§ 697.590.Conflicting Interests

Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 3. Judgment Lien on Personal Property · Last amended 2010 · Last verified July 28, 2026

In one sentenceSection 697.590 sets priority rules between a personal-property judgment lien and a conflicting security interest or agricultural lien, generally ranking them by whichever was first filed or perfected, while giving special protection to purchase-money security interests, agricultural liens whose statute says so, and out-of-state perfected security interests.

Full Text of § 697.590

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

(a) As used in this section:

(1) "Filing" means:

(A) With respect to a judgment lien on personal property, the filing of a notice of judgment lien in the office of the Secretary of State to create a judgment lien on personal property under this article.

(B) With respect to a security interest or agricultural lien, as defined in paragraph (5) of subdivision (a) of Section 9102 of the Commercial Code, the filing of a financing statement pursuant to Division 9 (commencing with Section 9101) of the Commercial Code.

(2) "Perfection" means perfection of a security interest or agricultural lien pursuant to Division 9 (commencing with Section 9101) of the Commercial Code.

(3) "Personal property" means:

(A) With respect to a judgment lien on personal property, the property to which a judgment lien has attached pursuant to this article.

(B) With respect to a security interest, the collateral subject to a security interest pursuant to Division 9 (commencing with Section 9101) of the Commercial Code.

(C) With respect to an agricultural lien, the farm products subject to an agricultural lien pursuant to Division 9 (commencing with Section 9101) of the Commercial Code.

(4) "Purchase money security interest" has the same meaning as used in Section 9103 of the Commercial Code.

(b) Except as provided in subdivisions (d), (e), (g), and (h), priority between a judgment lien on personal property and a conflicting security interest or agricultural lien in the same personal property shall be determined according to this subdivision. Conflicting interests rank according to priority in time of filing or perfection. In the case of a judgment lien, priority dates from the time filing is first made covering the personal property. In the case of a security interest or agricultural lien, priority dates from the earlier of the time a filing is first made covering the personal property or the time the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.

(c) For the purposes of subdivision (b), a date of filing or perfection as to personal property is also a date of filing or perfection as to proceeds.

(d) A purchase money security interest has priority over a conflicting judgment lien on the same personal property or its proceeds if the purchase money security interest is perfected at the time the judgment debtor, as a debtor under the security agreement, receives possession of the personal property or within 20 days thereafter.

(e) If a purchase money security interest in inventory has priority over a judgment lien pursuant to subdivision (d) and a conflicting security interest has priority over the purchase money security interest in the same inventory pursuant to Section 9324 of the Commercial Code, the conflicting security interest also has priority over the judgment lien on the inventory subject to the purchase money security interest, notwithstanding that the conflicting security interest would not otherwise have priority over the judgment lien.

(f) A judgment lien that has attached to personal property, and that is also subordinate under subdivision (b) to a security interest in the same personal property, is subordinate to the security interest only to the extent that the security interest secures advances made before the judgment lien attached or within 45 days thereafter or made without knowledge of the judgment lien or pursuant to a commitment entered into without knowledge of the judgment lien. For the purpose of this subdivision, a secured party shall be deemed not to have knowledge of a judgment lien on personal property until (1) the judgment creditor serves a copy of the notice of judgment lien on the secured party personally or by mail and (2) the secured party has knowledge of the judgment lien on personal property, as "knowledge" is defined in Section 1201 of the Commercial Code. If service on the secured party is by mail, it shall be sent to the secured party at the address shown in the financing statement or security agreement.

(g) A perfected agricultural lien on personal property has priority over a judgment lien on the same personal property if the statute creating the agricultural lien so provides.

(h) A security interest in personal property perfected by the filing of a financing statement under the law of a jurisdiction other than this state, or perfected by another method pursuant to the law of a jurisdiction other than this state, has priority over a judgment lien in the same personal property.

End

Plain-English Summary

This section is where the personal-property judgment lien meets Commercial Code Article 9 head-on. The baseline rule in subdivision (b) is a race-style test borrowed straight from secured-transactions law: whichever interest was first filed or perfected wins, and a date of filing or perfection for the underlying property also counts as the date for its proceeds.

Several exceptions bend that baseline in favor of secured lenders. A purchase money security interest beats a conflicting judgment lien if it's perfected when the debtor gets possession of the collateral or within 20 days after — the same grace period Article 9 gives PMSI holders against other secured parties. If a PMSI in inventory already outranks the judgment lien, and a separate security interest outranks that PMSI under Commercial Code § 9324, the separate security interest leapfrogs the judgment lien too. A judgment lien that is otherwise subordinate to a security interest stays subordinate only as to advances made before the lien attached, within 45 days after, or without the secured party's knowledge of the lien — and a secured party isn't deemed to have that knowledge until served with a copy of the notice and having knowledge as the Commercial Code defines it.

Two more categories get outright priority over the judgment lien: an agricultural lien whose own authorizing statute says it outranks other liens, and a security interest perfected under another state's law rather than California's filing system.

Frequently Asked Questions

How is priority generally decided between a judgment lien and a security interest in the same property?

By a first-in-time rule: whichever interest was first filed or perfected has priority, under § 697.590(b).

Does a purchase money security interest beat a judgment lien?

Yes, if the PMSI is perfected when the debtor takes possession of the collateral or within 20 days afterward.

When does a judgment lien stay subordinate to a security interest even though the lien attached first?

As to advances the secured party made before the lien attached, within 45 days after, or without knowledge of the lien, under § 697.590(f).

How does a secured party get "knowledge" of a judgment lien for this purpose?

Only once the judgment creditor serves a copy of the notice of judgment lien and the secured party has knowledge as the Commercial Code defines that term.

Does an out-of-state security interest lose priority to a California judgment lien?

No. Section 697.590(h) gives priority to a security interest perfected under another jurisdiction's law over a conflicting judgment lien.

Amendment History

Amended by Stats 2009 ch 153 (AB 1549),s 2, eff. 1/1/2010. EFFECTIVE 7/01/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).

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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