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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 / 6-31/300.00 Filing Procedures / 6-31/310.00 Filing a Third Party Claim

6-31/310.20 Claim of Security Interest or Lien


6-31/310.10 Claim of Ownership or Right to Possession
6-31/310.30 Levying Officer Prohibition

The third party claim shall contain all of the following (CCP 720.230):

 

  1. The name of the secured party or lienholder and an address in this state where service by mail may be made on the secured party or lienholder.
  2. A description of the personal property in which a security interest or lien is claimed.
  3. A detailed description of the security interest or lien claimed, including a statement of the facts upon which it is based.
  4. A statement of the total amount of sums due or to accrue under the security interest or lien and the applicable rate of interest on amounts due.
  • In the case of a security interest, a copy of the security agreement and any financing statement shall be attached to the third-party claim. In the case of a lien, a copy of any writing upon which the claim is based shall be attached to the third-party claim. At a hearing on the third-party claim, the court in its discretion may exclude from evidence any writing a copy of which was not attached to the third-party claim.