§ 680.340.Secured Party
Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Last amended 2014 · Last verified July 28, 2026
Full Text of § 680.340
Plain-English Summary
Judgment creditors rarely have a debtor's assets all to themselves. Banks, equipment lenders, and other secured creditors often hold prior claims against the same property, and this section names that competing interest holder: the secured party, defined the same way the Commercial Code defines it for secured transactions generally.
Whether a secured party's claim beats a judgment creditor's lien usually comes down to timing and perfection under the Commercial Code's priority rules, not the Enforcement of Judgments Law itself. But knowing who counts as a secured party is the first step in figuring out whether a piece of property a judgment creditor wants to levy on is already encumbered, and by how much, before deciding whether levying is worth the cost.
Frequently Asked Questions
Who is a "secured party" for purposes of judgment enforcement?
The same thing the Commercial Code means by the term -- generally, a lender or other creditor holding a security interest in the debtor's property, as defined in Commercial Code Section 9102.
Does a judgment lien automatically outrank a secured party's earlier claim to the same property?
Not necessarily. Priority between a judgment lien and a secured party's interest generally depends on the Commercial Code's own priority and perfection rules, which operate independently of the Enforcement of Judgments Law's definitions.
Amendment History
Amended by Stats 2013 ch 531 (AB 502),s 4, eff. 1/1/2014, op. 7/1/2014. EFFECTIVE 7/01/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).