Cd 120 Form

What is the CD 120?

The CD 120 form, also known as the California Order Writ of Possession, is a legal document used primarily in California to facilitate the enforcement of a judgment. This form is typically utilized in eviction proceedings, allowing a landlord to regain possession of a rental property after a court has ruled in their favor. The CD 120 serves as a directive to law enforcement to remove tenants or occupants from the premises, ensuring that the property is returned to the rightful owner.

How to Use the CD 120

Using the CD 120 form involves several steps to ensure that it is filled out correctly and submitted in accordance with California law. First, the form must be completed with accurate details, including the names of the parties involved, the case number, and specific information about the property in question. After completing the form, it must be filed with the appropriate court. Once filed, the court will issue the writ, which can then be presented to law enforcement for execution. It is important to follow all local regulations and procedures to ensure the process is legally binding.

Steps to Complete the CD 120

Completing the CD 120 form requires careful attention to detail. Here are the essential steps:

1. Obtain the CD 120 form from the court or an authorized source.
2. Fill in the required information, including the names of the landlord and tenant, the case number, and the address of the property.
3. Review the form for accuracy and completeness to avoid delays.
4. File the completed form with the appropriate court and pay any required filing fees.
5. Once the court processes the form, obtain a copy of the issued writ.
6. Present the writ to local law enforcement for enforcement.

Legal Use of the CD 120

The CD 120 form is legally binding when completed and processed according to California law. It is essential to ensure that all information is accurate and that the form is filed in the correct jurisdiction. Misuse of the form or failure to follow legal procedures can result in delays or legal repercussions. The CD 120 is designed to protect the rights of property owners while also adhering to tenant rights under California law.

Key Elements of the CD 120

Several key elements must be included in the CD 120 form to ensure its validity:

• Case Number: This identifies the specific legal case related to the eviction.
• Parties Involved: Names and addresses of both the landlord and tenant.
• Property Address: The exact location of the property subject to the writ.
• Judgment Details: Information regarding the judgment that authorized the issuance of the writ.
• Signature: The form must be signed by the appropriate court official to be valid.

Who Issues the Form

The CD 120 form is issued by the California court system. After a landlord has obtained a judgment in their favor regarding an eviction, they can request the issuance of the CD 120 from the court where the case was heard. It is crucial for landlords to ensure that they have completed all necessary legal steps before requesting this form to avoid complications in the eviction process.