California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 4 — Mechanics Lien, Article 6 — Enforcement of Lien, Section 8468

(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.

Notes

Establishes that this chapter does not affect a claimant’s rights to pursue a personal debt action, obtain a writ of attachment, or enforce a judgment, and that recording a lien does not impair attachment. A personal-action judgment does not merge or impair the lien, but amounts collected on the judgment must be credited against it.

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