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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 2. OF CIVIL ACTIONS |
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Title 9. ENFORCEMENT OF JUDGMENTS |
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Division 2. ENFORCEMENT OF MONEY JUDGMENTS |
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Chapter 6. Miscellaneous Creditors’ Remedies |
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ARTICLE 5. Lien in Pending Action or Proceeding |
Section 708.420.
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The notice of lien under Section 708.410 shall contain all of the following:
(a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed.
(b) The name and last known address of the judgment debtor.
(c) The name and address of the judgment creditor.
(d) The title of the court where the judgment creditor's money judgment is entered and the cause and number of the action, the date of entry of the judgment, and the date of any subsequent renewals, and where entered in the records of the court.
(e) The amount required to satisfy the judgment creditor's money judgment at the time the notice of lien is filed in the action or proceeding.
(f) 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.
(g) 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 one of the following requirements is satisfied:
(1) The prior approval by order of the court in which the action or proceeding is pending has been obtained.
(2) The written consent of the judgment creditor has been obtained or the judgment creditor has released the lien.
(3) The money judgment of the judgment creditor has been satisfied.
(h) 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.