Lien in Pending Actions

Part 2, Title 9, Division 2, Chapter 6, Article 5 deals with liens in pending actions or proceedings for the enforcement of money judgments in California.

Section 708.410 provides that a judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the specified actions.

Section 708.420 requires the notice of lien to contain six specified items of information.

Section 708.430 allows the court in which the action or special proceeding is pending to permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding. A judgment creditor is deemed to be a party to the action or special proceeding even though the judgment creditor has not become a party to the action or proceeding.

Section 708.440 provides that, unless the judgment creditor’s money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the judgment debtor, without the written consent of the judgment creditor or authorization by order of the court obtained.

Section 708.450 specifies that, if a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim is made by application on noticed motion to the court in which the action or special proceeding is pending, filed and served on the judgment creditor not later than 30 days after the judgment debtor has notice of the creation of the lien. Service shall be made personally or by mail.

Section 708.460 requires the court clerk to endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created.

Section 708.470 states that, if the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor’s rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court.

Section 708.480 specifies that a lien created under this article may be enforced by any applicable procedure based on a specified timeline.