Sections
13 entriesSection 720.310Allows either the creditor or third person to petition for a hearing on a third-party claim within 15 days after the claim…Section 720.320Requires the petitioner, within the prescribed motion-notice time, to serve hearing notice personally or by mail on the nonpetitioning creditor or third…Section 720.330Requires the levying officer, promptly after receiving notice of a third-party-claim hearing, to file with the court the claim, any creditor statement…Section 720.340Requires a creditor that has not already filed its statement opposing a secured-party claim to file and serve it with the hearing…Section 720.350Establishes the third-party claim as the third person’s pleading and, for a secured-party claim, the creditor’s statement as the creditor’s pleading, subject…Section 720.360Sets the burden of proof at a hearing on a third-party claim on the third person asserting that claim. The provision identifies…Section 720.370Prohibits dismissal of a third person’s petition for a hearing, or proceedings on that petition, without the creditor’s consent. Conversely, when the…Section 720.380Allows the court to stay a writ sale or enjoin transfer of levied property while third-party rights are determined and to require…Section 720.390Requires the court at the end of the hearing to enter judgment determining whether the third-party claim is valid and allows it…Section 720.400Exempts proceedings under the chapter from any requirement that findings be made. The provision states categorically that no findings are required in…Section 720.410Bars a jury trial in any proceeding brought pursuant to the chapter. The provision states that there is no right to have…Section 720.420Allows an appeal from a judgment entered under the specified provision governing determination of a third-party claim. The operative rule makes that…Section 720.430Limits further levy or application of property previously released under the specified third-party-claim provisions to cases where the hearing on the claim…