§ 708.755.Lien Created Against Lottery Prize

Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity · Enacted 1995 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 708.755 lets a creditor's lien continue against a lottery prize paid in yearly installments by filing a fresh affidavit with the lottery before each installment confirming the judgment remains unsatisfied, or by filing a certified renewal of the judgment, and provides that missing these filings expires the lien without barring a new enforcement attempt later.

Full Text of § 708.755

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(a) Upon compliance with this section, the lien of a judgment creditor pursuant to this article is created against a lottery prize to be paid in annual installments and shall continue in force and effect until the judgment is paid or expires, whichever occurs first. For the lien to continue in effect, the judgment creditor shall do all of the following:

(1) Commencing with the second installment against which the judgment lien creditor asserts its lien, annually file with the lottery an affidavit stating that the judgment has not been satisfied and the amount of the remaining unsatisfied judgment, including interest and costs, if any. This affidavit shall be filed with the lottery not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien.

(2) If the judgment lien is renewed, file with the lottery a certified copy of the renewal application, as authorized in this code not less than 45 days, nor more than 90 days, before the annual payment due date on the prize that is the subject of the judgment lien, in order for the judgment lien to be effective in continuing the existing judgment lien against the annual lottery prize payments.

(b) If the judgment lien creditor fails to file the annual statement, renewal of judgment, or renewal of abstract, the lien shall expire. Expiration of a lien for failure to comply with this section shall not preclude the judgment creditor from commencing a new procedure under this article to enforce the judgment, to the extent that the judgment otherwise continues to be enforceable under applicable law.

End

Plain-English Summary

A lottery prize paid out over many years does not fit neatly into a one-time filing. Section 708.755 addresses that by making the creditor renew the lien periodically rather than relying on the original filing indefinitely.

Starting with the second installment the creditor wants to reach, the creditor has to file an affidavit with the lottery each year, stating that the judgment remains unsatisfied and how much is still owed, including interest and costs. That filing has to land in a specific window, not less than 45 days, and not more than 90 days, before the annual payment date. If the underlying judgment lien is renewed, the creditor similarly has to file a certified copy of the renewal within that same window to keep the lien effective against future installments.

Missing any of these filings expires the lien, but subdivision (b) makes clear that this is not the end of the road, since the creditor can still start a new procedure under this article to enforce the judgment, so long as the judgment itself remains enforceable under other law.

Frequently Asked Questions

How does a creditor keep a lien in effect against future lottery installments?

By filing an affidavit with the lottery each year, in the 45-to-90-day window before the payment date, stating the judgment remains unsatisfied and the amount still owed.

What if the underlying judgment lien needs to be renewed?

The creditor must file a certified copy of the renewal application with the lottery in the same 45-to-90-day window before the payment date.

What happens if the creditor misses one of these filings?

The lien expires, but § 708.755(b) allows the creditor to start a new enforcement procedure under this article as long as the judgment is still otherwise enforceable.

Amendment History

Added by renumbering Section 708.750 (as added by Stats. 1995, Ch. 363) by Stats. 1996, Ch. 124, Sec. 14. Effective January 1, 1997.

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 against lottery winnings californiacollecting judgment from lottery prize