A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third- party claim to personal property that has been levied upon under a writ of attachment or a writ of execution.
§ 720.510.Generally
Title 9. Enforcement of Judgments · Division 4 · Chapter 5. Creditor's Demand for Third-Party Claim by Secured Party or Lienholder · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.510 lets a judgment creditor who has levied on personal property demand that a secured party or lienholder file a third-party claim to that property, putting the burden on the secured party to speak up or risk losing priority.
Full Text of § 720.510
Plain-English Summary
Levying officers sometimes seize property that already carries a lien or security interest belonging to someone other than the debtor or the creditor. Rather than leaving that question open indefinitely, § 720.510 gives the creditor a tool to force the issue: a demand that the secured party or lienholder file a third-party claim under Chapter 3 (§ 720.210 and following) or lose the priority of that interest.
The demand only works against personal property already under a writ of attachment or a writ of execution. It shifts the initiative from the creditor, who might otherwise wait and wonder whether a competing lien will surface later, to the secured party, who now has a clock running once the demand is served.
The rest of this chapter fills in the mechanics: how the demand gets filed and served (§ 720.520), what it must say (§ 720.530), how long the levying officer must hold the property before acting (§ 720.540), and what happens if the secured party stays silent (§ 720.550).
Frequently Asked Questions
Who can be served with a demand under § 720.510?
A secured party or lienholder whose interest attaches to personal property that a levying officer has already levied upon under a writ of attachment or a writ of execution.
What does the demand require the secured party to do?
File a third-party claim under Chapter 3, commencing with § 720.210, or face the consequences the rest of this chapter spells out.
Does this chapter apply to real property?
No. Section 720.510 is limited to personal property that has been levied upon.
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's demand third-party claim californiademand secured party file third party claim