Property Judgment Liens in California

A property lien may be utilized to collect a court judgment in California. This is how it works.

In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.

So, how do California judgment liens work? Continue reading to learn the rules. (For additional information on liens on property and judgements in general, see

What types of property are susceptible to a judgment lien in California?

A judgment lien in California may be connected to the debtor’s real estate (a home, condo, land, or similar kind of property interest) or to the debtor’s personal property (items like jewelry, art, antiques, and other valuables). (Judgment liens may only be affixed to personal property in particular jurisdictions.)

In California, how can a creditor get a judgment lien?

The creditor may take or send the Abstract of Judgment to the county recorder’s office in any California county where the debtor owns real estate now or may possess it in the future to place a lien on it. In the case of personal property, the creditor files a Notice of Judgment Lien with the California Secretary of State or serves a notice of a debtor’s examination on the debtor.

In California, how long does a judgment lien last?

In California, a judgment lien remains connected to the debtor’s property for 10 years (even if the property changes ownership).

Keep in mind that in California, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert California bankruptcy and debt attorney to assist you in resolving any lien concerns.

Where can I get information on California law regarding judgment liens?

If you want to go straight to the source and seek out California laws on judgment liens – maybe you’re a party to a judgment or merely looking for possible encumbrances on property – the applicable statute(s) can be found in Cal. Civ. Proc. Code sections 697.310, 697.340. For assistance in researching California state legislation,