Section § 482.010

Explanation

This section names the law as “The Attachment Law,” which means any references to this name are talking about the specifics within this legal framework.

This title shall be known and may be cited as “The Attachment Law.”

Section § 482.020

Explanation

This law section states that you can still get certain types of legal relief, or court help, covered by another part of the law, even if this specific title doesn't cover it.

Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.

Section § 482.030

Explanation

This law section allows the Judicial Council to set rules for how legal cases under this title should be handled. Additionally, it requires the Judicial Council to design the official forms and documents that must be used in these cases, like applications and notices.

(a)CA Civil Procedure Code § 482.030(a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title.
(b)CA Civil Procedure Code § 482.030(b) The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this title.

Section § 482.040

Explanation

When submitting an affidavit for a case, you need to clearly and specifically explain the facts. Apart from some cases where you're allowed to state things based on "information and belief," you must be able to personally testify to the facts if asked in court. If you're stating something based on "information and belief," you have to explain how you know this information and why your source is reliable. Anyone who knows the facts, even if they're not directly involved in the case, can submit an affidavit. A verified complaint that meets these criteria can be used instead of or along with an affidavit.

The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.

Section § 482.050

Explanation

This law allows someone who is filing a legal complaint to ask the court clerk to keep the documents private for a short time. The clerk can withhold the documents from the public for either 30 days after the complaint is filed or until certain legal steps are completed, whichever happens first. However, the people involved in the case and their lawyers can still look at the files whenever they need to. If the filer doesn't want the complaint's existence to be public, they can make a note on the first page of their complaint using a stamp or other method.

(a)CA Civil Procedure Code § 482.050(a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (2) the filing pursuant to this title of the return of service of the notice of hearing and any temporary protective order, or of the writ of attachment if issued without notice, whichever event occurs first.
(b)CA Civil Procedure Code § 482.050(b) Notwithstanding subdivision (a), the clerk of the court shall make the entire file in the action available for inspection at any time to any party named in the complaint or to his attorney.
(c)CA Civil Procedure Code § 482.050(c) The request by plaintiff that the fact of filing of a complaint or application for relief not be made public may take the form of a notation to that effect, made by rubber stamp or other suitable means, at the top of the first page of the complaint filed with the clerk.

Section § 482.060

Explanation

This law explains who can perform certain judicial tasks related to court procedures. Generally, these tasks may be handled by appointed officers like court commissioners, except for specific situations involving contested issues such as exemption claims, liability and damages from wrongful attachment, third-party claims, and enforcement of third-party liability. In these specific cases, regular judges usually handle them, but a temporary judge can still be appointed when necessary.

(a)CA Civil Procedure Code § 482.060(a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
(b)CA Civil Procedure Code § 482.060(b) The judicial duties to be performed in the determination of the following matters are not subordinate judicial duties:
(1)CA Civil Procedure Code § 482.060(b)(1) A contested claim of exemption.
(2)CA Civil Procedure Code § 482.060(b)(2) A contested motion for determination of the liability and damages for wrongful attachment.
(3)CA Civil Procedure Code § 482.060(b)(3) A contested third-party claim.
(4)CA Civil Procedure Code § 482.060(b)(4) A contested proceeding to enforce a third person’s liability.
(c)CA Civil Procedure Code § 482.060(c) Nothing in subdivision (b) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution.

Section § 482.070

Explanation

This law explains how legal documents under this title should be delivered, either personally or by mail. It covers what counts as 'legal process', like writs, notices, and orders, which have to be served by certain rules. If the person being served hasn't shown up in court, the documents must be delivered like a summons. Normally, if the person has a lawyer, the papers are served to the lawyer. Proof that these documents were served is controlled by another specific set of rules. It also redefines certain terms for clarity when dealing with attachments.

(a)Copy CA Civil Procedure Code § 482.070(a)
(1)Copy CA Civil Procedure Code § 482.070(a)(1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail.
(2)CA Civil Procedure Code § 482.070(a)(2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title.
(b)CA Civil Procedure Code § 482.070(b) Except as otherwise provided in this section, service of legal process under this title is governed by Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9, including the provisions of Section 684.120 extending time when service is made by mail.
(c)CA Civil Procedure Code § 482.070(c) For the purpose of subdivision (b), in Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9:
(1)CA Civil Procedure Code § 482.070(c)(1) References to the “judgment debtor” shall be deemed references to the defendant.
(2)CA Civil Procedure Code § 482.070(c)(2) References to the “judgment creditor” shall be deemed references to the plaintiff.
(3)CA Civil Procedure Code § 482.070(c)(3) References to a “writ” shall be deemed references to a writ of attachment.
(4)CA Civil Procedure Code § 482.070(c)(4) References to a “notice of levy” shall be deemed references to a notice of attachment.
(d)CA Civil Procedure Code § 482.070(d) If the defendant has not appeared in the action and legal process is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.
(e)CA Civil Procedure Code § 482.070(e) Except for service of a subpoena or other process to require the attendance of the defendant or service of a paper to bring the defendant into contempt, if the defendant has an attorney of record in the action, service shall be made on the attorney rather than on the defendant.
(f)CA Civil Procedure Code § 482.070(f) Proof of service under this title is governed by Article 3 (commencing with Section 684.210) of Chapter 4 of Division 1 of Title 9.

