(a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610), if the creditor does not within the time allowed under subdivision (b) of Section 720.140 file with the levying officer an undertaking (or file a notice if the creditor is a public entity) that satisfies the requirements of Section 720.160, the levying officer shall release the property unless it is to be held under another lien or unless otherwise ordered by the court.
§ 720.170.Release of Property
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 720.170 requires the levying officer to release levied property under § 699.060 if the creditor doesn't timely file a qualifying undertaking or opposition notice, unless the property is held under another lien or the court orders otherwise, while still permitting a later hearing on the claim under Chapter 4.
Full Text of § 720.170
(c) If personal property that has been taken into custody is to be released to the debtor pursuant to Section 699.060 and the debtor has not claimed the property within 10 days after notice was served pursuant to Section 699.060, the levying officer shall release the property to the third person making the claim.
Plain-English Summary
Silence from the creditor has a clear consequence. If the third person hasn't filed a release undertaking under Chapter 6, and the creditor doesn't file its own qualifying undertaking (or opposition notice, for an exempt public entity) within the time § 720.140(b) allows, the levying officer has to release the property — unless it's being held under some other lien, or the court has ordered otherwise.
The mechanics of that release generally follow § 699.060, the same release procedure used elsewhere in the enforcement law. One added wrinkle applies to personal property already in custody: if the debtor doesn't claim it within ten days after the § 699.060 notice was served, the levying officer releases the property to the third person who made the claim instead.
Release doesn't end the matter entirely. Subdivision (d) preserves the third person's ability to get a hearing on the claim under Chapter 4 (§ 720.310), even after the property has already been released under this section.
Frequently Asked Questions
What happens if the creditor never responds to a third-party claim?
The levying officer must release the property, following § 699.060, unless it's held under another lien or the court orders otherwise.
What if the debtor doesn't reclaim personal property after the release notice?
If the debtor doesn't claim it within ten days after the § 699.060 notice was served, the officer releases the property to the third person who filed the claim.
Can the third person still get a hearing after the property is released?
Yes, § 720.170(d) preserves that right under Chapter 4, commencing with § 720.310.
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: release of property third party claim california