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§ 695.030.Property Not Assignable Or Transferable Not Subject to Enforcement; Property Subject to Enforcement

Title 9. Enforcement of Judgments · Division 2 · Chapter 1. General Provisions · Article 1. Property Subject to Enforcement of Money Judgment · Last amended 1987 · Last verified July 28, 2026

In one sentenceSection 695.030 generally exempts property a judgment debtor cannot assign or transfer from enforcement of a money judgment, but carves out two exceptions that statute makes reachable anyway -- a trust interest to the extent the law allows, and a cause of action for money or property that is the subject of a pending lawsuit or special proceeding.

Full Text of § 695.030

Text sizeJump to: (a) (b)

(a) Except as otherwise provided by statute, property of the judgment debtor that is not assignable or transferable is not subject to enforcement of a money judgment.
(b) The following property is subject to enforcement of a money judgment:
(1) An interest in a trust, to the extent provided by law.
(2) A cause of action for money or property that is the subject of a pending action or special proceeding.

Plain-English Summary

Not every asset a debtor owns can change hands. Some property, by its nature or by contract, can't be assigned or transferred at all. Section 695.030(a) says that kind of property generally falls outside judgment enforcement too -- if the debtor can't transfer it voluntarily, a creditor generally can't force a transfer through the enforcement process either.

Subdivision (b) then pulls two categories back in as exceptions, even though they might otherwise look nonassignable. A debtor's interest in a trust is reachable to the extent other law allows -- a qualification that sends the real analysis to trust law rather than resolving it here. A cause of action for money or property that's the subject of a pending action or special proceeding is reachable too, meaning a debtor's live lawsuit seeking a recovery can itself become an asset a creditor can pursue.

The opening phrase "except as otherwise provided by statute" in subdivision (a) signals that the exceptions in subdivision (b) aren't necessarily the only ones -- other statutes scattered through California law can make additional nonassignable property reachable as well.

Frequently Asked Questions

Is property a debtor cannot transfer generally protected from judgment enforcement?

Yes, as a general rule under § 695.030(a), though several exceptions exist.

Can a creditor reach a debtor's interest in a trust?

To the extent other law allows it. Section 695.030(b)(1) makes a trust interest subject to enforcement to that extent, even though many trust interests are otherwise nonassignable.

Can a creditor go after a lawsuit the debtor has pending against someone else?

Yes. Section 695.030(b)(2) subjects a cause of action for money or property that is the subject of a pending action or special proceeding to enforcement of a money judgment.

Amendment History

Amended by Stats. 1986, Ch. 820, Sec. 17. Operative July 1, 1987, by Sec. 43 of Ch. 820.

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: nonassignable property judgment enforcement californiacan creditor take pending lawsuit california