(a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in favor of the defendant 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 defendant, without the written consent of the plaintiff or authorization by order of the court obtained under subdivision (b).
§ 491.440.Consent of Plaintiff Or Court Authorization Required to Enforce Judgment Obtained By Defendant
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.440 bars enforcing a judgment for the defendant, or settling or dismissing the pending action, without the plaintiff's written consent or a court order obtained on the defendant's noticed motion after a hearing, unless the lien has been released.
Full Text of § 491.440
(b) Upon application by the defendant, the court in which the action or special proceeding subject to the lien under this article is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the plaintiff.
Plain-English Summary
Section 491.420(g)'s notice warning becomes an actual restriction in § 491.440. Subdivision (a) bars enforcing the defendant's judgment by writ or otherwise, and bars any compromise, dismissal, settlement, or satisfaction of the pending action or the resulting judgment, unless the lien has been released -- and even then, only with the plaintiff's written consent or a court authorization obtained under subdivision (b).
Subdivision (b) supplies that authorization path: the defendant applies to the court where the action or judgment is pending, the court holds a hearing, and it may then authorize the settlement or enforcement on whatever terms and conditions it thinks necessary. The application itself must be made on noticed motion, with notice served on the plaintiff.
Frequently Asked Questions
Can a defendant settle the pending case or collect its judgment while this lien is in place?
Not without permission. Section 491.440(a) bars it unless the plaintiff consents in writing, the court authorizes it under subdivision (b), or the lien has been released.
How does a defendant get court authorization to settle or enforce despite the lien?
Section 491.440(b) requires a noticed motion, served on the plaintiff, followed by a hearing at which the court may authorize the action on terms it deems necessary.
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: settle lawsuit despite attachment lien californiacourt authorization enforce judgment lien