§ 491.410.Generally

Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Last amended 1984 · Last verified July 28, 2026

In one sentenceSection 491.410 lets a plaintiff obtain a lien on the defendant's cause of action in another pending case, and on any money or property the defendant later recovers by judgment there, by filing a notice of lien, a copy of the right to attach order, and a copy of the order permitting the lien in that other action or proceeding.

Full Text of § 491.410

Text sizeJump to: (a) (b) (c) (d)

(a) If the defendant is a party to a pending action or special proceeding, the plaintiff may obtain a lien under this article, to the extent required to secure the amount to be secured by the attachment, on both of the following:

(1) Any cause of action of the defendant for money or property that is the subject of the other action or proceeding, if the money or property would be subject to attachment if the defendant prevails in the action or proceedings.

(2) The rights of the defendant to money or property under any judgment subsequently procured in the other action or proceeding, if the money or property would be subject to attachment.

(b) To obtain a lien under this article, the plaintiff shall file all of the following in the other pending action or special proceeding:

(1) A notice of lien.

(2) A copy of the right to attach order.

(3) A copy of an order permitting creation of a lien under this article made by the court that issued the right to attach order.

(c) At the time of the filing under subdivision (b) or promptly thereafter, the plaintiff shall serve on all parties who, prior thereto, have made an appearance in the other action or special proceeding a copy of the notice of lien and a statement of the date when the notice of lien was filed in the other action or special proceeding. Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien.

(d) For the purpose of this article, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined.

End

Plain-English Summary

Sometimes the property a plaintiff wants to secure is not tangible at all -- it is the defendant's own lawsuit against someone else, still pending and not yet reduced to a judgment. Section 491.410(a) lets the plaintiff reach that asset: a lien, up to the amount needed to secure the attachment, on the defendant's cause of action in the other case (if the money or property at stake there would be attachable once the defendant wins) and on the defendant's rights under any judgment the other case later produces.

Subdivision (b) sets the filing mechanics: to obtain the lien, the plaintiff files a notice of lien, a copy of the right to attach order, and a copy of the § 491.415 order permitting the lien's creation -- all in the other pending action or special proceeding, not in the plaintiff's own case against the defendant.

Subdivision (c) requires the plaintiff to serve that notice, and the date it was filed, on everyone who has already appeared in the other action, promptly after filing. Failure to serve does not undo the lien itself, but a party's own rights are not affected by the lien until that party has notice of it. Subdivision (d) defines how long the other action or proceeding counts as pending for this article's purposes -- until the time to appeal its judgment has run, or, if an appeal is taken, until the appeal is finally decided.

Frequently Asked Questions

Can a plaintiff put a lien on a defendant's lawsuit against someone else?

Yes. Section 491.410(a) lets the plaintiff obtain a lien on the defendant's pending cause of action, and on the defendant's rights under a later judgment in it, to the extent needed to secure the attachment.

What must be filed to create this kind of lien?

Section 491.410(b) requires filing a notice of lien, a copy of the right to attach order, and a copy of the § 491.415 order permitting the lien's creation, all in the other pending action or proceeding.

If the plaintiff doesn't serve every party who has appeared, is the lien invalid?

No, but it has limited effect. Section 491.410(c) says failure to serve doesn't affect the lien itself, but a party's rights aren't affected by the lien until that party has notice of it.

Amendment History

Amended by Stats. 1984, Ch. 538, Sec. 8.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: lien on pending lawsuit california attachmentattach defendant's lawsuit against third party