LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCivil CodeDiv. 4Pt. 2Ch. 3§ 3446 Creditor Transfer Undertaking Protection

§ 3446 Creditor Transfer Undertaking Protection

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3446 Creditor Transfer Undertaking Protection

Key Takeaways

  • •If someone owes you money and tries to hide or give away their stuff to avoid paying, you can take them to court.
  • •The person who got the stuff can promise to pay you later if the court says they have to give it back.
  • •While waiting for the court to decide, the person can still sell or use the stuff they got, and the new owner keeps it even if the court says the original transfer was wrong.

Example

Imagine your friend owes you $1,000 but gives his expensive bike to his cousin to avoid paying you back.

You can go to court to get the bike back. The cousin can promise to pay you if the court says the bike was given to him unfairly. While waiting for the court’s decision, the cousin can still sell the bike, and the new owner gets to keep it even if the court later says the bike should not have been given away.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3446 Creditor Transfer Undertaking Protection

(a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligation is voidable as to the creditor, the transferee may give an undertaking as provided in this chapter. (b) If an undertaking is given as provided in this chapter, the transferee may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property or obligation, or a part thereof, and the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property or obligation takes, owns, holds, and possesses the property or obligation unaffected by the action and any judgment that is rendered in the action. (Amended by Stats. 2015, Ch. 44, Sec. 17. (SB 161) Effective January 1, 2016.)

Last verified: January 21, 2026

Key Terms

creditortransfer or obligationvoidableundertakingtransferee

Related Statutes

  • § 3447 Transferee Payment Undertaking Conditions
  • § 3449 Undertaking Effectiveness Timeline
  • § 3439.08 Fraudulent Transfer Protections
  • § 1511 Excused Performance Delays
  • § 1515 Creditor Refusal Of Performance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3446.
View Official Source