Chapter 4 - Hearing on Third-Party Claim

California Code of Civil Procedure — §§ 720.310-720.430

Sections (13)

Amended by Stats. 1986, Ch. 672, Sec. 1.

(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 undertaking pursuant to Section 720.610, either the creditor or the third person may petition the court for a hearing to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the claim.

(b)The hearing may be held whether or not an undertaking has been filed but not if a deposit has been made pursuant to Section 720.260.

(c)The hearing shall be held within 20 days after the filing of the petition unless continued by the court for good cause shown.

§ 720.320

Amended by Stats. 1989, Ch. 693, Sec. 4.

(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 hearing on the creditor or the third person (whichever person is not the petitioner) and on the debtor. Service shall be made personally or by mail.

(2)File a copy of the notice of hearing with the levying officer.

(b)The notice of the hearing shall include a statement that the

purpose of the hearing is to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the third-party claim.

§ 720.330

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 third-party claim that was filed with the levying officer pursuant to Section 720.120 or 720.220.

(b)Any statement filed by the creditor with the levying officer pursuant to Section 720.280 in opposition to the third-party claim of a secured party.

(c)Any undertaking of the creditor filed with the levying

officer pursuant to Section 720.160 or Section 720.260.

(d)Any undertaking to release filed by a third person pursuant to Chapter 6 (commencing with section 720.610).

(e)Any notice filed by a public entity pursuant to Section 720.160 or 720.260.

§ 720.340

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 a case where the creditor petitions for a hearing on the third-party claim, the creditor shall file the statement with the court at the time the petition is filed and shall serve a copy thereof on the secured party with notice of the hearing served pursuant to Section 720.320.

(b)In a case where the secured party has petitioned for a hearing on the third-party claim,

the creditor shall file the statement with the court and serve a copy of the statement on the secured party not later than five days before the date set for the hearing. Service shall be made personally or by mail.

§ 720.350

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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 person.

(2)In the case of a third-party claim by a secured party, the creditor’s statement constitutes the pleading of the creditor.

(b)A third-party claim of ownership, right to possession, or a lien, shall be deemed controverted by the creditor.

§ 720.360

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

At a hearing on a third-party claim, the third person has the burden of proof.

§ 720.370

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 the creditor. If the petition for a hearing was made by the creditor, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of the third person.

§ 720.380

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

(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 other disposition of the property levied upon under a writ until proceedings for the determination of the rights of a third person can be commenced and prosecuted to termination and may require such undertaking as it considers necessary as a condition for making the order.

(b)After the filing of a third-party claim, notwithstanding Sections 720.160 and 720.260, the creditor, the debtor, or the third person may

apply to the court for an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property until proceedings under this article can be commenced and prosecuted to termination. The application shall be made on noticed motion if the court so directs or a court rule otherwise so requires. Otherwise, the application may be made ex parte.

(c)An order made pursuant to this section may be modified or vacated by the court at any time prior to the termination of the proceedings upon such terms as are just.

§ 720.390

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 or its proceeds in accordance with the respective interests of the parties. Subject to Section 720.420, the judgment is conclusive between the parties to the proceeding.

§ 720.400

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

No findings are required in proceedings under this chapter.

§ 720.410

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

There is no right to a jury trial in a proceeding pursuant to this chapter.

§ 720.420

Amended by Stats. 1998, Ch. 931, Sec. 98. Effective September 28, 1998.

An appeal may be taken from a judgment given pursuant to Section 720.390.

§ 720.430

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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 the judgment only if it is determined in the hearing on the third-party claim that the debtor has an interest in the property that may be levied upon or otherwise applied to the satisfaction of the judgment.