CPC Section 62 — Seizure of property in dwelling-house
Civil
Summary
A person carrying out a court order to seize movable property cannot enter a home between sunset and sunrise. The outer door of a home cannot be broken open unless the person who owes the money lives there and refuses or blocks entry. Once inside, the person may break open the door of any room where they believe the property is kept. If a room is occupied by a woman who, by local custom, does not appear in public, the person must first tell her she may leave, wait a reasonable time for her to withdraw, and give her a way to do so before entering the room to seize the property, while taking care to prevent it from being secretly removed.
Official Text
(I) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.