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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

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. 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

    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:

    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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. 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.