6-32/750.00 Separate Suit by Labor Claimant



If the creditor’s levy is insufficient to pay all preferred labor claims upon expiration of the time for their dispute, any labor claimant may file a separate action of his own and levy upon the property being held under the creditor’s levy.  In that event the claimant’s levy takes priority over the prior attachment.  However, any money collected by the new levy shall be shared in by the other established labor claimants in proportion to the amount of their respective claims, deducting only the costs in the action brought by the said labor claimant, or his assignee, and the costs in the original action brought by the senior attaching plaintiff or judgment creditor.  (CCP 1208)