§ 1207.Sworn Statement Denying that Claim Due
Title 4. Of the Enforcement of Liens · Chapter 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts · Last amended 1935 · Last verified July 29, 2026
Full Text of § 1207
Plain-English Summary
This is the dispute mechanism § 1206 refers to. Within five days of receiving a copy of a preferred labor claim statement, either the plaintiff or the defendant in the underlying action can file a sworn statement with the officer denying that some or all of the claim is due for services rendered in the 90 days before the levy.
That denial can't rest on information and belief unless the person swearing to it truly has information and belief that the claim, or the disputed part of it, isn't justly due — and if so, the statement has to explain the nature and source of that information. There's a cost consequence built in for claimants who push too hard: if part of the claim is admitted and the claimant still petitions for a hearing but the court doesn't award more than what was already admitted, the claimant can't recover costs. Instead, costs are charged against the claimant and deducted from the amount ultimately found due.
Frequently Asked Questions
How much time does a party have to dispute a preferred labor claim?
Five days after receiving a copy of the claim statement provided for in § 1206.
Can someone dispute a wage claim just on a guess?
No. A denial based on information and belief requires the person to truly hold that information and belief, and the statement must give the nature and source of it.
What happens if I dispute part of a claim, admit the rest, and the claimant still demands a hearing?
If the court doesn't award the claimant more than what was already admitted, the claimant can't recover costs -- costs are instead charged against the claimant and deducted from the amount found due.
Amendment History
Amended by Stats. 1935, Ch. 557.