Corpus browser

Code of Civil Procedure - CCP - CCP § 717.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 717.010

A judgment not otherwise enforceable pursuant to this title may be enforced by personally serving a certified copy of the judgment on the person required to obey it and invoking the power of the court to punish for contempt.

Code of Civil Procedure - CCP - CCP § 720.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.010

Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.

Code of Civil Procedure - CCP - CCP § 720.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.020

“Creditor” means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the plaintiff.

Code of Civil Procedure - CCP - CCP § 720.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.030

“Debtor” means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the defendant.

Code of Civil Procedure - CCP - CCP § 720.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.110

A third person claiming ownership or the right to possession of property may make a third-party claim under this chapter in any of the following cases if the interest claimed is superior to the creditor’s lien on the property: (a) Where real property has been levied upon under a

Code of Civil Procedure - CCP - CCP § 720.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.120

A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the property but before the levying officer does any of the following: (a) Sells the property. (b) Delivers possession of the

Code of Civil Procedure - CCP - CCP § 720.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.130

(a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the third person and an address in this state where service by mail may be made on the third person. (2) A description of the property in which an interest is claimed. (

Code of Civil Procedure - CCP - CCP § 720.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.140

(a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third-party claim. (2) A statement whether the third person has filed an undertaking

Code of Civil Procedure - CCP - CCP § 720.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.150

(a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the property in which an interest is claimed: (1) Sell the property. (2) Deliver possession of the property to the creditor. (3

Code of Civil Procedure - CCP - CCP § 720.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.160

(a) If the creditor files with the levying officer an undertaking that satisfies the requirements of this section within the time allowed under subdivision (b) of Section 720.140: (1) The levying officer shall execute the writ in the manner provided by law unless the third person

Code of Civil Procedure - CCP - CCP § 720.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.170

(a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610), if the creditor does not within the time allowed under subdivision (b) of Section 720.140 file with the levy

Code of Civil Procedure - CCP - CCP § 720.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.210

(a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale, a third person claiming a security interest in or lien on the personal property may make a third-party claim unde

Code of Civil Procedure - CCP - CCP § 720.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.220

A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the personal property but before the levying officer does any of the following: (a) Sells the property. (b) Delivers possessi

Code of Civil Procedure - CCP - CCP § 720.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.230

(a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the secured party or lienholder and an address in this state where service by mail may be made on the secured party or lienholder. (2) A description of the personal prop

Code of Civil Procedure - CCP - CCP § 720.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.240

(a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third-party claim. (2) A statement whether the third person has filed an undertaking

Code of Civil Procedure - CCP - CCP § 720.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.250

(a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the personal property in which the security interest or lien is claimed: (1) Sell the property. (2) Deliver possession of the p

Code of Civil Procedure - CCP - CCP § 720.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.260

(a) If the creditor within the time allowed under subdivision (b) of Section 720.240 either files with the levying officer an undertaking that satisfies the requirements of this section and a statement that satisfies the requirements of Section 720.280 or makes a deposit with the

Code of Civil Procedure - CCP - CCP § 720.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.270

(a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.610), if the creditor does not within the time allowed under subdivision (b) of Section 720.240 file with the levy

Code of Civil Procedure - CCP - CCP § 720.280

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.280

At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the following: (a) File with the levying officer a statement executed under oath that the security interest is invalid, that

Code of Civil Procedure - CCP - CCP § 720.290

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.290

(a) If the levying officer receives a sufficient deposit from the creditor, the levying officer shall promptly tender or pay the deposit to the secured party or lienholder who made the third-party claim except that, if the deposit is made by personal check, the levying officer is

Code of Civil Procedure - CCP - CCP § 720.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.310

(a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.120 or 720.220, or 15 days after filing an undertaking pursuant to Section 720.610, either the creditor or the third person may petition the court for a hearing to det

Code of Civil Procedure - CCP - CCP § 720.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.320

(a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following: (1) Serve notice of the time and place of the hearing on the creditor or the third person (whichever person is not the petitioner) and on the debtor. Service shall be mad

Code of Civil Procedure - CCP - CCP § 720.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.330

Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court: (a) The third-party claim that was filed with the levying officer pursuant to Section 720.120 or 720.220. (b) Any statement filed by t

Code of Civil Procedure - CCP - CCP § 720.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.340

If the creditor has not filed a statement with the levying officer pursuant to Section 720.280 in opposition to a third-party claim by a secured party: (a) In a case where the creditor petitions for a hearing on the third-party claim, the creditor shall file the statement with th

Code of Civil Procedure - CCP - CCP § 720.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.350

(a) Subject to the power of the court to permit an amendment in the interest of justice: (1) The third-party claim constitutes the pleading of the third person. (2) In the case of a third-party claim by a secured party, the creditor’s statement constitutes the pleading of the cre