In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney's fees to the prevailing party.
§ 724.260.Attorney's Fees to Prevailing Party
Title 9. Enforcement of Judgments · Division 5 · Chapter 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 724.260 requires the court to award reasonable attorney's fees to the prevailing party in any action or proceeding maintained under this chapter governing satisfaction of matured installments.
Full Text of § 724.260
Plain-English Summary
This section closes out Chapter 3 the same way § 724.080 closes out Chapter 1 — with a mandatory, mutual fee-shifting rule. Whether the proceeding is the motion to compel under § 724.230, an action for damages under § 724.240, or any other action or proceeding maintained under this chapter, the court has to award reasonable attorney's fees to whichever party prevails.
Because the fee award isn't limited to the debtor, a creditor who successfully defends a demand that wasn't well founded — say, where the installments weren't really matured or satisfied as claimed — can also recover fees under this section. That mutual exposure gives both sides an incentive to be accurate about the state of an installment judgment before turning to court.
Frequently Asked Questions
Who can recover attorney's fees under this section?
Whichever party prevails in an action or proceeding maintained under this chapter, whether that's the debtor or the creditor.
Is the fee award mandatory or discretionary?
Mandatory. Section 724.260 requires the court to award reasonable attorney's fees to the prevailing party.
Does this mirror the fee rule for full satisfaction of judgment?
Yes, it parallels § 724.080's fee-shifting rule for Chapter 1's full-satisfaction procedures, applied here to matured installments under an installment judgment.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2.3 (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: attorney's fees matured installments dispute californiaprevailing party fees installment judgment