Section § 485.510

Explanation

This law allows a plaintiff—someone who has already obtained a court order and writ of attachment—to request more writs of attachment if needed. They can do this by filing an application with the same court handling their case.

At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff may apply for an additional writ of attachment under this article by filing an application with the court in which the action is brought.

Section § 485.520

Explanation

This law outlines what must be included in an application for an attachment order. It needs to be sworn under oath and provide several critical details: a statement confirming a right to attach order has been issued, the amount to be secured, a description of the property to be attached, and confirmation that the property isn't exempt from attachment, following certain legal requirements.

The application shall be executed under oath and shall include all of the following:
(a)CA Civil Procedure Code § 485.520(a) A statement that the plaintiff has been issued a right to attach order and writ of attachment pursuant to Article 2 (commencing with Section 485.210) in the action.
(b)CA Civil Procedure Code § 485.520(b) A statement of the amount to be secured by the attachment under the right to attach order.
(c)CA Civil Procedure Code § 485.520(c) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that the property is not exempt from attachment. The description shall satisfy the requirements of Section 484.020.
(d)CA Civil Procedure Code § 485.520(d) A statement showing that the requirement of Section 485.010 has been satisfied.

Section § 485.530

Explanation

This law section explains that when someone wants a court to quickly seize assets to secure a future judgment, they need to provide detailed documentation called an affidavit. This affidavit must demonstrate two things: first, that waiting for the usual legal process would cause them significant or permanent harm, and second, that the property they’re targeting for attachment can legally be attached, meaning it’s not protected or exempt. For the second point, the person writing the affidavit is allowed to use information they believe is true, even if they don't have direct evidence.

(a)CA Civil Procedure Code § 485.530(a) The application shall be supported by an affidavit showing both of the following:
(1)CA Civil Procedure Code § 485.530(a)(1) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the issuance of the writ of attachment were delayed until the matter could be heard on notice.
(2)CA Civil Procedure Code § 485.530(a)(2) The property sought to be attached is not exempt from attachment.
(b)CA Civil Procedure Code § 485.530(b) The affidavit in support of the showing required by paragraph (2) of subdivision (a) may be based on the affiant’s information and belief.

Section § 485.540

Explanation

This section explains that a court can issue a writ of attachment, which is an order to seize someone's property, if certain conditions are met. First, there must already be an order in place allowing for such attachment. Second, the affidavit has to show that the property isn't protected from being taken. Finally, the party requesting the attachment must prove that waiting would cause serious harm or loss.

The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:
(a)CA Civil Procedure Code § 485.540(a) A right to attach order has been issued in the action pursuant to Article 2 (commencing with Section 485.210).
(b)CA Civil Procedure Code § 485.540(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment.
(c)CA Civil Procedure Code § 485.540(c) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the writ of attachment is delayed until the matter can be heard on notice.