SECTIONS 720.110-720.170 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 720.110-720.170

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 interest claimed is
superior to the creditor's lien on the property:
(a) Where real property has been levied upon under a writ of
attachment or a writ of execution.
(b) 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 of sale.

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 property but before the
levying officer does any of the following:
(a) Sells the property.
(b) Delivers possession of the property to the creditor.
(c) Pays proceeds of collection to the creditor.

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
where service by mail may be made on the third person.
(2) A description of the property in which an interest is claimed.
(3) A description of the interest claimed, including a statement
of the facts upon which the claim is based.
(4) An estimate of the market value of the interest claimed.
(b) A copy of any writing upon which the claim is based shall be
attached to the third-party claim. At a hearing on the third-party
claim, the court in its discretion may exclude from evidence any
writing a copy of which was not attached to the third-party claim.

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 on the creditor:
(1) A copy of the third-party claim.
(2) A statement whether the third person has filed an undertaking
to release the property pursuant to Chapter 6 (commencing with
Section 720.610).
(3) If the third person has filed an undertaking to release the
property, a notice that the property will be released unless, within
the time allowed as specified in the notice, the creditor objects to
the undertaking.
(4) If the third person has not filed an undertaking to release
the property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor
files with the levying officer an undertaking that satisfies the
requirements of Section 720.160.
(b) The time allowed the creditor for objecting to the third
person's undertaking to release the property or for filing an
undertaking is 10 days after service under subdivision (a).
(c) Within the time allowed for service on the creditor under
subdivision (a), the levying officer shall serve a copy of the papers
specified in subdivision (a) on the debtor. Service shall be made
personally or by mail.
(d) The levying officer may serve the copy of the third-party
claim and the statement and notice pursuant to this section
notwithstanding any defect, informality, or insufficiency of the
claim.

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 property in which an interest
is claimed:
(1) Sell the property.
(2) Deliver possession of the property to the creditor.
(3) Pay proceeds of collection to the creditor.
(b) The interest of the third person in the property levied upon
is not affected by the third person's failure to file a third-party
claim under this chapter.

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) of Section 720.140:
(1) The levying officer shall execute the writ in the manner
provided by law unless the third person files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims of the third person for
which the creditor has given the undertaking.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of ten thousand dollars ($10,000), or twice the amount of the
execution lien as of the date of levy or other enforcement lien as of
the date it was created, whichever is the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:
(1) Be made in favor of the third person.
(2) Indemnify the third person against any loss, liability,
damages, costs, and attorney's fees, incurred by reason of the
enforcement proceedings.
(3) Be conditioned on a final judgment that the third person owns
or has the right of possession of the property.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.

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 Section 720.610), if the creditor does
not within the time allowed under subdivision (b) of Section 720.140
file with the levying officer an undertaking (or file a notice if the
creditor is a public entity) that satisfies the requirements of
Section 720.160, the levying officer shall release the property
unless it is to be held under another lien or unless otherwise
ordered by the court.
(b) Except as otherwise provided in this section, release is
governed by Section 699.060.
(c) If personal property that has been taken into custody is to be
released to the debtor pursuant to Section 699.060 and the debtor
has not claimed the property within 10 days after notice was served
pursuant to Section 699.060, the levying officer shall release the
property to the third person making the claim.
(d) A hearing may be had on the third-party claim pursuant to
Chapter 4 (commencing with Section 720.310) notwithstanding the
release of the property pursuant to this section.