isn’t filed in time, the property goes to the other party.¹⁰

Where the writ was issued ex parte, the defendant can move to quash it. If the court agrees you were not entitled to the writ, it will order the property returned and award the defendant any damages caused by the seizure.⁸ That is the real risk of an aggressive ex parte filing: if the court later disagrees, you pay for whatever harm the defendant suffered.

If the Defendant Files for Bankruptcy

A bankruptcy filing stops this process cold. Filing a bankruptcy petition triggers an automatic stay under federal law, which immediately halts most collection and enforcement actions, including seizure of property of the bankruptcy estate.¹¹ If you already have the writ but the defendant files bankruptcy before the sheriff executes it, you generally cannot proceed.

To resume, you file a motion for relief from the automatic stay in the bankruptcy court. The judge may grant it if the defendant has missed payments on a secured debt, the property is losing value without adequate protection for you as creditor, or the defendant has no equity in the property and it isn’t needed for a reorganization plan.¹² Proceeding with seizure in violation of the stay can expose you to sanctions and liability, so if you learn of a bankruptcy filing at any stage, stop and consult a bankruptcy attorney.

After You Get the Property Back

Getting the property does not end the lawsuit. The writ is provisional. It settles who holds the property while the case is pending, but the underlying dispute over ownership or right to possession still has to be resolved at trial or by settlement. If you lose, you will be ordered to return the property, and the defendant can recover against your bond for losses suffered during your possession.

Keep the property in good condition while you have it. You are effectively holding it subject to the court’s final decision, and any damage or depreciation under your watch could increase your liability if the ruling goes against you. Document the condition thoroughly when you receive it from the sheriff. Timestamped photographs are the simplest protection.

1
California Legislative Information. California Code of Civil Procedure 512.010
2
Justia Law. California Code of Civil Procedure 514.010-514.050
3
Judicial Council of California. California Judicial Council Form CD-100 – Application for Writ of Possession
4
California Legislative Information. California Code of Civil Procedure 515.010
5
Judicial Branch of California. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
6
California Legislative Information. California Code of Civil Procedure 512.030
7
California Legislative Information. California Code of Civil Procedure 512.070
8
California Legislative Information. California Code of Civil Procedure 512.020
9
California Legislative Information. California Code of Civil Procedure 515.020
10
Justia Law. California Code of Civil Procedure 515.010-515.030
11
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
12
Central District of California United States Bankruptcy Court. Automatic Stay, What Is It and Does It Protect a Debtor From All Creditors