§ 688.050.Date of Creation of Tax Lien
Title 9. Enforcement of Judgments · Division 1 · Chapter 8. Enforcement of State Tax Liability · Article 1. Enforcement Pursuant to Warrant or Notice of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 688.050
Plain-English Summary
Knowing exactly when a lien attached to specific property can decide which exemptions apply or how competing claims rank, and § 688.050 supplies that date for state tax liens. It applies specifically for purposes of § 694.080's rule on exemptions and prior liens, and §§ 703.050 and 703.100's provisions elsewhere in the exemption scheme.
Three possible triggering events compete for the earliest date. A notice of state tax lien might be recorded or filed under Chapter 14 (commencing with § 7150) of Division 7 of Title 1 of the Government Code. The property might instead first become subject to a lien when it is levied upon under a warrant, notice of levy, or notice to withhold. Or some other act might create or perfect a lien on that specific property — as opposed to a general lien reaching the debtor's property as a whole. Whichever of these three happens first sets the lien-creation date.
That earliest-in-time rule matters most where it intersects with § 694.080: property already subject to a lien before the Enforcement of Judgments Law's 1983 operative date is governed by the exemption law in effect when the lien was created, not by the newer exemption scheme.
Frequently Asked Questions
Why does the date a state tax lien was created matter?
Because §§ 694.080, 703.050, and 703.100 use that date to decide which exemption rules apply to property already subject to the lien.
What are the three possible dates the lien could be treated as created?
The recording or filing of a notice of state tax lien, the levy of the property under a warrant, notice of levy, or notice to withhold, or the date of any other act creating or perfecting a lien on that specific property.
Which of those three dates controls if they don't all happen on the same day?
The earliest of the three, under § 688.050.
Does a general lien on the debtor's property count for this purpose?
No. Section 688.050(c) requires a lien on specific property, as distinguished from a lien reaching the debtor's property generally.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.