§ 720.170. — 720.170. (Added by Stats. 1982, Ch. 1364, Sec. 2.)

California § 720.170.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 4.
• Title: 9.
• Part 2.: DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES
• Ch. 2.: CHAPTER 2. Third-Party Claims of Ownership and Possession

Text

(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 levying officer an undertaking (or file a notice if the creditor is a public entity) that satisfies the requirements of Section 720.160, the levying officer shall release the property unless it is to be held under another lien or unless otherwise ordered by the court.
(b)
Except as otherwise
provided in this section, release is governed by Section 699.060.
(c)
If personal property that has been taken into custody is to be released to the debtor pursuant to Section 699.060 and the debtor has not claimed the property within 10 days after notice was served pursuant to Section 699.060, the levying officer shall release the property to the third person making the claim.
(d)
A hearing may be had on the third-party claim pursuant to Chapter 4 (commencing with Section 720.310) notwithstanding the release of the property pursuant to this section.

Legislative History

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