§ 720.530.Information Included

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 720.530 lists five things the demand served on a secured party or lienholder must contain, including a description of the property, the 30-day deadline, and warnings about waiving priority and about the possible right to share in excess sale proceeds.

Full Text of § 720.530

Text sizeJump to: (a) (b) (c) (d) (e)

The demand for a third-party claim served on a secured party or lienholder shall contain all of the following:

(a) The name and address of the secured party or lienholder.

(b) The name and address of the creditor.

(d) A statement that if the secured party or lienholder does not file a third-party claim pursuant to Chapter 3 (commencing with Section 720.210) within 30 days after service of the demand, the secured party or lienholder shall be deemed to have waived any priority the security interest or lien may have over the creditor's lien on the property levied upon unless the property levied upon is released from the creditor's lien.

(e) A statement that if any priority of the security interest or lien is waived, the secured party or lienholder may have a right to share in any excess proceeds of an execution sale of the property as provided in Section 701.810.

Plain-English Summary

A demand under this chapter has to do more than announce itself — it has to give the secured party or lienholder everything needed to understand what's at stake and how to respond. Section 720.530 requires the names and addresses of both the secured party and the creditor, a detailed description of the personal property levied on, and the date of levy.

The two warnings in subdivisions (d) and (e) are the heart of the notice. The demand must state that failing to file a third-party claim under Chapter 3 (§ 720.210) within 30 days after service means the secured party is deemed to have waived any priority the security interest or lien holds over the creditor's lien — unless the property is instead released from the creditor's lien. It must also tell the secured party that if priority is waived, there may still be a right to share in any excess proceeds from an execution sale under § 701.810.

Together, these five elements make sure a secured party who does nothing can't later claim ignorance of the deadline or the consequences of missing it.

Frequently Asked Questions

What information must the demand include about the property?

A detailed description of the personal property that was levied upon and the date the levy occurred.

What warning must the demand give about the 30-day deadline?

That failing to file a third-party claim under § 720.210 within 30 days after service means the secured party or lienholder is deemed to have waived priority over the creditor's lien, unless the property is released from that lien.

Does the secured party lose everything by missing the deadline?

Not necessarily all recovery. Section 720.530(e) requires the demand to note that the secured party may still have a right to share in any excess proceeds of an execution sale under § 701.810, even after priority is waived.

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: contents of third party claim demand californiawaiver of security interest priority notice