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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 2. OF CIVIL ACTIONS |
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Title 9. ENFORCEMENT OF JUDGMENTS |
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Division 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES |
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Chapter 3. Third-Party Claim of Security Interest or Lien |
Section 720.230.
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(a) The third-party claim shall be executed under oath and shall contain all of the following:
(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.
(b) 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.