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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 6§ 8468 Claimant Rights Preserved

§ 8468 Claimant Rights Preserved

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

§ 8468 Claimant Rights Preserved

Key Takeaways

  • •If someone owes you money, you can still sue them even if you have a lien on their property.
  • •You can ask the court to freeze someone’s property (writ of attachment) even if you’ve already filed a lien.
  • •Winning a lawsuit against someone doesn’t cancel your lien, but any money you get from the lawsuit reduces what they owe on the lien.

Example

You fixed someone’s car, but they didn’t pay you. You filed a lien on their car, but they still won’t pay.

You can still sue them for the money they owe. If you win, the money they pay you will reduce what they owe on the lien. You can also ask the court to freeze their car so they can’t sell it before paying you.

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

Official Source
View on CA.gov

§ 8468 Claimant Rights Preserved

(a) This chapter does not affect any of the following rights of a claimant: (1) The right to maintain a personal action to recover a debt against the person liable, either in a separate action or in an action to enforce a lien. (2) The right to a writ of attachment. In an application for a writ of attachment, the claimant shall refer to this section. The claimant’s recording of a claim of lien does not affect the right to a writ of attachment. (3) The right to enforce a judgment. (b) A judgment obtained by the claimant in a personal action described in subdivision (a) does not impair or merge the claim of lien, but any amount collected on the judgment shall be credited on the amount of the lien. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

claimantpersonal actionwrit of attachmentjudgmentlien

Related Statutes

  • § 8470 Contractor Lien Defense Costs
  • § 8424 Lien Release Bond Requirements
  • § 8464 Lien Enforcement Cost Recovery
  • § 9510 Stop Payment Notice Release
  • § 1204 Judgment Copy Recording Effect

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8468.
View Official Source