DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010. - 720.800.]

Division 4 added by Stats. 1982, Ch. 1364, Sec. 2.

§§ 720.010–720.800 · 47 sections

1. CHAPTER 1. Definitions §§ 720.010–720.030 · 3 sections

   • § 720.010 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
   • § 720.020 “Creditor” means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the…
   • § 720.030 “Debtor” means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the defendant.
2. CHAPTER 2. Third-Party Claims of Ownership and Possession §§ 720.110–720.170 · 7 sections

   • § 720.110 A third person claiming ownership or the right to possession of property may make a third-party claim under this chapter in any of the following cases if the…
   • § 720.120 A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the…
   • § 720.130 (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the third person and an address in this state…
   • § 720.140 (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail…
   • § 720.150 (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the…
   • § 720.160 (a) If the creditor files with the levying officer an undertaking that satisfies the requirements of this section within the time allowed under subdivision (b)…
   • § 720.170 (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with…
3. CHAPTER 3. Third-Party Claim of Security Interest or Lien §§ 720.210–720.290 · 9 sections

   • § 720.210 (a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ…
   • § 720.220 A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the…
   • § 720.230 (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the secured party or lienholder and an address…
   • § 720.240 (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail…
   • § 720.250 (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the…
   • § 720.260 (a) If the creditor within the time allowed under subdivision (b) of Section 720.240 either files with the levying officer an undertaking that satisfies the…
   • § 720.270 (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with…
   • § 720.280 At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the…
   • § 720.290 (a) If the levying officer receives a sufficient deposit from the creditor, the levying officer shall promptly tender or pay the deposit to the secured party…
4. CHAPTER 4. Hearing on Third-Party Claim §§ 720.310–720.430 · 13 sections

   • § 720.310 (a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.120 or 720.220, or 15 days after filing an…
   • § 720.320 (a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following: (1) Serve notice of the time and place of the…
   • § 720.330 Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court: (a) The…
   • § 720.340 If the creditor has not filed a statement with the levying officer pursuant to Section 720.280 in opposition to a third-party claim by a secured party: (a) In…
   • § 720.350 (a) Subject to the power of the court to permit an amendment in the interest of justice: (1) The third-party claim constitutes the pleading of the third…
   • § 720.360 At a hearing on a third-party claim, the third person has the burden of proof.
   • § 720.370 If the petition for a hearing was made by the third person, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of…
   • § 720.380 (a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining any transfer or…
   • § 720.390 At the conclusion of the hearing, the court shall give judgment determining the validity of the third-party claim and may order the disposition of the property…
   • § 720.400 No findings are required in proceedings under this chapter.
   • § 720.410 There is no right to a jury trial in a proceeding pursuant to this chapter.
   • § 720.420 An appeal may be taken from a judgment given pursuant to Section 720.390.
   • § 720.430 If property has been released pursuant to Section 720.170, 720.270, or 720.660, it may be levied upon or otherwise sought to be applied to the satisfaction of…
5. CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder §§ 720.510–720.550 · 5 sections

   • § 720.510 A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that has been levied…
   • § 720.520 (a) The creditor’s demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying…
   • § 720.530 The demand for a third-party claim served on a secured party or lienholder shall contain all of the following: (a) The name and address of the secured party or…
   • § 720.540 Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand…
   • § 720.550 (a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720. 210)…
6. CHAPTER 6. Third-Party Undertaking to Release Property §§ 720.610–720.660 · 6 sections

   • § 720.610 A third person may give an undertaking to release property pursuant to this chapter in the following cases: (a) Where the third person claims ownership or the…
   • § 720.620 The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking: (a) At the time the…
   • § 720.630 (a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person. (b) The…
   • § 720.640 (a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall serve a copy…
   • § 720.650 The third person’s undertaking becomes effective when the property described therein is released pursuant to this chapter.
   • § 720.660 The levying officer shall release the property described in the third person’s undertaking in the manner provided by Section 720.170 promptly after the…
7. CHAPTER 7. Undertakings §§ 720.710–720.800 · 4 sections

   • § 720.710 The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent…
   • § 720.760 A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer.
   • § 720.770 Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the…
   • § 720.800 If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the…