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Lucy, Esq.
Lucy, Esq., Attorney
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Can a writ of possession "CODE OF CIVIL PROCEDURE SECTION

Customer Question

can a writ of possession "CODE OF CIVIL PROCEDURE SECTION 512.010-512.120 " be issued in california for property that is not located in california? My property was taken from me after entrusted in false pretenses, to a musician who is traveling around the country. my business is in california, the contract was made in chicago, the equipment was taken in cleveland, under pretense that it would be used in contract again, but then contract was broken in september, and equipment not returned. it has been traveling around the USA with the artist since. it has passed in and out of california more than once. my business is in california, and one of the defendants/thieves lives in california. the other defendants live in chicago and connecticut, and new york. What is the best way to get a court order to release property that will allow police assistance on private property? i can predict the property location according to the tour schedule of the musician.
Submitted: 5 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A California court can issue a writ of possession if the California court has jurisdiction over the defendants, such as because they committed a wrong in California. The problem is, the writ isn't enforceable in another state until you file it with that state's courts and ask them to issue a new writ for the current state. If they're only in each state for a day or two, that's difficult, because it usually takes more than a couple of days to file the writ and get an order back from the second court. It is possible, just know that it could take time unless he's going to stay in a given state for a while. You'll need an order from the judge in the current state before police will help you pick up the property.

The other options are to place a lien on property the defendants own that is currently located in California, since they live there; place a lien on their bank accounts for the value of the property (if you have a monetary judgment); or get the writ and serve it on them once they return to California.

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Expert:  Lucy, Esq. replied 5 months ago.

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