If the creditor has not filed a statement with the levying officer pursuant to Section 720.280 in opposition to a third-party claim by a secured party:
§ 720.340.Statement Filed By Creditor If Creditor Has Not Filed Statement In Opposition to Claim
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 720.340 requires a creditor who never filed a statement opposing a secured party's claim to file that statement with the court instead -- at the time the creditor's own petition is filed, or at least five days before the hearing if the secured party petitioned -- and to serve a copy on the secured party either way.
Full Text of § 720.340
(b) In a case where the secured party has petitioned for a hearing on the third-party claim, the creditor shall file the statement with the court and serve a copy of the statement on the secured party not later than five days before the date set for the hearing. Service shall be made personally or by mail.
Plain-English Summary
Not every creditor files the § 720.280 statement early -- some wait, planning instead to contest the undertaking or make a deposit under § 720.260. This section catches that creditor when a hearing gets requested and no opposing statement has ever been filed. Which deadline applies depends on who asked for the hearing.
If the creditor itself is the one petitioning for the hearing, subdivision (a) requires the statement to be filed with the court at the same time as the petition, with a copy served on the secured party along with the § 720.320 notice of hearing. If instead the secured party is the one who petitioned, subdivision (b) gives the creditor a little more room -- the statement has to be filed with the court and served on the secured party no later than five days before the hearing date, personally or by mail.
Either way, the creditor doesn't get to show up at the hearing without ever having put its objections in writing. This section makes sure the secured party knows the creditor's position before the hearing, not for the first time at the hearing itself.
Frequently Asked Questions
What if a creditor never filed a statement opposing the secured party's claim under § 720.280?
Section 720.340 requires the creditor to file that statement with the court once a hearing is petitioned for, on a deadline that depends on who filed the petition.
When must the creditor file the statement if the creditor petitioned for the hearing?
At the time the petition is filed, serving a copy on the secured party along with the notice of hearing.
When must the creditor file the statement if the secured party petitioned instead?
Not later than five days before the date set for the hearing.
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: creditor statement filed with court third party claimlate opposition statement lien claim