California Code of Civil Procedure 720.320 – (a) At the time prescribed in subdivision (b) of Section 1005, …
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(a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following:
(1) Serve notice of the time and place of the hearing on the creditor or the third person (whichever person is not the petitioner) and on the debtor. Service shall be made personally or by mail.
Terms Used In California Code of Civil Procedure 720.320
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(2) File a copy of the notice of hearing with the levying officer.
(b) The notice of the hearing shall include a statement that the purpose of the hearing is to determine the validity of the third-party claim and the proper disposition of the property that is the subject of the third-party claim.
(Amended by Stats. 1989, Ch. 693, Sec. 4.)