A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the property but before the levying officer does any of the following:
§ 720.120.Time For Filing Claim
Title 9. Enforcement of Judgments · Division 4 · Chapter 2. Third-Party Claims of Ownership and Possession · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.120 requires a third-party claim to be filed with the levying officer, with two copies, after the levy occurs but before the officer sells the property, delivers possession to the creditor, or pays collection proceeds to the creditor.
Full Text of § 720.120
(a) Sells the property.
(b) Delivers possession of the property to the creditor.
(c) Pays proceeds of collection to the creditor.
Plain-English Summary
Timing is everything for a third-party claim, and this section sets the window. The claim — filed along with two copies — has to come after the levy has already occurred, since there's nothing to claim against before that. But it also has to beat whatever the levying officer does next: selling the property, delivering possession to the creditor, or paying over collection proceeds. Once any of those happens, this particular window closes.
That timing requirement is what makes the rest of the chapter's freeze mechanism in § 720.150 work — a claim filed inside the window stops the officer from taking those same three actions until the creditor responds under §§ 720.140 and 720.160.
Frequently Asked Questions
When must a third-party claim be filed?
After the levy on the property but before the levying officer sells it, delivers possession to the creditor, or pays collection proceeds to the creditor.
How many copies does the claim require?
The claim itself plus two copies, all filed with the levying officer.
What happens if the officer already sold the property before the claim was filed?
Filing after any of the three listed events falls outside this section's window, since the property has already moved beyond the levying officer's control.
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: deadline to file third party claim california