Legal Question in Business Law in California

Third Party Claim of Ownership

My employee has an outstanding Judgment against her. The Plaintiff in that suit filed a Writ of Execution against my business because her name was on the bank account as a signer (she is my bookkeeper). I was told by the Sheriff's Court Services that I have to file a Third Party Claim of Ownership and that it is not a form but a legal narrative. Where csn I found out how to prepare this document?


Asked on 8/13/04, 6:51 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Third Party Claim of Ownership

Third-party rights under a writ of attachment scenario are treated by Sections 720.110 to 720.170 of the Code of Civil Procedure. You might also look at the immediately-preceding and -following sets of sections.

The code is generally fairly non-technical and a non-lawyer business owner can probably get the gist of the law. However, I think you'll need a lawyer's assistance to prepare and serve the papers.

You may be able to recover your expenses in court; the attaching creditor is usually required to obtain a bond against a wrongful attachment, and the bond MIGHT cover your legal costs.

In any case, I'd act fast, because your ability to protect your assets diminishes once the attachment is carried out and the property falls into the possession of the judgment creditor.

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Answered on 8/13/04, 8:26 pm


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