State statute
California Code of Civil Procedure — ARTICLE 4. Charging Orders 708.310-708.320
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-24
- Last updated
- 2026-10-03
- Jurisdiction
- California
ARTICLE 4. Charging Orders 708.310-708.320¶
§ 708.310¶
If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor’s interest pursuant to Section 15907.03, 16504, or 17705.03 of the Corporations Code.
(Amended by Stats. 2021, Ch. 124, Sec. 12. (AB 938) Effective January 1, 2022.)
§ 708.320¶
(a) A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following:
(1) All partners or the partnership.
(2) All members or the limited liability company.
(b) If a charging order is issued, the lien created pursuant to subdivision (a) continues under the terms of the order. If issuance of the charging order is denied, the lien is extinguished.
(Amended by Stats. 2002, Ch. 451, Sec. 2. Effective January 1, 2003.)