(a) If a recorded abstract of a money judgment or certified copy of a money judgment appears to create a judgment lien on real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document releasing the lien. The demand shall be accompanied by proof to the satisfaction of the judgment creditor that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor.
§ 697.410.Demand For Recordable Document Releasing Lien By Erroneously Identified Property Owner
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 2. Judgment Lien on Real Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 697.410 lets a property owner wrongly caught by a recorded judgment lien -- because the owner shares a name with the judgment debtor -- demand a recordable release from the judgment creditor with supporting proof, escalate to a noticed court motion if the creditor doesn't comply within fifteen days, and recover damages, a statutory $100 penalty, and attorney's fees along the way.
Full Text of § 697.410
(b) Within 15 days after receipt of the property owner's demand and proof satisfactory to the judgment creditor that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment, the judgment creditor shall deliver to the property owner a recordable document releasing the lien on the property of such owner. If the judgment creditor improperly fails to deliver a recordable document releasing the lien within the time allowed, the judgment creditor is liable to the property owner for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to the property owner.
(c) If the judgment creditor does not deliver a recordable document pursuant to subdivision (b), the property owner may apply to the court on noticed motion for an order releasing the judgment lien on the property of such owner. Notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. Upon presentation of evidence to the satisfaction of the court that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document releasing the lien or shall itself order the release of the judgment lien on the property of such owner. The court order may be recorded in the office of the county recorder with the same effect as the recordable document demanded by the property owner.
(d) The court shall award reasonable attorney's fees to the prevailing party in any proceeding maintained pursuant to this section.
(e) The damages provided by this section are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law.
Plain-English Summary
Recording an abstract of judgment identifies the debtor by name, and names collide. Section 697.410 protects a property owner who is not the judgment debtor but whose property appears burdened by the lien because of a matching or similar name.
Subdivision (a) starts the process with a written demand: the erroneously identified owner sends the judgment creditor a demand for a recordable document releasing the lien, backed by proof satisfactory to the creditor that the owner isn't the debtor and the property isn't subject to enforcement of the judgment. Subdivision (b) gives the creditor fifteen days from receiving that demand and proof to deliver a recordable release; failing to do so makes the creditor liable for all resulting damages and a $100 forfeiture to the property owner.
If the creditor still doesn't act, subdivision (c) lets the property owner take the matter to court on a noticed motion, served on the creditor personally or by mail. Once the court is satisfied the owner isn't the debtor and the property isn't subject to enforcement, it orders the creditor to deliver a release or releases the lien itself, and that court order can be recorded with the same effect as the release the owner originally demanded. Subdivision (d) requires the court to award reasonable attorney's fees to the prevailing party, and subdivision (e) confirms these remedies don't cut off any other damages or penalties the owner might otherwise be entitled to.
Frequently Asked Questions
What can a property owner do if a judgment lien mistakenly attaches because of a name mix-up?
Section 697.410(a) lets the owner demand a recordable document releasing the lien from the judgment creditor, backed by proof the owner isn't the judgment debtor.
How long does the judgment creditor have to respond to that demand?
Fifteen days from receiving the demand and satisfactory proof, under subdivision (b).
What happens if the creditor doesn't provide a release in time?
The creditor becomes liable for damages caused by the failure and must forfeit $100 to the property owner, and the owner can move the court for an order releasing the lien under subdivision (c).
Can the property owner recover attorney's fees?
Yes. Subdivision (d) requires the court to award reasonable attorney's fees to the prevailing party in a proceeding under this section.
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: erroneously identified property owner judgment lien californiaremove judgment lien wrong person california