(a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor's money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or otherwise, and no compromise, dismissal, settlement, or satisfaction of the pending action or special proceeding or the judgment procured therein may be entered into by or on behalf of the judgment debtor, without the written consent of the judgment creditor or authorization by order of the court obtained under subdivision (b).
§ 708.440.Consent of Judgment Creditor Or Court Order For Judgment Debtor to Enforce 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 708.440 blocks the debtor from enforcing, settling, or dismissing the judgment or case that a § 708.410 lien attaches to unless the creditor's judgment is paid, the lien is released, the creditor consents in writing, or the court authorizes it after a noticed hearing on the debtor's application.
Full Text of § 708.440
(b) Upon application by the judgment debtor, the court in which the action or special proceeding is pending or the judgment procured therein is entered may, in its discretion, after a hearing, make an order described in subdivision (a) that may include such terms and conditions as the court deems necessary. The application for an order under this subdivision shall be made on noticed motion. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.
Plain-English Summary
This section carries out the restriction that § 708.420(g)'s notice already warns about. Once a lien exists under this article, the debtor cannot enforce any judgment recovered in the pending action, and nobody can compromise, dismiss, settle, or otherwise satisfy the case or its judgment on the debtor's behalf, unless the creditor's own money judgment is paid off, the lien is released, or the creditor consents in writing.
The one other way around the block is a court order. Subdivision (b) lets the debtor apply, on noticed motion served on the creditor, for permission to enforce or settle the case despite the lien. The court decides after a hearing and may attach whatever terms and conditions it considers necessary, for example requiring proceeds to be set aside or paid into court pending resolution of the lien.
Frequently Asked Questions
Can a judgment debtor settle the pending case while a § 708.410 lien is in effect?
Only if the creditor's judgment is satisfied, the lien is released, the creditor consents in writing, or the court authorizes the settlement after a noticed hearing.
How does a debtor ask the court for permission to settle or enforce despite the lien?
By filing an application on noticed motion in the court where the action or proceeding is pending, and serving the creditor personally or by mail.
Can the court attach conditions to an order allowing the debtor to proceed?
Yes, § 708.440(b) lets the court include whatever terms and conditions it deems necessary in the order.
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: settling lawsuit with lien californiacourt order to enforce judgment despite lien