A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of Title 9.
§ 488.110.Third-Party Claims
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 488.110 requires a third person who claims an interest in attached property to proceed through the third-party claim procedure in Division 4 of Title 9, beginning at § 720.010, rather than through any separate mechanism.
Full Text of § 488.110
Plain-English Summary
Attachment sometimes catches property that a third person, not the defendant, owns or has an interest in. Section 488.110 does not create a separate procedure for that dispute; it routes the claimant into the existing third-party claim procedure that also governs execution levies, found in Division 4 of Title 9 starting at § 720.010. That keeps a single, uniform claim procedure across both attachment and execution rather than maintaining parallel tracks.
Frequently Asked Questions
What does someone do if their own property was mistakenly levied on under someone else's writ of attachment?
Section 488.110 directs them to the third-party claim procedure in Division 4 (commencing with § 720.010) of Title 9, the same procedure used for execution levies.
Is there a separate third-party claim process just for attachments?
No. Section 488.110 incorporates the existing Title 9 third-party claim procedure rather than creating a distinct one for attachment.
Amendment History
Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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