What forms do i need to gain possession of my property, i went to court and we came to an agreement that the tenant were to pay

Asked almost 2 years ago - Long Beach, CA

by feb 5 2013 all in full but she didn't now i need to do a writ of execution how do i do this

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is unclear from your post whether your "agreement" with the tenant was memorialzed in a writing such as a Stipulation and Judgment, or a Stipulation for Entry of Judgment, such as

    http://www.courts.ca.gov/documents/ud115.pdf

    If yes, then you would proceed to seek entry of judgment, and then obtain a writ of possession.

    If not, you may need to get the unlawful detainer case set for trial using UD150:

    http://www.courts.ca.gov/documents/ud150.pdf

    There really isn't enough information in your post to advise you what you need to do.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Bruce Robert Menke

    Contributor Level 2

    2

    Lawyers agree

    Answered . It depends on the content of your agreement and whether it is a judgment. If the agreement only provides for payment, then it will not support the recovery of possession. If it is a judgment and it includes a judgment for possession, you can than pursue the issuance of a writ of possession through the clerk's office and then pursue the lockout through the Sheriff's office.

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