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§ 720.210.Generally

Title 9. Enforcement of Judgments · Division 4 · Chapter 3. Third-Party Claim of Security Interest or Lien · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 720.210 opens Chapter 3's third-party claim procedure to a person who holds a security interest or lien -- rather than outright ownership -- in personal property that has been levied upon, so long as that interest is superior to the creditor's own lien, and it extends the same right to a secured party claiming an interest in fixtures.

Full Text of § 720.210

Text sizeJump to: (a) (b)

(a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale, a third person claiming a security interest in or lien on the personal property may make a third-party claim under this chapter if the security interest or lien claimed is superior to the creditor's lien on the property.
(b) A secured party claiming a security interest in fixtures may make a third-party claim pursuant to this chapter if the security interest claimed is superior to the creditor's lien on the property. For this purpose, references in this division to "personal property" shall be deemed references to fixtures.

Plain-English Summary

Chapter 3 is a different track from the ownership claims covered elsewhere in this division. Instead of a third person saying that the property belongs to them outright, this chapter is for someone who holds a security interest or lien in property the creditor has just had levied on -- think of a bank that financed the debtor's truck and still holds a lien against it. Section 720.210 lets that lienholder step in with a third-party claim, but only if the lien or security interest is superior to the creditor's own enforcement lien.

Subdivision (b) extends the same right to a secured party whose interest is in fixtures rather than movable personal property. For that purpose, the statute treats every reference to personal property elsewhere in this division as a reference to fixtures, so the whole chapter -- filing deadlines, undertakings, hearings -- applies the same way.

Because a lienholder's stake is usually worth less than the whole property, the rest of this chapter builds a procedure around value rather than possession: the creditor can often keep the levy moving by posting an undertaking or making a deposit under § 720.260 or § 720.290, instead of losing the property outright the way a true ownership dispute might play out under a different chapter of this division.

Frequently Asked Questions

What kind of third-party claim does Chapter 3 cover?

A claim by someone who holds a security interest or lien in personal property that has been levied upon -- not a claim of outright ownership, which is handled under a separate chapter of this division.

What must be true about the lien or security interest for a claim to be available under this chapter?

It must be superior to the creditor's own lien on the levied property. Section 720.210(a) limits the chapter to claims of that kind.

Does this chapter cover fixtures as well as movable property?

Yes. Section 720.210(b) lets a secured party claiming an interest in fixtures make the same third-party claim, treating references to personal property elsewhere in this division as references to fixtures.

How is a lienholder's claim under this chapter different from an ownership claim?

An ownership claim asserts the debtor doesn't own the property at all; a claim under this chapter accepts the debtor's interest but asserts the lienholder's interest has priority over the creditor's lien, up to the value of that interest.

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: third party claim security interest californialienholder claim levied property californiathird party claim lien fixtures california