Protect Business Equipment Eviction

Summary

In California, landlords must provide written notice before seizing property. To protect your business equipment, file a Claim of Right to Possession (Form CP10.5) with the court, attaching proof of ownership like receipts or invoices. This form notifies the court of your ownership claim, potentially delaying or preventing the seizure of your equipment. Ensure the sheriff is aware of your claim, as this can impact the enforcement of the writ of possession. Consider seeking legal advice for personalized guidance on completing and submitting the form.

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My business is being evicted and in court judgment was made but I pay back rent within 7 days and can stay there a little bit longer. There was also a writ of possession. For my understanding they can still possess my equipment from my workplace after 7 days if the owner of the property believes that the equipment is his. How can I protect myself from that happening
Hi ****! To protect your equipment, make sure you:
- Have clear documentation proving ownership of the equipment (receipts, invoices, etc.).
- Notify the court and the landlord in writing, providing proof of ownership.
- Request a stay of execution from the court to delay the writ of possession.
What state are you located in? This can help provide more specific guidance.
California
Hi ****! Since you mentioned you're in California, you should know that:
- California law requires landlords to provide a written notice before seizing property.
- Make sure to file a Claim of Right to Possession (Form CP10.*) with the court to assert your ownership.
Do you need more details on how to file this form?
So I need to possess receipts? And how will this form protect me
Yes, possessing receipts or any documentation proving ownership is critical. The Claim of Right to Possession (Form CP10.*) helps in notifying the court that the property belongs to you, not the landlord. This can delay or prevent the seizure of your equipment.
Would you like details on how to file this form?
Yes
Hi ****! To file the Claim of Right to Possession (Form CP10.*) in California, follow these steps:
- Obtain the form from the California Courts website or your local court.
- Complete the form, detailing your ownership and attaching proof (receipts, invoices).
- Submit the form to the court handling your eviction case.
Would you like more guidance on filling out the form or submitting it?
Once I file this form what happens when the sheriff shows up to my door to possess my equipment
Once you file the Claim of Right to Possession (Form CP10.*) and submit it to the court:
- The sheriff should be notified of your claim.
- The seizure of your equipment may be delayed while the claim is reviewed.
- The court will determine if your claim is valid, potentially preventing the seizure.
Do you need any more specific details about the process or next steps?