"Debtor" means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the defendant.
§ 720.030.Debtor
Title 9. Enforcement of Judgments · Division 4 · Chapter 1. Definitions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 720.030 defines "debtor" to mean the judgment debtor generally, or the defendant specifically when the levy occurs under a writ of attachment or a prejudgment writ of possession of personal property.
Full Text of § 720.030
Plain-English Summary
This is the mirror image of § 720.020's "creditor" definition. In the usual post-judgment case, "debtor" means the judgment debtor whose property was levied on to satisfy the judgment. But when the levy happened earlier, under a writ of attachment or a prejudgment writ of possession of personal property, that person is still a defendant rather than a judgment debtor — so the definition covers that person as well.
Together with § 720.020, this definition lets Division 4's third-party claim provisions, starting with § 720.110's eligibility rules, speak of "creditor" and "debtor" generically without separately tracking whether the underlying proceeding is prejudgment or post-judgment.
Frequently Asked Questions
Who counts as a "debtor" under Division 4?
The judgment debtor, in the ordinary post-judgment setting, or the defendant when the levy was made under a writ of attachment or a prejudgment writ of possession of personal property.
Does this definition change who's liable on the underlying claim?
No, it just gives Division 4 a single generic term to use regardless of whether the proceeding is prejudgment or post-judgment.
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 debtor third party claim california