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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-31/000.00 Third Party Claim / 6-31/600.00 Creditor’s Undertaking

6-31/610.00 Claim for Ownership or Possession


6-31/600.00 Creditor’s Undertaking
6-31/620.00 Claim of Security Interest or Lien

A creditor’s undertaking is filed with the levying officer and shall:

 

  • Be $10,000 or twice the amount of the execution lien (CCP 720.160(b))
    • The amount may also be larger
  • Be made in favor of the third person (CCP 720.160(c)(1))
  • Indemnify the third person against any loss, liability, damages, costs, and attorney’s fees, incurred by reason of the enforcement proceedings (CCP 720.160(c)(2))
  • Be conditioned on final judgment that the third person owns or has the right of possession of the property (CCP 720.160(c)(3))
  • State the address at which the creditor may be served with notices, papers, and other documents (CCP 995.320(a)(2))