Can a Writ of Possession be served by a process server instead of a sheriff?

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Can a Writ of Possession be served by a process server instead of a sheriff?

Asked on March 11, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It is really best to check this information with someone in your area familiar with the procedural law, as it differs from state to state.  But as far as I can see from the requirements in California, a Writ of Possession that is issued by the Court is pretty specific in that it is issued giving the Sheriff the right to eject the tenant should they not move within the designated time after service .  If you do not want to ask an attorney then the best source of free information ever ar the clerks of the courts.  They can not offer you legal advice but they can give guidance and they will answer questions especially for pro se litigants.  Good luck to you. 


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