§ 697.680.Reinstatement of Released Lien On Personal Property; Restoring Priority
Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 3. Judgment Lien on Personal Property · Enacted 2025 · no amendments on record · Last verified July 28, 2026
Full Text of § 697.680
Plain-English Summary
Sometimes a creditor releases a judgment lien because it reasonably appears the judgment has been paid, only for a court to later order the creditor to return levied property or garnished wages to the debtor — which means the judgment wasn't fully satisfied after all. This section lets the creditor undo that mistake by applying to the court for an order reinstating the released lien with the same priority it held before cancellation.
The application has to be backed by a detailed declaration covering the case information, an identification of exactly which liens were released and why, the details of any satisfaction that was recorded, and confirmation that the creditor complied with the court's order to return the property or wages and isn't appealing that order. Knowingly submitting false information in that declaration carries a civil penalty of up to $1,500.
The debtor gets a chance to push back: after being served with the application, the debtor has 15 days to file a declaration disputing that the funds or property were returned. If the debtor does that, the court denies the application and the creditor has to bring a noticed motion instead. If no objection comes in, the clerk's reinstatement of the lien and its original priority becomes automatically effective, and the creditor can record the resulting certificate to restore the lien's priority as though the earlier release or satisfaction never happened. Attorney's fees aren't recoverable in this proceeding, and the reinstatement mechanism itself becomes operative July 1, 2026.
Frequently Asked Questions
Why would a judgment creditor need to reinstate a lien it already released?
Because the creditor released the lien in the reasonable belief the judgment was satisfied, but a court later ordered the creditor to return levied property or garnished wages to the debtor, meaning the judgment wasn't fully paid after all.
What must the creditor's application for reinstatement include?
A declaration identifying the released liens, the details of any recorded satisfaction, confirmation that the creditor complied with the order to return property or wages, and confirmation the creditor isn't appealing that order.
Can the debtor challenge the reinstatement request?
Yes. Within 15 days of service, the debtor may file a declaration stating the funds or property weren't returned, which forces the creditor to bring a noticed motion instead of getting automatic reinstatement.
What happens if the debtor doesn't object?
The clerk's reinstatement of the lien and its original priority becomes automatically effective.
Are attorney's fees recoverable in a reinstatement proceeding under this section?
No, § 697.680(e) says attorney's fees are not recoverable under this section.
Amendment History
Added by Stats 2025 ch 708 (AB 774),s 3, eff. 1/1/2026.