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HomeCivil CodeDiv. 4Pt. 2Ch. 3§ 3447 Transferee Payment Undertaking Conditions

§ 3447 Transferee Payment Undertaking Conditions

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

§ 3447 Transferee Payment Undertaking Conditions

Key Takeaways

  • •If someone transfers property or promises money to avoid paying a debt, the court can make them pay it back.
  • •The person who received the property or money might have to pay the creditor, but only up to the value of what they got or what is actually owed.
  • •The court decides how much must be paid back based on what’s fair.

Example

If someone owes money to a bank but gives their car to a friend to avoid paying the debt, the court can step in.

The friend who got the car might have to pay the bank, but only up to the car’s value or the amount the person actually owed the bank.

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

Official Source
View on CA.gov

§ 3447 Transferee Payment Undertaking Conditions

The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was voidable as to the creditor, the transferee will pay to the creditor the lesser of the following amounts: (a) The value of the property or obligation as estimated in the undertaking. (b) The amount determined in the action to be due and owing to the creditor by the person who transferred the property or incurred the obligation. (Amended by Stats. 2015, Ch. 44, Sec. 18. (SB 161) Effective January 1, 2016.)

Last verified: January 21, 2026

Key Terms

undertakingvoidabletransfereecreditortransfer or obligation

Related Statutes

  • § 3446 Creditor Transfer Undertaking Protection
  • § 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 3447.
View Official Source