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 708.230 requires a creditor's suit to be filed before the later of when the debtor could have sued the third person or one year after a lien on the property or debt arose under this title, bars filing after the judgment's enforcement period expires, and lets a timely-filed suit be carried through to judgment regardless of that expiration.
(a)Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
(1)The time when the judgment debtor may bring an action against the third person concerning the property or debt.
(2)One year after creation of a lien on the property or debt pursuant to this title if the lien is created at the time when the judgment debtor may bring an action against the third person concerning the property or debt.
(b)An action may not be commenced pursuant to this article after the period for enforcement of the money judgment has expired.
(c)Notwithstanding Section 683.020, if an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment.
Plain-English Summary
This section sets the clock for a creditor's suit, and it runs on two tracks at once. The suit has to be filed before whichever comes later: the point when the debtor's own right to sue the third person over the property or debt would have run out, or one year after a lien on that property or debt arose under this title — but only if that lien arose at a time the debtor could still have sued the third person.
There's an outer boundary regardless of those two dates: the suit can't be filed once the period for enforcing the underlying money judgment has already expired.
Once a creditor's suit is properly filed within these limits, though, the case doesn't die just because the judgment's enforcement period later runs out while the suit is pending. Section 708.230(c) lets the action be carried through to judgment despite that expiration, notwithstanding the general enforcement-period rule of § 683.020.
Frequently Asked Questions
What's the deadline for filing a creditor's suit?
Before the later of when the debtor's own right to sue the third person would have expired, or one year after a qualifying lien arose under this title.
Is there an outer limit tied to the judgment itself?
Yes, a creditor's suit can't be commenced after the period for enforcing the money judgment has already expired.
What happens if the judgment's enforcement period expires while the suit is pending?
The suit isn't cut off. Section 708.230(c) lets it be prosecuted to judgment despite that expiration, as long as it was timely filed.
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:deadline to file creditor's suit californiastatute of limitations creditor's suit