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§ 680.360.Security Interest

Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 680.360 defines security interest by cross-reference to the Commercial Code, the core concept for determining whether an existing lienholder's claim on the judgment debtor's property outranks the judgment creditor's own judgment lien.

Full Text of § 680.360

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"Security interest" means "security interest" as defined in Section 1201 of the Commercial Code.

Plain-English Summary

Priority disputes over a judgment debtor's property usually come down to one question: who has a security interest, and whose interest was perfected first? This section defines the term the same way the Commercial Code does, keeping enforcement-law priority questions grounded in the same body of law that governs secured transactions generally.

A security interest gives its holder rights in specific property that can outrank a later judgment lien, depending on timing and perfection. Before a judgment creditor spends the time and expense levying on an asset, checking whether a security interest already encumbers it -- and how much value that leaves for the judgment lien to reach -- is often the first practical step.

Frequently Asked Questions

What is a "security interest" under the Enforcement of Judgments Law?

The same concept defined in Commercial Code Section 1201 -- an interest in personal property or fixtures that secures payment or performance of an obligation.

Can a security interest defeat a judgment creditor's later lien on the same property?

It can, depending on the priority and perfection rules under the Commercial Code, which operate independently of the Enforcement of Judgments Law's own definitions.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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: security interest definition california judgment enforcement