California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 4 — Third-party Claims and Related Procedures, Chapter 3 — Third-Party Claim of Security Interest or Lien, Section 720.250

(a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the personal property in which the security interest or lien is claimed:

(1) Sell the property.

(2) Deliver possession of the property to the creditor.

(3) Pay proceeds of collection to the creditor.

(b) The interest of a secured party or lienholder in the property levied upon is not affected by the failure of the secured party or lienholder to file a third-party claim under this chapter.

Notes

Prohibits the levying officer, after a timely third-party claim by a secured party or lienholder and absent another statute, from selling the personal property, delivering it to the creditor, or paying collection proceeds to the creditor. Failure to file a third-party claim does not otherwise affect the secured party’s or lienholder’s interest in the levied property.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 720.250 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-4/chapter-3/section-720-250

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