If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner as it could be enforced if it had been obtained by the defendant against the third party; but, prior to entry of judgment in favor of the plaintiff against the defendant, any money or property obtained in enforcing the judgment against the third party shall be paid or delivered into court to abide the judgment in the action of the plaintiff against the defendant or shall be held by a levying officer, or otherwise held, as ordered by the court.
§ 491.360.Enforcement of Judgment
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 491.360 lets the plaintiff enforce a judgment against the third person the same way the defendant could have, but requires any money or property collected before judgment against the defendant to be held or paid into court pending that later judgment.
Full Text of § 491.360
Plain-English Summary
Winning a creditor's suit gives the plaintiff a judgment against the third person, and § 491.360 lets the plaintiff enforce it exactly as the defendant could have enforced a judgment against that same third person -- using the ordinary tools available to any judgment creditor.
There is a timing safeguard built in, though. Because the plaintiff's ultimate right to that money depends on winning judgment against the defendant, anything collected from the third person before that judgment against the defendant is entered must be paid or delivered into court, or held by a levying officer or as the court otherwise orders -- not handed straight to the plaintiff.
Frequently Asked Questions
Once the plaintiff wins the creditor's suit, how is that judgment enforced?
Section 491.360 lets the plaintiff enforce it the same way the defendant could have enforced a judgment against the third person.
What happens to money collected from the third person before the plaintiff wins against the defendant?
Section 491.360 requires it to be paid or delivered into court, or held by a levying officer or as the court orders, until judgment is entered in the plaintiff's action against the defendant.
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: enforce creditor's suit judgment californiamoney held pending judgment attachment