A third person may give an undertaking to release property pursuant to this chapter in the following cases:
§ 720.610.Cases In Which Undertaking Allowed
Title 9. Enforcement of Judgments · Division 4 · Chapter 6. Third-Party Undertaking to Release Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.610 identifies the three situations in which a third person may post an undertaking to release levied property -- claiming ownership or possession rights in real property, claiming ownership or possession rights in personal property, or claiming a security interest or lien in personal property.
Full Text of § 720.610
(a) Where the third person claims ownership or the right to possession of real property that has been levied upon under a writ of attachment or a writ of execution.
(b) Where the third person claims ownership or the right to possession of personal property that has been levied upon under a writ of attachment, a writ of execution, or a writ of sale.
(c) Where the third person claims a security interest in or a lien on personal property that has been levied upon under a writ of attachment, a writ of execution, or a writ of sale.
Plain-English Summary
Chapter 6 flips the dynamic from Chapter 5. Instead of a creditor demanding that someone else act, this chapter lets a third person take the initiative and post a bond to get levied property released. Section 720.610 marks out exactly when that tool is available.
Real property opens the door only when the third person claims ownership or a right to possession, and the property has been levied on under a writ of attachment or a writ of execution. Personal property opens the door more broadly — a third person can post an undertaking whether claiming ownership or possession rights, or claiming only a security interest or lien, and the qualifying writs expand to include a writ of sale alongside attachment and execution.
What all three situations share is a levy that has already reached property someone outside the debtor-creditor relationship has a stake in. The rest of this chapter — filing timing (§ 720.620), the undertaking's required content and amount (§ 720.630), and service of the copy (§ 720.640) — builds out how that stake gets protected.
Frequently Asked Questions
Can a third person post an undertaking for real property?
Yes, if the third person claims ownership or the right to possession of real property levied upon under a writ of attachment or a writ of execution.
What claims to personal property qualify under this chapter?
A claim of ownership, a claim of the right to possession, or a claim of a security interest in or lien on the property, so long as it was levied upon under a writ of attachment, execution, or sale.
Is a writ of sale covered by this chapter?
Yes, for personal property claims — subdivisions (b) and (c) both include a writ of sale alongside writs of attachment and execution.
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: third party undertaking release property californiabond to release levied property