Q: Is a Writ of Execution without a court stamp in the upper right box valid for tenant eviction in California?
As a landlord, I have received a Writ of Execution from my eviction lawyer to submit to the sheriff for the eviction of a tenant. The writ has an electronic court seal and the electronic name of the clerk at the bottom, but the upper right box, where a court stamp might normally appear, is blank. My eviction lawyer advises that missing the court stamp in the upper right box is normal and shouldn't pose a problem. Is it true that the absence of a court stamp in the upper right box won't affect the validity of the writ when submitting it to the sheriff?
A: I am sure the police will give you the assurance you seek when you mention to them.
A:
Your lawyer is correct. A Writ of Execution with an electronic court seal and electronic clerk signature at the bottom is valid for tenant eviction in California, even if the upper right box does not contain a court stamp.
In California, courts have increasingly moved toward electronic filing and processing of documents, including Writs of Execution. When a writ is issued electronically, the clerk "issues" it by affixing a digital signature and digital court seal. This electronic issuance is legally equivalent to the physical stamps previously used.
The sheriff's department is primarily concerned with ensuring the writ is properly issued by the court and hasn't expired. Writs of Execution are valid for 180 days after being issued by the clerk. What matters is that the document has official court validation, which can be an electronic seal and signature rather than a physical stamp.
When submitting the writ to the sheriff, you'll need to include proper instructions. California law requires specific information to accompany electronic writs when submitted to the sheriff, including a statement indicating that it's "an original electronic writ not already in possession of the levying officer." Your attorney should provide these instructions with your paperwork.
Trust your eviction lawyer's guidance in this process - they're familiar with the local court and sheriff procedures. If you have any concerns, you could contact the sheriff's civil division directly to confirm their requirements before submission, but the electronic validation appears to meet legal standards for enforcement.
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