Code Civ. Proc., § 720.170 · Chapter 2. Third-Party Claims of Ownership and Possession
Code Civ. Proc., § 720.170
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=720.170.
- Text hash
- sha256 8b7b94cbf7a49c24cca8bf0f0a296adada9f9547c995fe03607aff23b6203ae1
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., § 699.060Printed as Section 699.060
- Code Civ. Proc., § 720.140Printed as Section 720.140
- Code Civ. Proc., § 720.160Printed as Section 720.160
- Code Civ. Proc., pt. 2, tit. 9, div. 4, ch. 4Hearing on Third-Party ClaimPrinted as Chapter 4 (commencing with Section 720.310)
- Code Civ. Proc., pt. 2, tit. 9, div. 4, ch. 6Third-Party Undertaking to Release PropertyPrinted as Chapter 6 (commencing with Section 720.610)
Cited by 2 provisions
Provisions in this library whose text cites Code Civ. Proc., § 720.170. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.