Title 9. Enforcement of Judgments · Division 4 · Chapter 4. Hearing on Third-Party Claim · Last amended 1989 · Last verified July 28, 2026
In one sentenceSection 720.320 requires the party who petitions for a hearing to serve notice of its time and place on the other claimant and on the debtor, following the general motion-notice timing of § 1005, file a copy of that notice with the levying officer, and state in the notice that the hearing will decide the claim's validity and the property's disposition.
(a)At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following:
(1)Serve notice of the time and place of the hearing on the creditor or the third person (whichever person is not the petitioner) and on the debtor. Service shall be made personally or by mail.
(2)File a copy of the notice of hearing with the levying officer.
(b)The notice of the hearing shall include a statement that the purpose of the hearing is to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the third- party claim.
Plain-English Summary
Once a petition for a hearing is filed, the petitioner takes on two jobs. First, at the time § 1005(b) specifies for civil motions generally, the petitioner has to serve notice of the hearing's time and place on whichever party isn't the petitioner -- the creditor or the third person, as the case may be -- and on the debtor as well. That service can be made personally or by mail.
Second, the petitioner has to file a copy of that same notice with the levying officer. That filing matters beyond bookkeeping: it triggers the levying officer's own duty under § 720.330 to gather the claim, any opposing statement, and any undertakings on file, and forward them all to the court.
Subdivision (b) requires the notice itself to say something specific -- that the hearing's purpose is to determine the validity of the third-party claim and the proper disposition of the property. A defendant or claimant reading the notice should understand exactly what's at stake before the hearing date arrives.
Frequently Asked Questions
Who has to be served with notice of the hearing?
Whichever party isn't the petitioner -- the creditor or the third person -- and the debtor, each served personally or by mail.
What timing governs service of the hearing notice?
The time prescribed in § 1005(b), the same general timing rule used for civil motions.
Does the petitioner have any obligation toward the levying officer?
Yes. Section 720.320(a)(2) requires filing a copy of the notice of hearing with the levying officer, which triggers that officer's duty under § 720.330 to forward the claim file to the court.
What must the notice say about the hearing's purpose?
That the hearing will determine the validity of the third-party claim and the proper disposition of the property that is its subject.
Amendment History
Amended by Stats. 1989, Ch. 693, Sec. 4.
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:notice of hearing third party claim californiaserving notice third party claim hearing