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§ 708.470.Application For Order to Apply Judgment Debtor's Rights Under Judgment to Satisfy Lien

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 708.470 lets any party to the pending action apply on noticed motion for a court order directing that the debtor's rights to money or property under the judgment be applied to satisfy the lien, lets the court freeze property pending that application, and imposes liability on anyone who ignores a known lien.

Full Text of § 708.470

Text sizeJump to: (a) (b) (c)

(a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor's rights to money or property under the judgment be applied to the satisfaction of the lien created under this article as ordered by the court. Application for an order under this section shall be on noticed motion. The notice of motion shall be served on all other parties. Service shall be made personally or by mail.
(b) If the judgment determines that the judgment debtor has an interest in property, the court may order the party having custody or control of the property not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the lien created under this article.
(c) If the court determines that a party (other than the judgment debtor) having notice of the lien created under this article has transferred property that was subject to the lien or has paid an amount to the judgment debtor that was subject to the lien, the court shall render judgment against the party in an amount equal to the lesser of the following:
(1) The value of the judgment debtor's interest in the property or the amount paid the judgment debtor.
(2) The amount of the judgment creditor's lien created under this article.

Plain-English Summary

Once the debtor wins something in the pending case, this section provides the mechanism for turning the lien into real payment. Any party to the action, not just the creditor, may apply on noticed motion, served on everyone else, for an order directing that the debtor's rights to money or property under the judgment be applied to satisfy the lien as the court directs.

Subdivision (b) lets the court protect the property in the meantime: if the judgment gives the debtor an interest in specific property, the court can order whoever has custody or control of it not to transfer it until it can be levied on or otherwise applied to the lien.

Subdivision (c) adds teeth for anyone who ignores the lien. If a party other than the debtor, knowing about the lien, transfers property subject to it, or pays the debtor an amount subject to it, the court renders judgment against that party for the lesser of the value transferred or paid, or the amount of the creditor's lien. That exposure gives third parties a strong incentive to respect a lien they know about.

Frequently Asked Questions

Who can apply for an order applying the debtor's recovery to the lien?

Any party to the action or special proceeding, not only the judgment creditor.

Can the court stop someone from transferring property the debtor won in the case?

Yes. Section 708.470(b) lets the court order the person with custody or control of the property not to transfer it until it can be applied to the lien.

What happens if someone transfers property or pays the debtor despite knowing about the lien?

The court renders judgment against that person for the lesser of the property's value or payment made, or the amount of the creditor's lien.

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: applying judgment proceeds to lien californiaorder to satisfy lien from judgment