Section § 482.080

Explanation

When a court issues a writ of attachment, it can also order the defendant to hand over certain things to the enforcement officer. This includes the physical property or evidence of ownership of property or debts. The defendant must be personally given this order, and warned that ignoring it could lead to arrest or punishment for contempt of court.

(a)CA Civil Procedure Code § 482.080(a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following:
(1)CA Civil Procedure Code § 482.080(a)(1) Possession of the property to be attached if the property is sought to be attached by taking it into custody.
(2)CA Civil Procedure Code § 482.080(a)(2) Possession of documentary evidence of title to property of or a debt owed to the defendant that is sought to be attached. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.
(b)CA Civil Procedure Code § 482.080(b) The order shall be personally served on the defendant and shall contain a notice to the defendant that failure to comply with the order may subject the defendant to arrest and punishment for contempt of court.

Section § 482.090

Explanation

This law allows multiple writs, which are legal orders, to be issued at the same time or separately under the same financial promise (undertaking). If a writ gets lost or was returned, another can be issued without needing a new financial promise, using the same form as the original. The official issue date of a writ of attachment is considered the first date it was issued.

(a)CA Civil Procedure Code § 482.090(a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ previously issued has been returned.
(b)CA Civil Procedure Code § 482.090(b) After the return of the writ of attachment, or upon the filing by the plaintiff of an affidavit setting forth the loss of the writ of attachment, the clerk, upon demand of the plaintiff at any time before judgment, may issue an alias writ which shall be in the same form as the original without requirement of a new undertaking.
(c)CA Civil Procedure Code § 482.090(c) The date of issuance of a writ of attachment shall be deemed to be the date the writ is first issued.

Section § 482.100

Explanation

This law explains how a defendant can claim an exemption for property taken due to a court order if circumstances have changed after an initial exemption was denied or expired. If the situation changes, the defendant can claim the exemption at any time using specific legal forms and procedures outlined in other sections. The process involves filing a motion with the court and notifying the plaintiff in advance, followed by a court hearing where the defendant must prove their claim. If successful, the court will release the property.

(a)CA Civil Procedure Code § 482.100(a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the right to the exemption is the result of a change in circumstances occurring after (1) the denial of a claim of exemption for the property earlier in the action or (2) the expiration of the time for claiming the exemption earlier in the action.
(b)CA Civil Procedure Code § 482.100(b) A claim of exemption under this section shall follow the procedure provided in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 except that, subject to subdivision (a), the defendant may claim the exemption at any time. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff.
(c)CA Civil Procedure Code § 482.100(c) The exemption provided by subdivision (b) of Section 487.020 may be claimed at the defendant’s option either pursuant to subdivision (b) of this section or by following the procedure provided in this subdivision. The claim shall be made by filing with the court and serving on the plaintiff a notice of motion. Service on the plaintiff shall be made not less than three days prior to the date set for the hearing. The hearing shall be held not more than five days after the filing of the notice of motion unless, for good cause shown, the court orders otherwise. The notice of motion shall state the relief requested and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. At the hearing on the motion, the defendant has the burden of showing that the property is exempt pursuant to subdivision (b) of Section 487.020. Upon this showing and the showing required by subdivision (a), the court shall order the release of the property.

Section § 482.110

Explanation

This law allows a plaintiff, who is trying to secure property as part of a lawsuit, to ask for an advance estimate of both costs and attorney’s fees. The court can decide to include these estimated fees in the amount that can be secured.

(a)CA Civil Procedure Code § 482.110(a) The plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the costs and allowable attorney’s fees.
(b)CA Civil Procedure Code § 482.110(b) In the discretion of the court, the amount to be secured by the attachment may include an estimated amount for costs and allowable attorney’s fees.

Section § 482.120

Explanation

This law explains that during a hearing about a writ of attachment, if the court finds that the defendant's property is worth much more than what is needed to cover the debt, the court can limit the amount of property that can be seized to just that which is needed to secure the debt.

If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment, the court may direct the order of levy on the property described in the writ or restrict the amount of the property to be levied upon.