My question involves collection proceedings in the State of: Californina
I'm not sure if this is correct place for this question but here goes:
I am a third party who has under section 720.160 filed a document stating that the property that has already been levied belongs to me, an unnamed party to a case. I filed a statement explaining the property, etc and my claim to it. Now I am told that I have to file an "Undertaking" pursuant to section 720.640 b (see below)
(b) If the undertaking to release property is filed with the
levying officer after the third-party claim is filed, not later than
five days after the undertaking is filed, the levying officer shall
serve a copy of the undertaking on the creditor and on the debtor
with a notice that the property will be released unless, within the
time allowed as specified in the notice, the creditor objects to the
undertaking. Service shall be made personally or by mail.
My question: I cannot find anywhere a special form or instructions on how to file this undertaking. I've contacted the courts where the original case is being heard and the sheriffs department where I filed the third party claim. I've also read and re-read the CCP and can't come up with anything. I'm stuck. Can someone please provide me a resource to instructions on how to file this "Undertaking" and what needs to go in it? I don't want to file the wrong type of form or an informal form and have all my work to this point void because of a procedural mistake. PLEASE HELP!!