(a) If a notice of judgment lien on personal property filed in the office of the Secretary of State appears to create a judgment lien on personal 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 or a person having a security interest in or a lien on the property may deliver to the judgment creditor a written demand that the judgment creditor file in the office of the Secretary of State a statement releasing the lien as to the property of such owner. 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.
§ 697.660.Filing Statement Releasing Lien On Property of Erroneously Identified Property Owner
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 3. Judgment Lien on Personal Property · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 697.660 lets a person mistakenly named in a filed judgment-lien notice demand its release, requires the judgment creditor to file a release within fifteen days once given satisfactory proof, and allows the court to order release plus damages, a statutory penalty, and attorney's fees if the creditor refuses.
Full Text of § 697.660
(b) Within 15 days after receipt of the 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 file in the office of the Secretary of State a statement releasing the lien on the property of such owner. If the judgment creditor improperly fails to file the statement of release within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person.
(c) If the judgment creditor does not file a statement of release pursuant to subdivision (b), the person who made the demand 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 file the statement of release or shall itself order the release of the judgment lien on the property of such owner. The court order may be filed in the office of the Secretary of State with the same effect as the statement of release demanded under subdivision (a).
(d) The court shall award reasonable attorney's fees to the prevailing party in any action or 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.
(f) The fee for filing a statement of release or court order under this section is the same as that provided in Section 9525 of the Commercial Code.
Plain-English Summary
Because a notice of judgment lien is indexed by name rather than tied to a specific person's verified identity, it can sometimes appear to reach the property of someone who shares a name with, or a similar name to, the actual judgment debtor. This section gives that mistakenly identified property owner, or anyone with a security interest or lien on the property, a way out: deliver a written demand to the judgment creditor, backed by proof satisfactory to the creditor that the property owner isn't the debtor and the property isn't subject to enforcement of the judgment.
Once the creditor receives that demand and satisfactory proof, the clock starts running — the creditor has 15 days to file a statement releasing the lien as to that owner's property. Missing the deadline carries real consequences: the creditor becomes liable for all damages the delay caused, plus a flat $100 forfeiture to the person who made the demand.
If the creditor still doesn't file the release, the demanding party can go to court on a noticed motion. Once the court is satisfied the property owner isn't the debtor, it will order the creditor to file the release or release the lien itself by court order, and the prevailing party in that proceeding recovers reasonable attorney's fees. None of these remedies displace whatever other damages or penalties the law otherwise allows.
Frequently Asked Questions
What can someone do if a judgment-lien notice appears to reach their property by mistake?
Deliver a written demand to the judgment creditor, with proof that they aren't the judgment debtor and the property isn't subject to enforcement, asking the creditor to file a statement of release.
How long does the creditor have to respond to that demand?
Fifteen days after receiving the demand and satisfactory proof to file the statement releasing the lien on that property.
What happens if the creditor misses the fifteen-day deadline?
The creditor becomes liable for all damages caused by the failure and forfeits $100 to the person who made the demand.
What if the creditor still won't release the lien?
The demanding party can file a noticed motion asking the court to order the release, and the prevailing party recovers reasonable attorney's fees.
Amendment History
EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).
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 lienwrong person named judgment lien california