Service of summons on the third person creates a lien on the interest of the judgment debtor in the property or on the debt owed to the judgment debtor that is the subject of an action under this article.
§ 708.250.Lien Created
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 708.250 creates a lien on the judgment debtor's interest in the property, or on the debt owed to the debtor, the moment the third person is served with the summons in a creditor's suit action.
Full Text of § 708.250
Plain-English Summary
Filing a creditor's suit does more than open a lawsuit — it locks in a priority position. This section says that serving the summons on the third person creates a lien on the debtor's interest in the property, or on the debt owed to the debtor, that the action is about.
That lien arises automatically from service alone, without any separate motion or order, giving the creditor an immediate claim on the subject property or debt from the moment the third person is brought into the case.
Frequently Asked Questions
When does the lien in a creditor's suit action arise?
Upon service of the summons on the third person named in the action.
What does the lien attach to?
The judgment debtor's interest in the property, or the debt owed to the debtor, that is the subject of the creditor's suit.
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
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