Requirements for Filing Third Party Claim

Requirements for Filing a Third Party Claim, Contents of Claim as described in California Code of Civil Procedures §720.130 and 720.230

• You must submit the original signed claim and two copies of the claim to the Sheriff.

The claim must include:

• The title of the case, i.e., Jones vs. Smith
• The court case number
• The Sheriff’s file number (not a requirement but it helps speed up processing your claim)
• The name and address of the person making the claim. The address must be within California.

If the claim is for ownership, you must include:

• The statement “This claim is for ownership of property pursuant to CCP §720.110”
• A description of the property claimed
• A description of the interest claimed, including a statement of the facts upon which the claim is based.
• An estimate of the market value of the interest claimed.
• 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.

If the claim is for a security interest or lien, you must include:

• The statement “This claim is for a security interest or lien pursuant to CCP §720.210.”
• A description of the personal property in which a security interest or lien is claimed.
• A detailed description of the security interest or lien claimed, including a statement of the facts upon which it is based.
• 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.
• 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. CCP §720.230

The third party claim shall be executed under oath. Here are three examples of oaths you may use in your third party claim.

Notary must verify both the oath and the signature. An acknowledgment of the signature by the notary is not sufficient. The notary must verify both the oath and the signature.

- OR -

IT MAY BE SIGNED UNDER PENALTY OF PERJURY (CCP 2015.5)

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date ____________________________________

Signature ________________________________

- OR -

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date ____________________________________

Signature ________________________________

A third party claim must be submitted on plain paper.

DO NOT submit a third party claim on a Claim of Exemption form (Judicial Council Form EJ-160).