California Collection Law: The Execution Lien

California Code of Civil Procedures Related to Collection Law

Per California Collection Law, levy under a writ of execution creates an execution lien on the property levied. See California Code of Civil Procedure Section 697.710. The lien’s duration is from the time of the levy until expiration of two years after the date of the writ’s issuance unless the judgment is satisfied sooner.

Except for a sale by a superior lienholder, and subject to California Code of Civil Procedure Section 701.630, if any interest in real property subject to an execution lien is transferred or encumbered,, “the interest transferred or encumbered” remains subject to the lien. See California Code of Civil Procedure Section 697.720.

Similarly, except for a sale by a superior lienholder or a sale of tangible personal property of a going business made in the ordinary course of business while a keeper is in charge, and subject to California Code of Civil Procedure Section 701.630, tangible personal property in the levying officer’s custody that is subject to the execution lien remains subject to the lien after its transfer or encumbrance. See California Code of Civil Procedure Section 697.730.

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