§ 491.420.Notice of Lien

Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 491.420 lists the seven items a notice of lien under § 491.410 must contain, including the parties' names and addresses, the amount secured, a statement of what the lien attaches to, and a warning that the pending action cannot be settled or a resulting judgment enforced without the plaintiff's consent or court approval.

Full Text of § 491.420

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

The notice of lien under Section 491.410 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 defendant.

(d) The title of the court where the plaintiff's action against the defendant is pending and the cause and number of the action.

(e) The amount required to secure the amount to be secured by the attachment 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 defendant that is the subject of such action or proceeding and to the defendant'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 defendant's rights to money or property under any judgment procured therein may be entered into by or on behalf of the defendant, and that the defendant may not enforce the defendant's rights to money or property under any judgment procured in the pending 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 plaintiff has been obtained or the plaintiff has released the lien.

End

Plain-English Summary

The notice of lien that § 491.410(b) requires to be filed has its own detailed content checklist under § 491.420. It must state that a lien has been created, along with the title of the court and the cause and number of the pending action or proceeding where the notice is filed; the defendant's name and last known address; the plaintiff's name and address; and the title of the court, cause, and number of the plaintiff's own action against the defendant.

It must also state the amount required to secure the attachment as of the filing date, and it must describe what the lien reaches -- the defendant's cause of action in the pending matter and the defendant's rights to any money or property under a resulting judgment.

The final requirement is the most consequential for everyone else in that other case: the notice must warn that no compromise, dismissal, settlement, or satisfaction of the pending action, and no enforcement of the defendant's judgment rights, may happen unless either the court in that action approves it by order, or the plaintiff consents in writing or releases the lien.

Frequently Asked Questions

What information must a notice of lien under § 491.410 include?

Section 491.420 requires the lien statement and case details, the defendant's and plaintiff's names and addresses, the secured amount, a description of what the lien attaches to, and a warning about restrictions on settling or enforcing the pending case.

Can the defendant settle the other lawsuit without the plaintiff's involvement once a lien is on file?

Not freely. Section 491.420(g) requires either court approval or the plaintiff's written consent (or release of the lien) before any compromise, dismissal, settlement, or judgment enforcement in the pending action.

Amendment History

Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

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: notice of lien contents california attachmentsettlement restriction lien pending action