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§ 720.220.Time For Filing Claim

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 720.220 requires a secured party or lienholder to file a third-party claim, along with two copies, with the levying officer after the property has been levied upon but before the officer sells it, delivers possession of it to the creditor, or pays over any proceeds of its collection.

Full Text of § 720.220

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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 personal property but before the levying officer does any of the following:
(a) Sells the property.
(b) Delivers possession of the property to the creditor.
(c) Pays proceeds of collection to the creditor.

Plain-English Summary

This section marks the filing window for a lienholder's third-party claim. It opens the moment the levying officer levies on the property and closes the instant the officer does one of three things: sells the property, hands possession over to the creditor, or pays the creditor any proceeds already collected. File after any of those events, and the claim comes too late to do its job.

The filing itself is simple in form -- the claim plus two copies go to the levying officer, not the court. That officer becomes the hub for the rest of the chapter's paperwork: serving notice on the creditor and debtor under § 720.240, and later forwarding the claim to the court if either side petitions for a hearing under § 720.310.

What the claim itself has to say -- and what has to be attached to it -- is spelled out separately in § 720.230.

Frequently Asked Questions

When must a third-party claim under Chapter 3 be filed?

After the levying officer levies on the property, but before the officer sells it, delivers possession to the creditor, or pays proceeds of collection to the creditor.

How many copies of the claim does the filer need to submit?

The original plus two copies, all filed with the levying officer.

Does the claim go to the court or to the levying officer?

To the levying officer. The officer then serves notice on the creditor and debtor under § 720.240 and, if a hearing is later sought, files the claim with the court under § 720.330.

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
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