A motion that a lien be granted on a cause of action, right to relief, or judgment must be accompanied by an authenticated record of the judgment on which the judgment creditor relies and a declaration as to the identity of the party involved and the amount due.
Rule 3.1360.Motion to grant lien on cause of action
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 6. Miscellaneous Motions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1360 requires a motion asking the court to grant a lien on a cause of action, right to relief, or judgment to include an authenticated record of the underlying judgment the judgment creditor relies on, along with a declaration identifying the party involved and the amount due.
Full Text of Rule 3.1360
Plain-English Summary
A judgment creditor who has not been paid does not have to wait until the debtor wins or settles a separate lawsuit to stake a claim on the proceeds. California law lets a creditor ask the court to place a lien on the debtor’s own cause of action, right to relief, or judgment in another case, reaching that asset before it ever converts to cash in the debtor’s hands. Rule 3.1360 sets the proof a creditor needs to bring that motion.
Two things must accompany the motion. First, an authenticated record of the judgment the creditor is relying on — proof, in a form the court can trust, that the debt is real and reduced to judgment, not just alleged. Second, a declaration establishing who the parties are and how much is owed. Without both pieces, the court has no reliable basis for tying up someone else’s cause of action or judgment on the creditor’s say-so.
Frequently Asked Questions
What does a California creditor need to file a motion for a lien on a cause of action?
An authenticated record of the underlying judgment the creditor relies on, plus a declaration identifying the party and the amount due, under Rule 3.1360.
Can a judgment creditor place a lien on a debtor’s lawsuit against someone else?
Yes. That is what a motion under Rule 3.1360 seeks — a lien on the debtor’s cause of action, right to relief, or judgment in a separate case.
What counts as an “authenticated record of the judgment” under Rule 3.1360?
The rule does not spell out the exact form; a certified or otherwise authenticated copy of the judgment showing the amount owed is the standard way to satisfy this requirement.
Amendment History
Rule 3.1360 amended and renumbered effective January 1, 2007; adopted as rule 369 effective January 1, 1984.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: motion for lien on cause of action Californiajudgment creditor lien pending lawsuit CaliforniaCRC rule 3.1360 requirements