§ 697.380.Priorities of Liens

Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 2. Judgment Lien on Real Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 697.380 sets the priority rules among judgment liens on real property, giving each lump-sum lien priority over later lump-sum liens, splitting priority between a lump-sum lien and an installment lien based on when installments matured or costs and interest were added, and ranking successive installment liens and simultaneous after-acquired-property liens by timing.

Full Text of § 697.380

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

(a) As used in this section:

(1) "Installment judgment lien" means a judgment lien created under Section 697.320.

(2) "Lump-sum judgment lien" means a judgment lien created under Section 697. 310.

(b) Except as otherwise provided by law, the rules stated in this section govern the priorities of judgment liens on real property.

(d) A lump-sum judgment lien has priority over an installment judgment lien as to all of the following:

(1) Installments that mature on the installment judgment after the lump-sum judgment lien is created.

(2) Interest that accrues on the installment judgment after the lump-sum judgment lien is created.

(3) Costs that are added to the installment judgment after the lump-sum judgment lien is created.

(e) An installment judgment lien has priority over a lump-sum judgment lien as to all of the following:

(1) Installments that have matured on the installment judgment before the lump-sum judgment lien is created.

(2) Interest that has accrued on the installment judgment before the lump-sum judgment lien is created.

(3) Costs that have been added to the installment judgment before the lump-sum judgment lien is created.

(f) If an installment judgment lien has been created and another installment judgment lien is thereafter created, the first installment judgment lien has priority over the second installment judgment lien as to the installments that have matured on the judgment at the time the second installment judgment lien is created, the interest that has accrued prior to that time on the judgment, and the costs that have been added prior to that time to the judgment pursuant to Chapter 5 (commencing with Section 685.010) of Division 1. Thereafter, priorities are determined by the time at which each installment matures on a judgment, the time the interest accrues on a judgment, and the time costs are added to a judgment pursuant to Chapter 5 (commencing with Section 685.010) of Division 1.

(g) For the purposes of this section, if two judgment liens attach to the same property at the same time under subdivision (b) of Section 697.340 (after-acquired property), the judgment lien that was first created has priority as to all amounts that are due and payable on that judgment at the time the property is acquired.

End

Plain-English Summary

When more than one judgment lien attaches to the same real property, § 697.380 sorts out who gets paid first. It works with two defined terms: an "installment judgment lien" is one created under § 697.320, and a "lump-sum judgment lien" is one created under § 697.310.

The baseline rules follow a clear pattern. A lump-sum lien beats any lump-sum lien created after it. Between a lump-sum lien and an installment lien, priority splits by timing -- the lump-sum lien wins as to installments that mature, interest that accrues, and costs added to the installment judgment after the lump-sum lien was created, while the installment lien wins as to installments, interest, and costs that predate the lump-sum lien.

Subdivision (f) handles two installment liens on the same judgment debtor's property: the earlier one has priority over the later one as to everything matured, accrued, or added before the later lien was created, and after that point, priority for each further installment, interest increment, and cost addition is set by the timing of each event itself. Subdivision (g) resolves a special case -- when two liens attach at the same time to newly acquired property under § 697.340(b) -- by giving priority, for amounts currently due and payable, to whichever lien was created first.

Frequently Asked Questions

What's the difference between a lump-sum and installment judgment lien for priority purposes?

A lump-sum judgment lien is one created under § 697.310; an installment judgment lien is one created under § 697.320. Section 697.380 uses those defined terms to set their relative priority.

Does a lump-sum lien always beat an installment lien?

Not entirely -- it has priority as to installments, interest, and costs on the installment judgment that arise after the lump-sum lien is created, but the installment lien keeps priority as to those same items if they arose earlier.

How is priority set between two liens that attach to the same after-acquired property at the same time?

Section 697.380(g) gives priority, for amounts due and payable at the time the property is acquired, to whichever lien was created first.

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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

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