§ 720.270. — 720.270. (Added by Stats. 1982, Ch. 1364, Sec. 2.)

California § 720.270.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 4.
• Title: 9.
• Part 2.: DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES
• Ch. 3.: CHAPTER 3. Third-Party Claim of Security Interest or Lien

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 720.240 file with the levying officer an undertaking (or file a notice if the creditor is a public entity) that satisfies the requirements of Section 720.260 and a statement under Section 720.280, or deposit with the levying officer the amount claimed under Section 720.230, the levying officer shall release the personal 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 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 secured party or lienholder 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.