"Creditor" means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the plaintiff.
§ 720.020.Creditor
Title 9. Enforcement of Judgments · Division 4 · Chapter 1. Definitions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.020 defines "creditor" to mean the judgment creditor generally, or the plaintiff specifically when the levy occurs under a writ of attachment or a prejudgment writ of possession of personal property.
Full Text of § 720.020
Plain-English Summary
Division 4's third-party claim procedure doesn't apply only after judgment — it also covers levies made under prejudgment provisional remedies, like a writ of attachment or a prejudgment writ of possession of personal property. This definition lets the rest of Division 4 use one word, "creditor," to cover both situations.
In the ordinary post-judgment setting, "creditor" means the judgment creditor. But when the property was levied on before judgment, under an attachment or a prejudgment writ of possession, the party who benefits from that levy is still a plaintiff, not yet a judgment creditor — so the definition reaches that person too.
Frequently Asked Questions
Who counts as a "creditor" under Division 4?
The judgment creditor, in the ordinary post-judgment setting, or the plaintiff when the levy was made under a writ of attachment or a prejudgment writ of possession of personal property.
Why does the definition need to cover both judgment creditors and plaintiffs?
Because Division 4's third-party claim procedure applies not only to post-judgment levies but also to prejudgment levies under attachment or a prejudgment writ of possession, where no judgment yet exists.
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: definition of creditor third party claim california