Section 6221. Proceedings to determine adverse claims  


Latest version.
  • Prior  to  the
      application of property or debt to the satisfaction of a  judgment,  any
      interested   person  may  commence  a  special  proceeding  against  the
      plaintiff to determine the rights of adverse claimants to  the  property
      or  debt.  Service  of  process  in  such  a proceeding shall be made by
      serving a notice of petition upon the sheriff and upon each party in the
      same manner as a notice of motion. The proceeding may  be  commenced  in
      the  county  where  the property was levied upon, or in the county where
      the order of attachment is filed. The court may vacate or discharge  the
      attachment,  void  the  levy,  direct the disposition of the property or
      debt, direct that undertakings be provided or released, or  direct  that
      damages be awarded. Where there appear to be disputed questions of fact,
      the  court shall order a separate trial, indicating the person who shall
      have possession of the property pending a decision and the  undertaking,
      if  any,  which such person shall give. If the court determines that the
      adverse claim was fraudulent, it may require the  claimant  to  pay  the
      plaintiff  the reasonable expenses incurred in the proceeding, including
      reasonable attorney's fees, and any other damages suffered by reason  of
      the  claim.  The  commencement  of  the  proceeding  shall not of itself
      subject the adverse claimant to personal jurisdiction  with  respect  to
      any matter other than the claim asserted in the proceeding.