(a) The creditor's demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying officer after levy on the personal property but before the levying officer sells the property or pays proceeds of collection to the creditor.
§ 720.520.Filing and Service of Demand
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 720.520 requires the creditor's demand and a copy to be filed with the levying officer after levy but before sale or payout, requires the officer to personally serve it on the secured party or lienholder promptly and certify service, and lets a closer officer handle service with costs reimbursed from the original deposit.
Full Text of § 720.520
(b) Promptly after the demand and a copy thereof are filed, the levying officer shall personally serve the demand on the secured party or lienholder. Service of the demand on the secured party or lienholder shall be attested by the certificate of the levying officer and the certificate shall be filed in the action promptly after service.
(c) The demand shall be served by the levying officer who levied on the property or by any other levying officer whose office is closer to the place of service. If service is made by another levying officer, such levying officer's costs shall be paid out of the costs prepaid to the levying officer who levied on the property.
Plain-English Summary
This section sets the mechanics for getting the demand from the creditor's hands into the secured party's. The creditor files the demand, plus a copy, with the levying officer after the levy has already occurred but before the officer sells the property or hands over collection proceeds to the creditor. That window matters: once the property is sold or the money paid out, the demand procedure no longer serves its purpose.
Once filed, the levying officer takes over. The officer must personally serve the demand on the secured party or lienholder promptly, then certify that service and file the certificate in the action. Personal service and prompt filing of proof give the record a clear, verifiable start date for the 30-day period that runs through the rest of this chapter.
Subdivision (c) allows some flexibility in who does the serving. Ordinarily the officer who made the levy handles service, but if another levying officer's office sits closer to where service needs to happen, that officer can serve the demand instead — with the substitute officer's costs paid out of what the creditor already deposited with the original officer.
Frequently Asked Questions
When must the creditor file the demand with the levying officer?
After the officer has levied on the personal property, but before the officer sells the property or pays collection proceeds to the creditor.
How is the demand served on the secured party or lienholder?
The levying officer serves it personally, promptly after the demand and a copy are filed, and then files a certificate attesting to that service.
Can a different levying officer handle service?
Yes. Section 720.520(c) allows a levying officer whose office is closer to the place of service to serve the demand, with that officer's costs paid from the funds the creditor already prepaid.
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: filing service third party claim demand californialevying officer serve demand secured party