The judgment debtor shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the judgment debtor may not be considered in the determination of proper venue unless otherwise provided by contract between the judgment debtor and the third person.
§ 708.220.Judgment Debtor Not Indispensable Party; Debtor's Residence Considered In Venue Determination
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 3. Creditor's Suit · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.220 requires the judgment debtor to be joined in a creditor's suit without treating the debtor as an indispensable party, and bars the debtor's residence from affecting venue unless a contract between the debtor and the third person says otherwise.
Full Text of § 708.220
Plain-English Summary
A creditor's suit under this article is aimed at the third person, but the debtor still has a stake in the outcome. This section requires the debtor be joined as a party, while making clear the debtor isn't indispensable — the suit against the third person can go forward and reach judgment even if, for some reason, the debtor can't be joined or kept in the case.
Venue gets a similar carve-out. The debtor's place of residence normally matters for where a lawsuit can be filed, but this section takes that consideration off the table for a creditor's suit, unless a contract between the debtor and the third person specifically provides that the debtor's residence controls venue.
Frequently Asked Questions
Does the judgment debtor have to be a party to the creditor's suit?
Yes, the debtor must be joined, but the debtor is not an indispensable party.
Does the debtor's residence affect where the creditor's suit can be filed?
Not unless a contract between the debtor and the third person provides that it does.
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: joinder judgment debtor creditor's suit californiavenue creditor's suit california