§ 708.430.Intervention In Proceeding By Judgment Creditor

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 708.430 lets the court presiding over the pending action or proceeding permit a judgment creditor holding a lien under this article to intervene under § 387, and treats the creditor as a party for the exemption and enforcement procedures in §§ 708.450 and 708.470 even without formal intervention.

Full Text of § 708.430

Text sizeJump to: (a) (b)

(a) The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding pursuant to Section 387.

(b) For the purposes of Sections 708.450 and 708.470, a judgment creditor shall be deemed to be a party to the action or special proceeding even though the judgment creditor has not become a party to the action or proceeding under subdivision (a).

Plain-English Summary

Holding a lien under this article does not automatically make the creditor a party to the lawsuit the lien attaches to. Section 708.430 gives the creditor a path to become one: the court hearing that case may allow the creditor to intervene, following the general intervention procedure in § 387.

Intervention is not required, though. Subdivision (b) makes clear that even a creditor who never formally intervenes is still treated as a party for two specific purposes, challenging the debtor's claim of exemption under § 708.450, and applying for an order directing the debtor's judgment proceeds toward the lien under § 708.470. That gives the creditor practical standing to protect the lien without necessarily taking on the burdens of full party status in someone else's litigation.

Frequently Asked Questions

Does a judgment creditor with a lien under this article automatically become a party to the other lawsuit?

No. The creditor may ask the court to permit intervention under § 387, but intervention is discretionary, not automatic.

Can a creditor protect the lien without intervening?

Yes. Section 708.430(b) treats the creditor as a party for purposes of the exemption procedure under § 708.450 and the application procedure under § 708.470, whether or not the creditor has intervened.

What procedure governs a creditor's request to intervene?

The general intervention procedure set out in § 387.

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: creditor intervention lien californiaintervening in pending action for lien