(a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.120 or 720.220, or 15 days after filing an undertaking pursuant to Section 720.610, either the creditor or the third person may petition the court for a hearing to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the claim.
§ 720.310.Time For Filing Petition For Hearing; Time For Holding
Title 9. Enforcement of Judgments · Division 4 · Chapter 4. Hearing on Third-Party Claim · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 720.310 gives the creditor or the third person 15 days after a third-party claim, or an undertaking to release, is filed to petition the court for a hearing on the claim's validity and the property's disposition, and requires that hearing be held within 20 days of the petition absent a continuance for good cause.
Full Text of § 720.310
(c) The hearing shall be held within 20 days after the filing of the petition unless continued by the court for good cause shown.
Plain-English Summary
Chapter 4 supplies the hearing procedure for any third-party claim under this division -- whether the claim asserts outright ownership or, as in Chapter 3, a security interest or lien. Section 720.310 opens that door: not later than 15 days after the claim is filed with the levying officer, or 15 days after a third person files an undertaking to release the property under § 720.610, either the creditor or the third person may petition the court to decide the claim's validity and how the property should be handled.
Subdivision (b) limits when a hearing can happen. It's available whether or not an undertaking has been filed, but not once the creditor has made a deposit under § 720.260 -- at that point the deposit-and-tender procedure of § 720.290 takes over instead, and there's no property or undertaking left for a hearing to decide.
Once a petition is filed, subdivision (c) puts the case on a fast track: the hearing has to happen within 20 days, unless the court continues it for good cause. That timetable reflects how disruptive an unresolved third-party claim can be -- it holds up the creditor's enforcement and ties up the third person's property or its value at the same time.
Frequently Asked Questions
Who can petition for a hearing on a third-party claim, and when?
Either the creditor or the third person, not later than 15 days after the claim is filed with the levying officer, or 15 days after an undertaking to release is filed under § 720.610.
Can a hearing happen if the creditor made a deposit instead of filing an undertaking?
No. Section 720.310(b) makes the hearing available whether or not an undertaking was filed, but not if a deposit was made under § 720.260.
How quickly must the hearing be held once a petition is filed?
Within 20 days, unless the court continues the hearing for good cause shown.
Does this hearing procedure apply only to lienholder claims?
No. Chapter 4 governs hearings on any third-party claim under this division, including the ownership and right-to-possession claims covered elsewhere, not just the security-interest and lien claims covered by Chapter 3.
Amendment History
Amended by Stats. 1986, Ch. 672, Sec. 1.
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: petition for hearing third party claim californiadeadline to request third party claim hearing