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§ 720.760.Copy of Objection Filed With Levying Officer

Title 9. Enforcement of Judgments · Division 4 · Chapter 7. Undertakings · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 720.760 requires that a copy of any notice of motion objecting to an undertaking be filed with the levying officer.

Full Text of § 720.760

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A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer.

Plain-English Summary

This is a short, purely procedural requirement, but it matters to whoever is holding the property or the funds while an undertaking's sufficiency is being contested. When a party files a notice of motion objecting to an undertaking, a copy also has to reach the levying officer.

Keeping the levying officer in the loop makes sense given the officer's role under related sections — for instance, the duty under § 720.800 to file any undertaking still in the officer's possession with the court when a writ is returned. An officer who doesn't know an objection is pending could otherwise release property or funds while a challenge to the undertaking's adequacy is still working its way to a hearing under § 720.770.

Frequently Asked Questions

What must be filed with the levying officer when a party objects to an undertaking?

A copy of the notice of motion raising the objection.

Why does the levying officer need this copy?

The officer is holding the property or funds connected to the undertaking and needs to know an objection is pending before taking further action.

Does this section set the deadline for the objection hearing itself?

No, that's covered separately by § 720.770.

Amendment History

Amended by Stats. 1983, Ch. 18, Sec. 14. Effective April 21, 1983. Operative July 1, 1983, by Sec. 40 of Ch. 18.

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: objection to undertaking levying officer californianotice of motion objecting to bond