6-14/340.00 Pending Action



A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien by filing a notice of lien and an abstract or certified copy of the judgment creditor’s money judgment in the pending action or special proceeding.  The judgment creditor shall serve personally, or by mail, a copy of the notice of lien on all parties who have made an appearance in the action or special proceeding.   (CCP 708.410

The notice of lien shall contain (CCP 708.420):

  • a statement that a lien has been created
  • the court and the cause and number of the pending action
  • the name and last known address of the judgment debtor and judgment creditor
  • the title of the court and case number where the judgment was entered
  • judgment entry date any subsequent renewals
  • the amount required to satisfy the judgment at the time the notice of lien is filed
  • A statement that the lien attaches to any cause of action of the judgment debtor that is the subject of the action or proceeding and to the judgment debtor’s rights to money or property under any judgment subsequently procured in the action or proceeding.
  • A statement that no compromise, dismissal, settlement, or satisfaction of the pending action or proceeding or any of the judgment debtor’s rights to money or property under any judgment procured therein may be entered into by or on behalf of the judgment debtor, and that the judgment debtor may not enforce the judgment debtor’s rights to money or property under any judgment procured in the action or proceeding by a writ or otherwise, unless:
  • The prior approval by order of the court in which the action or proceeding is pending has been obtained, or
  • The written consent of the judgment creditor has been obtained or the judgment creditor has released the lien, or
  • The money judgment of the judgment creditor has been satisfied.
  • A statement that the judgment debtor may claim an exemption for all or any portion of the money or property within 30 days after the judgment debtor has notice of the creation of the lien and
  • a statement that, if the exemption is not claimed within the time allowed, the exemption is waived.

Other codified references for regarding liens in pending actions: (CCP 708.410 – 708.480