Cal. Civ. Code § 250.504
Return by Constable or Sheriff
Operative Text
The writ server, constable or sheriff shall make return of the writ of possession to the justice of the peace within ten days after receiving the writ. The return shall show: (1) the date, time, place and manner of service of the writ; (2) if the writ was satisfied by the payment of rent due or in arrears and costs by or on behalf of the tenant, the amount of that payment and its distribution; (3) the time and date of any forcible entry and ejectment, or that no entry for the purpose of ejectment had been made; and (4) his expenses and fees, which expenses and fees shall have been paid by the tenant or, if paid by the landlord, reimbursed to the landlord by the tenant in order to satisfy the writ. (504 added July 6, 1995, P.L.261, No.36) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Under 68 P.S. § 250.504, the officer who serves a writ of possession — whether a constable, sheriff, or other writ server — must file a formal return with the magisterial district judge within ten days of receiving the writ. That return must document key details: when, where, and how the writ was served; whether the tenant satisfied the writ by paying overdue rent and costs; whether a forcible entry and ejectment actually occurred; and what fees and expenses the officer incurred. The provision also establishes that those officer fees and expenses are ultimately the tenant's financial responsibility, either paid directly or reimbursed to the landlord.
Plain English — not legal advice.
Under 68 P.S. § 250.504, a landlord who has obtained a writ of possession should be aware that the serving officer is legally required to document and report the outcome of that writ to the magisterial district judge within ten days. If the landlord advances the officer's fees and expenses, the provision contemplates that those costs are to be reimbursed by the tenant as a condition of satisfying the writ. Compliant landlords generally keep records of any payments made on behalf of the writ process so that reimbursement amounts can be clearly accounted for.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
68 P.S. § 250.504 requires that the officer serving a writ of possession file a detailed return with the magisterial district judge, which creates an official record of how and when the writ was executed. If a tenant pays overdue rent and costs to satisfy the writ before ejectment occurs, that payment and its distribution must be documented in the return — giving tenants a basis to verify that their payment was properly recorded. Tenants who believe the writ process was not followed correctly, or who have questions about fees charged, may consider reviewing the filed return at the magisterial district court, consulting a tenant-rights organization, or exploring whether any procedural deficiency can be raised as part of the court proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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