Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court:
§ 720.330.Papers Filed With Court After Receipt of Notice
Title 9. Enforcement of Judgments · Division 4 · Chapter 4. Hearing on Third-Party Claim · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.330 requires the levying officer, promptly after receiving notice of the hearing, to file with the court the third-party claim itself along with any opposing statement, undertaking, or public-entity notice already on file, assembling the complete paper record the court will need to decide the case.
Full Text of § 720.330
(d) Any undertaking to release filed by a third person pursuant to Chapter 6 (commencing with section 720.610).
Plain-English Summary
Up to this point, all the paperwork in a third-party claim dispute has piled up with the levying officer, not the court. Section 720.330 is the hinge that moves it over. Promptly after receiving the notice of hearing that § 720.320 requires the petitioner to file, the levying officer has to send the court five categories of documents: the third-party claim itself, any statement the creditor filed opposing a secured party's claim under § 720.280, any undertaking the creditor filed, any undertaking to release the third person filed under Chapter 6, and any notice a public entity filed in place of an undertaking.
That transfer gives the court the complete record the parties have already built at the levying-officer stage, without requiring anyone to refile documents that already exist. It also sets up the pleadings framework in § 720.350, which treats the claim and the creditor's statement as the operative pleadings for the hearing.
Frequently Asked Questions
When must the levying officer send the case papers to the court?
Promptly after receiving the notice of the hearing on the third-party claim.
What documents does the levying officer file with the court?
The third-party claim, any creditor statement opposing a secured party's claim, any creditor undertaking, any third-person undertaking to release the property, and any public-entity notice filed in place of an undertaking.
Why does this transfer matter for the hearing?
It gives the court the full paper record already built at the levying-officer stage, and those same documents serve as the pleadings for the hearing under § 720.350.
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: levying officer file papers with courtdocuments filed for third party claim hearing