Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 4. Charging Orders · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 708.320 creates a lien on a judgment debtor's partnership or LLC interest the moment a notice of motion for a charging order is served on the debtor and on the other partners or the partnership, or the other members or the LLC, with the lien continuing under the order's terms if granted and disappearing entirely if the motion is denied.
(a)A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following:
(1)All partners or the partnership.
(2)All members or the limited liability company.
(b)If a charging order is issued, the lien created pursuant to subdivision (a) continues under the terms of the order. If issuance of the charging order is denied, the lien is extinguished.
Plain-English Summary
This section fills in the timing question § 708.310 leaves open: when does the creditor's claim on the debtor's partnership or LLC interest attach? The answer is service, not issuance. A lien arisesas soon as the notice of motion for a charging order is served on the judgment debtor and on either all the other partners or the partnership itself, or all the other members or the limited liability company itself.
What happens to that lien afterward depends entirely on the motion's outcome. If the court issues the charging order, the lien continues on whatever terms the order itself sets — it doesn't just persist indefinitely on its own. If the court denies the charging order instead, the lien is extinguished outright, leaving the creditor back where it started with respect to that interest.
Frequently Asked Questions
When does the lien on a partnership or LLC interest arise under this section?
Upon service of the notice of motion for a charging order on the judgment debtor and on the other partners or the partnership, or the other members or the limited liability company.
Does the lien last forever once it attaches?
No. It continues only under the terms of the charging order if one is issued, and it is extinguished entirely if the charging order is denied.
Amendment History
Amended by Stats 2002 ch 451 (AB 2355),s 2, eff. 1/1/2003.
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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