Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 3. Lien of Attachment · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 488.500 creates the attachment lien at the moment of levy, generally keeps transferred or encumbered property subject to it, and sets special priority rules for equipment liens, vehicle-equipment liens tied to certificate possession, and liens relating back to an earlier protective-order lien.
(a)A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by Section 488.510.
(b)Except as provided in subdivisions (c) and (d), if property subject to an attachment lien is transferred or encumbered, the property transferred or encumbered remains subject to the lien after the transfer or encumbrance to the same extent that the property would remain subject to an execution lien pursuant to Sections 697.720 to 697.750, inclusive.
(c)Except as otherwise provided in this title, if equipment is attached pursuant to Section 488.375 or farm products or inventory is attached pursuant to Section 488.405, the attachment lien on the property covered by the attachment lien has the same force and effect as a judgment lien on personal property created at the same time would have pursuant to Sections 697.590 to 697.620, inclusive.
(d)If equipment consisting of a vehicle, vessel, mobilehome, or commercial coach is attached pursuant to Section 488.385, the attachment lien on the specified property does not affect the rights of a person who is a bona fide purchaser or encumbrancer and obtains possession of both the property and its certificate of ownership issued by the Department of Motor Vehicles or its certificate of title or registration card issued by the Department of Housing and Community Development. If the levying officer obtains possession of the certificate of ownership or certificate of title or registration card, the attachment lien has the priority of the lien of a lien creditor under Sections 9317 and 9323 of the Commercial Code as of the time possession is obtained by the levying officer. If the levying officer does not obtain possession of the certificate of ownership or certificate of title or registration card, the attachment lien has the same force and effect as an unperfected security interest that attached at the same time as the notice of attachment was filed.
(e)If an attachment lien is created on property that is subject to the lien of a temporary protective order or a lien under Article 1 (commencing with Section 491.110) of Chapter 11, the priority of the attachment lien relates back to the date the earlier lien was created. Nothing in this subdivision affects priorities or rights of third persons established while the lien of the temporary protective order or the lien under Article 1 (commencing with Section 491.110) of Chapter 11 was in effect as determined under the law governing the effect of such lien.
Plain-English Summary
This is the section that defines what an attachment lien is and how strong it is against competing claims. Subdivision (a) fixes the starting point: levy on property creates the lien immediately, and it runs until it expires under § 488.510. Subdivision (b) sets the default priority rule — if attached property is later transferred or encumbered, it remains subject to the lien to the same extent it would remain subject to an execution lien under §§ 697.720 through 697.750, meaning a defendant cannot defeat the lien by selling or mortgaging the property afterward.
Two categories of property get their own priority rules instead of the default. Equipment attached under § 488.375 and farm products or inventory attached under § 488.405 — both filing-based liens — carry the same force and effect as a judgment lien on personal property created at the same time, under §§ 697.590 through 697.620. Vehicle-equipment attached under § 488.385 is more nuanced still: if the levying officer obtains possession of the vehicle's certificate of ownership, title, or registration card, the lien gets the priority of a lien creditor under Commercial Code §§ 9317 and 9323 as of that moment; if the officer never obtains the certificate, the lien only has the force of an unperfected security interest, and a bona fide purchaser or encumbrancer who gets both possession of the vehicle and its certificate takes free of the lien entirely.
Subdivision (e) addresses timing rather than type of property: if an attachment lien attaches to property already subject to a temporary protective order lien or an Article 1 lien (§ 491.110 and following) of Chapter 11, the attachment lien's priority relates back to when that earlier lien was created — though rights third persons already established while the earlier lien was in effect are not disturbed.
Frequently Asked Questions
When does an attachment lien attach to the defendant's property?
Section 488.500(a) creates the lien at the time of levy, and it lasts until it expires under § 488.510.
Can a defendant defeat an attachment lien by selling or mortgaging the property after the levy?
Generally no. Section 488.500(b) keeps transferred or encumbered property subject to the lien to the same extent an execution lien would remain, under §§ 697.720 through 697.750.
Does a buyer of an attached vehicle ever take it free of the attachment lien?
Yes, under § 488.500(d), if the buyer is a bona fide purchaser or encumbrancer who obtains both possession of the vehicle and its certificate of ownership or title before the levying officer obtains the certificate.
Does an attachment lien ever get an earlier priority date than the levy itself?
Yes. Under § 488.500(e), if the property was already subject to a temporary protective order lien or a § 491.110 lien, the attachment lien's priority relates back to when that earlier lien was created.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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