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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 3§ 9456 Stop Payment Notice Priority

§ 9456 Stop Payment Notice Priority

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

§ 9456 Stop Payment Notice Priority

Key Takeaways

  • •If someone working on a government project (like building a road) isn't paid, they can send a 'stop payment notice' to get their money first.
  • •Even if the main contractor already promised that money to someone else (like a bank), the worker who sent the notice gets paid first.
  • •If the main contractor owes money to other people (like credit card companies), those debts come after paying the workers who sent the notice.

Example

A company is building a new school for the city. They hire a plumber to install pipes but don’t pay him. The plumber sends a 'stop payment notice' to the city.

The city must pay the plumber first, even if the company already promised that money to a bank or other creditors. The plumber’s notice jumps to the front of the line.

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

Official Source
View on CA.gov

§ 9456 Stop Payment Notice Priority

(a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a public works contract, including contract changes, whether made before or after the giving of a stop payment notice, and the assignment has no effect on the rights of the claimant. (b) Any garnishment of an amount due or to become due pursuant to a public works contract by a creditor of a direct contractor under Article 8 (commencing with Section 708.710) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure and any statutory lien on that amount is subordinate to the rights of a claimant. (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

stop payment noticepublic works contractdirect contractorclaimantgarnishmentstatutory lien

Related Statutes

  • § 9400 Contractor Funds Release Grounds
  • § 9452 Claimant Recovery Rights Preserved
  • § 9502 Stop Payment Notice Enforcement
  • § 8414 Lien Enforcement Deadlines
  • § 8434 Contractor Lien Enforcement Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9456.
View Official Source