Within five days after receiving a copy of the statement provided for in the next preceding section, either the plaintiff or the defendant in the action in which the writ issued may file with the officer a sworn statement denying that any part of such claim is due for services rendered within ninety days next preceding the levy of the writ, or denying that any part of such claim, beyond a sum specified, is so due. Such sworn statement can not be made on information and belief unless the party swearing to same has actual information and belief that the wage claim, or the portion thereof that is contested, is not justly due, and in such case the nature and source of the information must be given. If a part of the claim is admitted to be due, and the claimant nevertheless files a petition for hearing and the court does not allow more than the amount so admitted, he can not recover costs but the costs must be adjudged against him, and the amount thereof deducted from the sum found due him.
§ 1207.Sworn Statement Denying that Claim Due
Title 4. Of the Enforcement of Liens · Chapter 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts · Last amended 1935 · Last verified July 29, 2026
In one sentenceSection 1207 gives the plaintiff or defendant five days after receiving a § 1206 wage claim statement to file a sworn statement disputing that the claimed work was performed within the preceding 90 days, and penalizes a claimant who insists on a hearing but recovers no more than what was already admitted.
Full Text of § 1207
Plain-English Summary
This is the dispute mechanism § 1206 refers to. Within five days of receiving a copy of a preferred labor claim statement, either the plaintiff or the defendant in the underlying action can file a sworn statement with the officer denying that some or all of the claim is due for services rendered in the 90 days before the levy.
That denial can't rest on information and belief unless the person swearing to it truly has information and belief that the claim, or the disputed part of it, isn't justly due — and if so, the statement has to explain the nature and source of that information. There's a cost consequence built in for claimants who push too hard: if part of the claim is admitted and the claimant still petitions for a hearing but the court doesn't award more than what was already admitted, the claimant can't recover costs. Instead, costs are charged against the claimant and deducted from the amount ultimately found due.
Frequently Asked Questions
How much time does a party have to dispute a preferred labor claim?
Five days after receiving a copy of the claim statement provided for in § 1206.
Can someone dispute a wage claim just on a guess?
No. A denial based on information and belief requires the person to truly hold that information and belief, and the statement must give the nature and source of it.
What happens if I dispute part of a claim, admit the rest, and the claimant still demands a hearing?
If the court doesn't award the claimant more than what was already admitted, the claimant can't recover costs -- costs are instead charged against the claimant and deducted from the amount found due.
Amendment History
Amended by Stats. 1935, Ch. 557.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: disputing preferred labor claim californiasworn statement denying wage claim