(a) If the defendant is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the defendant's rights to money or property under the judgment be attached or otherwise applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties.
§ 491.460.Satisfaction of Lien
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 491.460 lets any party apply, on noticed motion, for an order attaching the defendant's judgment rights to satisfy the lien, lets the court block transfers of property the judgment awards to the defendant pending that satisfaction, and makes a third party who defies notice of the lien personally liable up to the lesser of what they transferred or paid and the lien amount.
Full Text of § 491.460
(b) If the judgment determines that the defendant has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be attached or otherwise applied to the satisfaction of the lien created under this article.
(c) If the court determines that a party (other than the defendant) having notice of the lien created under this article has transferred property that was subject to the lien, or has paid an amount to the defendant that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following:
(1) The value of the defendant's interest in the property or the amount paid to the defendant.
(2) The amount of the plaintiff's lien created under this article.
(d) A judgment or order under this section 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 or order 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.
Plain-English Summary
Once the other action ends in a judgment awarding the defendant money or property, § 491.460(a) lets any party -- on noticed motion served on everyone else -- ask the court to apply the defendant's judgment rights to satisfy the lien, however the court directs.
Subdivision (b) protects that outcome before it happens: if the judgment recognizes the defendant's interest in specific property, the court can order whoever has custody or control of it not to transfer it until it can be attached or applied toward the lien.
Subdivision (c) creates real exposure for a third party who ignores that protection. If a party (other than the defendant) who knew about the lien transferred property subject to it, or paid the defendant an amount subject to it, the court enters judgment against that party for the lesser of the property's value (or the amount paid) and the amount of the plaintiff's lien. Subdivision (d) then lets the resulting judgment or order be enforced the same way a judgment obtained by the defendant against a third party would be, with pre-judgment collections held or paid into court pending the outcome against the defendant -- mirroring the safeguard in § 491.360's creditor's suit procedure.
Frequently Asked Questions
How does the plaintiff collect once the defendant wins the other lawsuit?
Section 491.460(a) lets any party apply on noticed motion for an order attaching the defendant's judgment rights and applying them to satisfy the lien.
What happens to a third party who transfers property or pays the defendant despite knowing about the lien?
Section 491.460(c) makes that party liable for the lesser of the property's value (or amount paid) and the amount of the lien.
Can the court stop someone from handing over property the judgment awarded the defendant?
Yes. Section 491.460(b) lets the court order the custodian of that property not to transfer it until it can be attached or applied to satisfy the lien.
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: satisfy attachment lien from judgment californiathird party liability transferring property lien