(a) If a lien is created on property pursuant to Title 6.5 (commencing with Section 481.010) (attachment) and after judgment in the action a lien is created pursuant to this division on the same property under the same claim while the earlier lien is in effect, the priority of the later lien relates back to the date the earlier lien was created.
§ 697.020.Relation Back of Priority of Later Lien Created
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 697.020 lets the priority of a later lien created under this division relate back to the date an earlier lien on the same property under the same claim or judgment was created, while leaving undisturbed any rights third persons already gained under the law governing that earlier lien.
Full Text of § 697.020
(b) If a lien is created on property pursuant to this division and a later lien of the same or a different type is created pursuant to this division on the same property under the same judgment while the earlier lien is in effect, the priority of the later lien relates back to the date the earlier lien was created.
(c) Nothing in this section affects priorities or rights of third persons established while the earlier lien was in effect under the law governing the earlier lien.
Plain-English Summary
Judgment enforcement often produces a chain of liens on the same property over time -- an attachment lien before judgment, then a judgment lien afterward, or one type of judgment lien replaced by another. Section 697.020 keeps that chain from losing its original place in line.
Subdivision (a) covers the transition from attachment to judgment lien: if a lien was created under the attachment law (Title 6.5, commencing with § 481.010) and, after judgment, a lien under this division attaches to the same property under the same claim while the attachment lien is still in effect, the later lien's priority relates back to when the attachment lien was created. Subdivision (b) covers the parallel situation entirely within this division -- when an earlier lien under this division is followed by a later lien of the same or a different type, on the same property under the same judgment, while the earlier lien remains effective, the later lien again inherits the earlier lien's priority date.
Subdivision (c) makes clear this relation-back principle doesn't disturb anyone else's rights. Priorities or rights that third persons already obtained while the earlier lien was in effect, under the law governing that earlier lien, stay exactly as they were.
Frequently Asked Questions
What does it mean for a later lien's priority to "relate back"?
It means the later lien is treated, for priority purposes, as if it had been created on the same date as the earlier lien it replaces or follows, rather than on its own later creation date.
Does this apply when an attachment lien is followed by a judgment lien?
Yes. Section 697.020(a) covers exactly that situation, so long as the judgment lien attaches to the same property under the same claim while the attachment lien is still in effect.
Can this rule take away rights a third party already gained?
No. Subdivision (c) preserves priorities and rights third persons obtained while the earlier lien was in effect, under the law that governed that earlier lien.
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: lien priority relation back california judgmentattachment lien to judgment lien priority california