AttachmentGeneral Provisions
Section § 482.010
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.
Section § 482.020
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.
Section § 482.030
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.
Section § 482.040
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.
Section § 482.050
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.
Section § 482.060
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.
Section § 482.070
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.
Section § 482.080
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.
Section § 482.090
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.
Section § 482.100
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.
Section § 482.110
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.
Section § 482.120
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.