§ 720.230.Information Included In Claim; Copy of Security Agreement and Financing Statement Attached
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 720.230 spells out what a secured party or lienholder's third-party claim must say under oath -- identity and address, a description of the property and the interest claimed, the amount due -- and requires attaching the security agreement, financing statement, or other supporting writing, on pain of the court excluding at the hearing any document that wasn't attached.
(a)The third-party claim shall be executed under oath and shall contain all of the following:
(1)The name of the secured party or lienholder and an address in this state where service by mail may be made on the secured party or lienholder.
(2)A description of the personal property in which a security interest or lien is claimed.
(3)A detailed description of the security interest or lien claimed, including a statement of the facts upon which it is based.
(4)A statement of the total amount of sums due or to accrue under the security interest or lien and the applicable rate of interest on amounts due.
(b)In the case of a security interest, a copy of the security agreement and any financing statement shall be attached to the third-party claim. In the case of a lien, 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 under this chapter isn't just a form -- it's a sworn statement with real content requirements. Subdivision (a) lists four things it must contain: the secured party or lienholder's name and a California address for service by mail, a description of the property claimed, a detailed description of the security interest or lien and the facts behind it, and the total amount currently due or still to accrue, along with the interest rate that applies.
Subdivision (b) adds a documentary backbone. A security-interest claim has to come with a copy of the security agreement and any financing statement; a lien claim has to come with a copy of whatever writing the lien rests on. The stakes for skipping that step show up later, at the hearing: the court has discretion to keep out of evidence any writing that wasn't attached to the claim when it was filed.
That evidentiary consequence gives the attachment requirement real teeth. A lienholder who wants the security agreement or the note considered at a § 720.360 hearing needs it in the file from day one, not produced for the first time once the dispute reaches court.
Frequently Asked Questions
What four things must a third-party claim under this chapter state?
The secured party or lienholder's name and a California mailing address, a description of the property, a detailed description of the security interest or lien and the facts supporting it, and the total amount due or to accrue with the applicable interest rate.
Does the claim have to be sworn?
Yes. Section 720.230(a) requires the claim to be executed under oath.
What documents must be attached to a security-interest claim?
A copy of the security agreement and any financing statement. A lien claim instead requires a copy of the writing the lien is based on.
What happens if the supporting document wasn't attached to the claim?
The court has discretion at the hearing to exclude from evidence any writing that wasn't attached to the third-party claim when it was filed.
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:contents of lienholder third party claim californiasecurity agreement attached third party claim