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 writ of attachment or a writ of execution.

Terms Used In California Code of Civil Procedure 720.110

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17

(b) 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.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

  Previous section
Next section  
 Chapter 2 Contents