Except as otherwise provided by statute, a lien created under this division or under Title 6.5 (commencing with Section 481.010) (attachment) is a lien for the amount required to satisfy the money judgment.
LiensGeneral Provisions
Section § 697.010
If a lien is created under this section or another part of the law starting with section 481.010, it's basically a claim on property to ensure a debt is paid. The lien has to cover the amount needed to fulfill a money judgment.
lien money judgment amount required
Section § 697.020
This law is about priority in liens on property. If you have a lien on a property because of an initial court action, and then you attach another lien on the same property for the same claim, the new lien takes priority as if it was created at the same time as the first. This also applies if the new lien is of a different type. However, this rule does not affect the rights or priorities of other people who already had established claims while the first lien was active.
(a)CA Civil Procedure Code § 697.020(a) If a lien is created on property pursuant to Title 6.5 (commencing with Section 481.010) (attachment) and after judgment in the action a lien is created pursuant to this division on the same property under the same claim while the earlier lien is in effect, the priority of the later lien relates back to the date the earlier lien was created.
(b)CA Civil Procedure Code § 697.020(b) If a lien is created on property pursuant to this division and a later lien of the same or a different type is created pursuant to this division on the same property under the same judgment while the earlier lien is in
effect, the priority of the later lien relates back to the date the earlier lien was created.
(c)CA Civil Procedure Code § 697.020(c) Nothing in this section affects priorities or rights of third persons established while the earlier lien was in effect under the law governing the earlier lien.
lien priority property lien attachment lien
Section § 697.030
This law says that a lien, which is a legal claim on someone's property because they owe money, lasts as long as the judgment that created it can be enforced, unless there's another law that says it should last for a shorter time.
Subject to Sections 683.180 to 683.200, inclusive, and to Section 697.040, except where a shorter period is provided by statute, a lien created pursuant to this title is effective during the period of enforceability of the judgment.
lien duration enforceability of judgment shorter period provision
Section § 697.040
This section explains what happens to liens, which are legal claims on property, if the collection of a court-ordered payment (a judgment) is paused, such as during an appeal. If a sufficient appeal bond is posted, current liens are canceled and new ones can't be set up. However, certain types of liens can still be made unless the court decides otherwise. The rules are similar if the judgment is paused for other specified reasons: existing liens are canceled, and new ones can't be created unless the court says otherwise.
(a)CA Civil Procedure Code § 697.040(a) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13:
(1)CA Civil Procedure Code § 697.040(a)(1) Existing liens created under this division are extinguished.
(2)CA Civil Procedure Code § 697.040(a)(2) New liens may not be created under this division during the period of the stay.
(b)CA Civil Procedure Code § 697.040(b) Unless the court otherwise expressly orders, a stay of enforcement of the judgment under Section 918 does not extinguish or prevent
the creation of a lien under Article 2 (commencing with Section 697.310) or Article 3 (commencing with Section 697.510); but, unless the court otherwise expressly orders, no other liens may be created or continued under this division during the period of the stay of enforcement.
(c)CA Civil Procedure Code § 697.040(c) Unless the court expressly orders otherwise, if enforcement of the judgment is stayed pursuant to Section 1699 or 1710.50:
(1)CA Civil Procedure Code § 697.040(c)(1) Existing liens created under this division are extinguished.
(2)CA Civil Procedure Code § 697.040(c)(2) New liens may not be created under this division during the period of the stay.
appeal stay judgment enforcement liens extinguished
Section § 697.050
If a lien on a property is removed, the property must be freed unless there's another lien on it or a court decides to keep it because of an ongoing dispute about who should get it.
If a lien created pursuant to this division is extinguished, property held subject to the lien shall be released unless the property is to be held under another lien or the property is ordered by the court to be held pending resolution of a dispute concerning its proper disposition.
lien extinguished property released held under another lien
Section § 697.060
If you have a money judgment from a U.S. court that can be enforced in California, you can record it to create a lien on someone's real estate. Similarly, you can file a notice to put a lien on their personal property if you have such a judgment.
(a)CA Civil Procedure Code § 697.060(a) An abstract or certified copy of a money judgment of a court of the United States that is enforceable in this state may be recorded to create a judgment lien on real property pursuant to Article 2 (commencing with Section 697.310).
(b)CA Civil Procedure Code § 697.060(b) A notice of judgment lien based on a money judgment of a court of the United States that is enforceable in this state may be filed to create a judgment lien on personal property pursuant to Article 3 (commencing with Section 697.510).
money judgment U.S. court judgment lien
