Statute · California Code of Civil Procedure
Cal. Civ. Proc. Code § 491.330 — Creditor’s Suit
Cal. Civ. Proc. Code § 491.330
- Type
- Statute
- Source
- California Code of Civil Procedure
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
Citator
Cal. Civ. Proc. Code § 491.330 — Creditor’s Suit is in force in the current edition of the Code, and nothing recorded condemns it.
(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
(1) The time when the defendant may bring an action against the third person concerning the property or debt.
(2) One year after creation of an attachment lien on the property or debt pursuant to this title if the lien is created at the time when the defendant may bring an action against the third person concerning the property or debt.
(b) An action may not be commenced pursuant to this article if the attachment lien is not in effect.
(c) If an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment so long as the attachment lien or a lien of the plaintiff on the same property pursuant to Title 9 (commencing with Section 680.010) is in effect.