What is the burden of proof for a third party to succeed in a claim against a creditor?
California, United States of America
The following excerpt is from Foster v. Woo, A149554 (Cal. App. 2017):
"At a hearing on a third-party claim, the third person has the burden of proof" of his superior right to the property at issue. ( 720.360.) "The third party claimant is required to introduce evidence that it owns the attached property. [Citation.] Once the third party accomplishes this, the burden shifts to the creditor to establish that the transfers represented by the deeds were fraudulent." (Whitehouse v. Six Corp. (1995) 40 Cal.App.4th 527, 535.)
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