§ 720.110.Cases In Which Claim Allowed

This section opens the third-party claim procedure — the protection this batch's remaining sections build out for someone who isn't the debtor but whose property gets caught up in someone else's enforcement action. The core requirement is that the third person's claimed interest, whether ownership or a right to possession, has to be superior to the creditor's lien on the property. A claim that's junior to the lien doesn't qualify for this procedure.

Eligibility then depends on what kind of property was levied on and under what writ. Real property qualifies when it's been levied under a writ of attachment or a writ of execution. Personal property has a broader reach: it qualifies when levied under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale — covering both the enforcement writs this batch's earlier sections describe and the provisional remedies used before judgment.