§ 720.620.Time For Filing Undertaking

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 720.620 requires the third person to file the undertaking and two copies with the levying officer, either when filing the underlying third-party claim or, if that claim was already filed, at any time before the officer sells the property, delivers it to the creditor, or pays over collection proceeds.

Full Text of § 720.620

Text sizeJump to: (a) (b)

The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking:

(a) At the time the third person files a third-party claim pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3 (commencing with Section 720.210).

(b) If the third person has previously filed a third-party claim to the property, at any time before the levying officer does any of the following:

(1) Sells the property.

(2) Delivers possession of the property to the creditor.

(3) Pays proceeds of collection to the creditor.

Plain-English Summary

Timing drives this section. A third person who is filing a third-party claim under Chapter 2 (§ 720.110) or Chapter 3 (§ 720.210) can file the undertaking to release property at that same time, along with two copies for the levying officer to distribute.

If the third-party claim was already filed earlier, the door doesn't close — subdivision (b) lets the undertaking come in later, right up until the levying officer takes one of three irreversible steps: selling the property, delivering possession to the creditor, or paying over proceeds of collection to the creditor. Once any of those happens, the underlying property or its value has already moved on, and an undertaking to release it no longer serves its purpose.

Frequently Asked Questions

When can the undertaking be filed alongside the third-party claim?

At the same time the third person files the claim under Chapter 2 (§ 720.110) or Chapter 3 (§ 720.210).

What if the third-party claim was already filed earlier?

The undertaking can still be filed at any point before the levying officer sells the property, delivers possession to the creditor, or pays collection proceeds to the creditor.

How many copies of the undertaking must be filed?

Two copies, in addition to the undertaking itself.

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: when to file undertaking to release property californiatiming third party undertaking