§ 720.280 Creditor duties upon filing undertaking

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 720.280

§ 720.280. Creditor duties upon filing undertaking

    At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the following:

    (a) File with the levying officer a statement executed under oath that the security interest is invalid, that the security interest is not entitled to priority over the creditor's lien, or that the amount demanded in the claim exceeds the amount to which the secured party is entitled, for the reasons specified therein.

    (b) Serve a copy of the statement on the secured party. Service shall be made personally or by mail.

    (c) Serve a copy of the statement on the debtor. Service shall be made personally or by mail.