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Code of Civil Procedure - CCP - CCP § 720.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.360

At a hearing on a third-party claim, the third person has the burden of proof.

Code of Civil Procedure - CCP - CCP § 720.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.370

If the petition for a hearing was made by the third person, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of the creditor. If the petition for a hearing was made by the creditor, neither the petition nor the proceedings pursuant th

Code of Civil Procedure - CCP - CCP § 720.380

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.380

(a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property levied upon under a writ until proceedings for the determination of the rights of a thir

Code of Civil Procedure - CCP - CCP § 720.390

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.390

At the conclusion of the hearing, the court shall give judgment determining the validity of the third-party claim and may order the disposition of the property or its proceeds in accordance with the respective interests of the parties. Subject to Section 720.420, the judgment is

Code of Civil Procedure - CCP - CCP § 720.400

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.400

No findings are required in proceedings under this chapter.

Code of Civil Procedure - CCP - CCP § 720.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.410

There is no right to a jury trial in a proceeding pursuant to this chapter.

Code of Civil Procedure - CCP - CCP § 720.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.420

An appeal may be taken from a judgment given pursuant to Section 720.390.

Code of Civil Procedure - CCP - CCP § 720.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.430

If property has been released pursuant to Section 720.170, 720.270, or 720.660, it may be levied upon or otherwise sought to be applied to the satisfaction of the judgment only if it is determined in the hearing on the third-party claim that the debtor has an interest in the prop

Code of Civil Procedure - CCP - CCP § 720.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.510

A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that has been levied upon under a writ of attachment or a writ of execution.

Code of Civil Procedure - CCP - CCP § 720.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.520

(a) The creditor’s demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying officer after levy on the personal property but before the levying officer sells the property or pays proceeds of collection t

Code of Civil Procedure - CCP - CCP § 720.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.530

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. (c) A detailed description of the personal property levied upon an

Code of Civil Procedure - CCP - CCP § 720.540

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.540

Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand before the expiration of 30 days after service of the demand on the secured party or lienholder.

Code of Civil Procedure - CCP - CCP § 720.550

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.550

(a) If the secured party or lienholder does not file a third-party claim with the levying officer 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 s

Code of Civil Procedure - CCP - CCP § 720.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.610

A third person may give an undertaking to release property pursuant to this chapter in the following cases: (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) Whe

Code of Civil Procedure - CCP - CCP § 720.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.620

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

Code of Civil Procedure - CCP - CCP § 720.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.630

(a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person. (b) The undertaking shall be made in favor of the creditor and shall provide that, if the debtor is finally adjudged to have an

Code of Civil Procedure - CCP - CCP § 720.640

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.640

(a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall serve a copy of the undertaking on the creditor and on the debtor with the notice of the filing of the third-party claim served pursu

Code of Civil Procedure - CCP - CCP § 720.650

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.650

The third person’s undertaking becomes effective when the property described therein is released pursuant to this chapter.

Code of Civil Procedure - CCP - CCP § 720.660

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.660

The levying officer shall release the property described in the third person’s undertaking in the manner provided by Section 720.170 promptly after the expiration of the time allowed for objecting to the undertaking, unless the creditor has objected to the undertaking, and filed

Code of Civil Procedure - CCP - CCP § 720.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.710

The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent.

Code of Civil Procedure - CCP - CCP § 720.760

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.760

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

Code of Civil Procedure - CCP - CCP § 720.770

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.770

Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the notice of motion. The court may order the amount of the undertaking decreased below the amount prescribed by Section 720.160

Code of Civil Procedure - CCP - CCP § 720.800

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 720.800

If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the writ is to be returned, the levying officer shall file the undertaking with the court at the time the writ is returned.

Code of Civil Procedure - CCP - CCP § 724.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 724.010

(a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor of a lesser sum in full satisfaction of the judgment. (b) Where a money judgment is satisfied by levy, the obligation of the judgment cre

Code of Civil Procedure - CCP - CCP § 724.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 724.020

The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur: (a) A writ is returned satisfied for the full amount of a lump-sum judgment. (b) An acknowledgment of satisfaction of judgment is filed with the court. (c) The court