§ 720.130.Information Required In Claim; Copy of Writing Upon Which Claim Based Attached
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 720.130 requires a third-party claim to be sworn and to state the claimant's name and address, a description of the property and the claimed interest with supporting facts, and a value estimate, with any supporting writing attached or subject to exclusion at a later hearing.
(a)The third-party claim shall be executed under oath and shall contain all of the following:
(1)The name of the third person and an address in this state where service by mail may be made on the third person.
(2)A description of the property in which an interest is claimed.
(3)A description of the interest claimed, including a statement of the facts upon which the claim is based.
(4)An estimate of the market value of the interest claimed.
(b)A copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court in its discretion may exclude from evidence any writing a copy of which was not attached to the third-party claim.
Plain-English Summary
A third-party claim isn't a bare assertion — it has to be executed under oath and lay out specifics. It needs the claimant's name and a California address for service by mail, a description of the property at issue, a description of the interest claimed along with the facts supporting it, and an estimate of the interest's market value.
If the claim rests on a written document — a bill of sale, a security agreement, anything of that kind — a copy has to be attached to the claim itself. That's not just good practice; § 720.130(b) lets the court exclude from evidence, at a later hearing on the claim, any writing that wasn't attached when the claim was filed.
Frequently Asked Questions
What must a third-party claim include?
The claimant's name and a California address for mail service, a description of the property, a description of the claimed interest and the facts behind it, and an estimated market value for that interest.
Does the claim need to be under oath?
Yes, § 720.130(a) requires the claim to be executed under oath.
What if my claim is based on a written document?
A copy of that writing must be attached to the claim, or the court may exclude it from evidence at a later hearing on the claim.
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:what must a third party claim include california