(a) If there are conflicting claims to all or a portion of the proceeds of sale or collection known to the levying officer before the proceeds are distributed, the levying officer may deposit with the court the proceeds that are the subject of the conflicting claims instead of distributing such proceeds under Section 701.810. Any interested person may apply on noticed motion for an order for the distribution of the proceeds deposited with the court. A copy of the notice of motion shall be served on such persons as the court shall by order determine in such manner as the court prescribes. Any interested person may request time for filing a response to the motion for an order for the distribution of the proceeds, for discovery proceedings in connection with the motion, or for other preparation for the hearing on the motion, and the court shall grant a continuance for a reasonable time for any of these purposes.
§ 701.830.Conflicting Claims; Motion For Order of Distribution
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 7. Distribution of Proceeds of Sale or Collection · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 701.830 lets the levying officer deposit disputed sale or collection proceeds with the court instead of distributing them, letting any interested person move for a distribution order, though the court must abate the motion for a civil action in certain jurisdictional or pending-litigation situations.
Full Text of § 701.830
(b) Except as provided in subdivision (c), at the hearing on the motion the court shall determine the issues presented by the motion and make an order for the distribution of the proceeds deposited with the court.
(c) The court shall not determine the issues presented by the motion and instead shall abate the hearing until the issues presented by the motion can be determined in a civil action in the following cases if:
(1) The court is not the proper court under any other provision of law for the trial of a civil action with respect to the subject matter of the motion and any interested person at or prior to the hearing objects to the determination of the issues presented by the motion by the court.
(2) A civil action is pending with respect to the subject matter of the motion and jurisdiction has been obtained in the court in which the civil action is pending.
(3) The court determines that the matter should be determined in a civil action.
Plain-English Summary
Not every distribution is uncontested. When the levying officer knows of conflicting claims to all or part of the proceeds before distributing them, § 701.830 lets the officer deposit the disputed portion with the court rather than paying it out under § 701.810. Any interested person can then move, on notice, for an order directing how those deposited proceeds should be distributed, with the court deciding who gets served and how. Anyone involved can also ask for time to respond, conduct discovery, or otherwise prepare, and the court has to grant a reasonable continuance for those purposes.
Ordinarily the court resolves the dispute right there at the hearing and issues a distribution order. But three situations push the matter into a full civil action instead: the court isn't the right venue for a civil action on the subject matter and an interested person objects to the court deciding the motion; a civil action already covering the same subject matter is pending in a court with jurisdiction; or the court decides on its own that the matter is better resolved that way. In any of those cases, the court abates the hearing until the civil action can sort out the underlying issues.
Frequently Asked Questions
What can a levying officer do when there are conflicting claims to sale proceeds?
Deposit the disputed proceeds with the court instead of distributing them under § 701.810.
How does an interested person get a ruling on how the deposited proceeds should go?
By filing a noticed motion for an order of distribution, with the court determining who must be served and how.
Can a party get more time to prepare for the distribution hearing?
Yes, the court must grant a reasonable continuance for filing a response, conducting discovery, or otherwise preparing.
When does the court decline to resolve the distribution dispute itself?
When it's not the proper venue for a civil action on the subject and someone objects, when a related civil action is already pending in a court with jurisdiction, or when the court decides the matter belongs in a civil action.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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
Also known as: conflicting claims proceeds distribution california