California Code of Civil Procedure 720.550 – (a) If the secured party or lienholder does not file a …
(a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720. 210) within 30 days after service of the demand, the secured party or lienholder shall be deemed to have waived any priority the security interest or lien may have over the creditor‘s lien on the personal property levied upon and the property may be applied toward the satisfaction of the judgment free of the security interest or lien.
(b) If the secured party or lienholder is deemed to have waived any priority over the creditor’s lien pursuant to subdivision (a) and the creditor’s lien on the personal property is released, the security interest or lien is restored to its former position of priority.
Terms Used In California Code of Civil Procedure 720.550
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
