Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 2. Creditor's Suit · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.330 requires a creditor's suit to be commenced before the later of when the defendant could have sued the third person or one year after the attachment lien was created, bars commencing suit once the lien has lapsed, and lets a timely-filed action proceed to judgment as long as an attachment lien or Title 9 judgment lien on the same property stays in effect.
(a)Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
(1)The time when the defendant may bring an action against the third person concerning the property or debt.
(2)One year after creation of an attachment lien on the property or debt pursuant to this title if the lien is created at the time when the defendant may bring an action against the third person concerning the property or debt.
(b)An action may not be commenced pursuant to this article if the attachment lien is not in effect.
(c)If an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment so long as the attachment lien or a lien of the plaintiff on the same property pursuant to Title 9 (commencing with Section 680.010) is in effect.
Plain-English Summary
Timing controls whether a creditor's suit can go forward at all. Section 491.330(a) sets the outer commencement deadline at the later of two dates: whenever the defendant's own right to sue the third person over the property or debt would arise, or one year after the attachment lien was created (if that lien existed at the time the defendant's own right to sue arose).
Subdivision (b) adds a hard floor: the action cannot be commenced at all if the attachment lien is not currently in effect. There is no creditor's suit without a live lien behind it.
Subdivision (c) then addresses what happens after a timely filing -- the action can be carried through to judgment for as long as either the original attachment lien, or a plaintiff's judgment lien on the same property under Title 9 (starting at § 680.010), remains in effect. A suit that starts properly is not automatically defeated just because the original attachment lien later converts into a judgment lien.
Frequently Asked Questions
By when must a creditor's suit be filed under California attachment law?
Section 491.330(a) requires it before the later of when the defendant could sue the third person, or one year after the attachment lien was created, if that lien existed when the defendant's own right to sue arose.
Can a creditor's suit be filed after the attachment lien has expired?
No. Section 491.330(b) bars commencing an action under this article if the attachment lien is not in effect.
Does a creditor's suit die if the attachment lien converts into a judgment lien during the case?
No. Section 491.330(c) lets a timely-commenced action proceed to judgment so long as either the attachment lien or a Title 9 judgment lien on the same property remains in effect.
Amendment History
Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
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
Also known as:deadline to file creditor's suit californiaattachment lien duration creditor's suit