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 720.280

At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the following:

(a) File with the levying officer a statement executed under oath that the security interest is invalid, that the security interest is not entitled to priority over the creditor’s lien, or that the amount demanded in the claim exceeds the amount to which the secured party is entitled, for the reasons specified therein.

(b) Serve a copy of the statement on the secured party. Service shall be made personally or by mail.

(c) Serve a copy of the statement on the debtor. Service shall be made personally or by mail.

Notes

Requires a creditor filing an undertaking in response to a secured party’s third-party claim to file a sworn statement explaining why the security interest is invalid, lacks priority, or claims too much, and to serve copies of that statement personally or by mail on both the secured party and the debtor.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 720.280 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-4/chapter-3/section-720-280

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