§ 708.410.When Judgment Creditor May Obtain Lien; Filing Notice of Lien and Abstract Or Copy of Judgment
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 5. Lien in Pending Action or Proceeding · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.410 lets a judgment creditor who holds a money judgment against someone who is a party to a different pending lawsuit or special proceeding obtain a lien on that person's cause of action or future judgment rights in the other case, by filing a notice of lien with an abstract or certified copy of the judgment.
(a)A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor's money judgment, on both of the following:
(1)Any cause of action of such judgment debtor for money or property that is the subject of the action or proceeding.
(2)The rights of such judgment debtor to money or property under any judgment subsequently procured in the action or proceeding.
(b)To obtain a lien under this article, the judgment creditor shall file a notice of lien and an abstract or certified copy of the judgment creditor's money judgment in the pending action or special proceeding.
(c)At the time of the filing under subdivision (b) or promptly thereafter, the judgment creditor shall serve on all parties who, prior thereto, have made an appearance in the action or special proceeding a copy of the notice of lien and a statement of the date when the notice of lien was filed in the action or special proceeding. Service shall be made personally or by mail. Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien.
(d)For the purpose of this article, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined.
Plain-English Summary
Section 708.410 addresses a specific gap in ordinary collection tools: a debtor who owes money under one judgment might separately be chasing a settlement or verdict of their own in a different lawsuit. Without this article, the creditor would have no easy way to reach those proceeds until the debtor collected them. This section lets the creditor step in early by placing a lien directly on the debtor's cause of action, and on whatever judgment the debtor eventually wins in that other case.
To create the lien, the creditor files a notice of lien along with an abstract or certified copy of the money judgment in the pending action or proceeding itself, not in the case where the creditor's own judgment was entered. The creditor then must serve that filing, personally or by mail, on any party who has already appeared in the other case. Skipping service does not undo the lien, but it does mean a party's rights are not affected by the lien until that party has notice of it.
The lien stays in place as long as the other case counts as pending, which subdivision (d) defines broadly: until the time to appeal has run or, if an appeal is taken, until the appeal is finally resolved. Section 708.420 spells out what the notice of lien must say, and § 708.480 covers how the lien is eventually enforced.
Frequently Asked Questions
What does a lien under § 708.410 attach to?
Two things: the debtor's cause of action for money or property in the pending lawsuit, and the debtor's rights to money or property under any judgment later obtained in that case.
Where does the creditor file the notice of lien?
In the pending action or special proceeding itself, along with an abstract or certified copy of the creditor's own money judgment.
Does the creditor have to notify the other parties in the case?
Yes. The creditor must serve a copy of the notice of lien and the filing date on any party who has already appeared, personally or by mail, though failing to do so does not undo the lien itself.
How long does a case count as pending for purposes of this lien?
Until the time to appeal the judgment has expired or, if an appeal is filed, until the appeal is finally decided.
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:lien in pending action californiajudgment creditor lien pending lawsuitlien on cause of action california