The judgment creditor may apply to the court in which an action under this article is pending for either or both of the following:
§ 708.240.Restraining Orders
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 708.240 lets a judgment creditor with a pending creditor's suit obtain an order restraining the third person from transferring the debtor's claimed property or paying the alleged debt to the debtor, and separately obtain a temporary restraining order or preliminary injunction under the general injunction procedure to stop transfers to anyone.
Full Text of § 708.240
(a) An order restraining the third person from transferring to the judgment debtor the property in which the judgment debtor is claimed to have an interest or from paying to the judgment debtor the alleged debt. The order shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the order may be made on ex parte application. The order shall remain in effect until judgment is entered in the action or until such earlier time as the court may provide in the order. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just.
(b) A temporary restraining order or a preliminary injunction or both, restraining the third person from transferring to any person or otherwise disposing of the property in which the judgment debtor is claimed to have an interest, pursuant to Chapter 3 (commencing with Section 525) of Title 7, and the court may make, dissolve, and modify such orders as provided therein.
Plain-English Summary
Filing a creditor's suit doesn't freeze anything by itself, so this section adds a way to keep the third person from moving the disputed property or debt while the suit is pending. Under subdivision (a), the creditor can get an order — on noticed motion if the court requires it, otherwise ex parte — restraining the third person specifically from transferring the property or paying the debt to the debtor. That order runs until judgment or an earlier date the court sets, can require an undertaking at the court's discretion, and can be modified or vacated at any time.
Subdivision (b) reaches further. It lets the creditor seek a temporary restraining order or preliminary injunction — or both — under the general injunction procedure beginning at § 525, restraining the third person from transferring or otherwise disposing of the property to anyone, not just to the debtor. Because this route runs through that general chapter, the court handles granting, dissolving, and modifying it the same way it would any other injunction under that law.
Frequently Asked Questions
What can a creditor do to keep the third person from paying the debtor during a creditor's suit?
Apply for an order under § 708.240(a) restraining the third person from transferring the property or paying the debt to the debtor.
Is there a way to stop the third person from transferring the property to someone other than the debtor?
Yes, subdivision (b) lets the creditor seek a temporary restraining order or preliminary injunction under the general injunction procedure beginning at § 525, which can restrain transfers to any person.
Does the restraining order under subdivision (a) require an undertaking?
An undertaking may be required, but it's left to the court's discretion.
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: restraining order creditor's suit californiapreventing third party from paying debtor