Miscellaneous Creditors’ RemediesOther Enforcement Procedures

Section § 709.010

Explanation

This law explains how a person's interest in a trust can be used to satisfy a debt they owe if a court decides so. If someone who owes money (a judgment debtor) is a beneficiary of a trust, their creditor must request the court's permission to access their share of the trust. The court can then decide how that trust interest may be used to pay off the debt. This might include putting a lien on the debtor's share or selling it. The law also notes that there are existing rules that limit how much of a person's interest in a trust can be accessed for paying debts, and these limits still apply.

(a)CA Civil Procedure Code § 709.010(a) As used in this section, “trust” has the meaning provided in Section 82 of the Probate Code.
(b)CA Civil Procedure Code § 709.010(b) The judgment debtor’s interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under this section by a judgment creditor to a court having jurisdiction over administration of the trust as prescribed in Part 5 (commencing with Section 17000) of Division 9 of the Probate Code. The judgment debtor’s interest in the trust may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper, including but not limited to imposition of a lien on or sale of the judgment debtor’s interest, collection of trust income, and liquidation and transfer of trust property by the trustee.
(c)CA Civil Procedure Code § 709.010(c) Nothing in this section affects the limitations on the enforcement of a money judgment against the judgment debtor’s interest in a trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of the Probate Code, and the provisions of this section are subject to the limitations of that chapter.
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Section § 709.020

Explanation

If you owe someone money due to a court order, they can ask the court to use any potential future interests you may have in property—like an inheritance that isn't yours yet—to pay off the debt. The court will decide the best way to handle this to ensure both sides are treated fairly. This could mean placing a lien on your future interest or even selling it.

The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgment debtor in property that is not vested in the judgment debtor. The interest of the judgment debtor may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper to protect the interests of both the judgment debtor and judgment creditor, including but not limited to the imposition of a lien on or the sale of the judgment debtor’s interest.
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Section § 709.030

Explanation

This law states that if you're trying to collect money you're owed from someone whose property is in a guardianship or conservatorship, you can't directly enforce a money judgment using the usual methods. Instead, you need to ask the court handling the guardianship or conservatorship for an order to pay the judgment.

Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in which the guardianship or conservatorship proceeding is pending under Division 4 (commencing with Section 1400) of the Probate Code for an order requiring payment of the judgment.
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