If a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant and the property or debt has been subjected to an attachment lien, the plaintiff may bring an action against the third person to enforce the third person’s liability under this title.
Attaching Plaintiff’s Miscellaneous RemediesCreditor’s Suit
Section § 491.310
If someone else (not the defendant) has control over property or owes money to the defendant, and there's an attachment lien on it, the person suing (the plaintiff) can go after this third person to get what's owed or recover the property.
third person liability attachment lien defendant's interest
Section § 491.320
In a legal case involving this specific type of action, the defendant has to be included in the case but is not absolutely necessary for the case to proceed. Where the defendant lives can’t be used to decide where the trial takes place, unless there’s an agreement saying otherwise between the defendant and another person involved.
The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may not be considered in the determination of proper venue unless otherwise provided by contract between the defendant and the third person.
defendant inclusion indispensable party proper venue
Section § 491.330
This law describes when you can start a legal action against a third party related to a property or debt. Basically, you must do so before the time expires for the defendant to sue the third party, or within a year of creating an attachment lien if it lines up with when the defendant can sue. However, you can't start the action if the lien isn't currently active. Once you start within the allowed time, you can continue with the legal process as long as the lien remains in effect.
(a)CA Civil Procedure Code § 491.330(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)CA Civil Procedure Code § 491.330(a)(1) The time when the defendant may bring an action against the third person concerning the property or debt.
(2)CA Civil Procedure Code § 491.330(a)(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)CA Civil Procedure Code § 491.330(b) An action may not be commenced pursuant to this article if the attachment lien is not in effect.
(c)CA Civil Procedure Code § 491.330(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.
attachment lien third party action property or debt
Section § 491.340
If you're a plaintiff involved in a legal action, you can ask the court to do one or both of these things: First, the court can order someone holding property or debt tied up in your case not to give it to the defendant until the court says otherwise. Second, the court can issue temporary orders to prevent that property or debt from being transferred to anyone else. These orders help keep things as they are while the case is being decided.
The plaintiff may apply to the court in which an action under this article is pending for either or both of the following:
(a)CA Civil Procedure Code § 491.340(a) An order restraining the third person from transferring the attached property to the defendant or from paying the attached debt to the defendant. The order shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the order may be made on ex parte application. The order shall remain in effect until judgment is entered in the action or until such earlier time as the court may provide in the order. An undertaking may be
required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just.
(b)CA Civil Procedure Code § 491.340(b) A temporary restraining order or a preliminary injunction or both, restraining the third person from transferring to any person or otherwise disposing of the attached property, pursuant to Chapter 3 (commencing with Section 525) of Title 7, and the court may make, dissolve, and modify such orders as provided therein.
restraining order third person transfer of property
Section § 491.350
In cases covered by this article, you cannot have a jury trial.
There is no right to a jury trial in an action under this article.
no jury trial action under this article
Section § 491.360
If someone suing proves that another person owes money or property, the court will decide in their favor. This decision can be enforced just like if the defendant had won against that third person. But, before the final decision in the main lawsuit, any money or property collected from that third person must be given to the court or held safely as ordered until the case is complete.
If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner as it could be enforced if it had been obtained by the defendant against the third party; but, prior to entry of judgment in favor of the plaintiff against the defendant, any money or property obtained in enforcing the judgment against the third party shall be paid or delivered into court to abide the judgment in the action of the plaintiff against the defendant or shall be held by a levying officer, or otherwise held, as ordered by the court.
third party liability judgment enforcement plaintiff rights
Section § 491.370
If you're the plaintiff and you have incurred costs during a lawsuit under this article, you can't make the defendant pay for those costs.
Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.
plaintiff costs lawsuit expenses defendant
