Section § 492.010

Explanation

This section allows someone to request a court order to temporarily take hold of the property or money (called an attachment) in a lawsuit to recover money against certain types of defendants. This applies to people who don't live in California, foreign corporations not registered to do business in California, and foreign partnerships that haven't filed necessary paperwork.

Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following:
(a)CA Civil Procedure Code § 492.010(a) A natural person who does not reside in this state.
(b)CA Civil Procedure Code § 492.010(b) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(c)CA Civil Procedure Code § 492.010(c) A foreign partnership which has not filed a designation pursuant to Section 15800 of the Corporations Code.

Section § 492.020

Explanation

This law allows someone who is suing another party (the plaintiff) to request the court's permission to seize the defendant's property at the start of the lawsuit or any time after. This is called an 'attachment'. To do this, the plaintiff must submit an application that includes certain documents and statements. These must show that the case and the defendant meet specific legal criteria, that the plaintiff is likely to win, and that the property can legally be attached. The sworn statement supporting the property claim can rely on the person’s informed belief.

(a)CA Civil Procedure Code § 492.020(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.
(b)CA Civil Procedure Code § 492.020(b) The application shall satisfy the requirements of Section 484.020 and shall be supported by an affidavit showing all of the following:
(1)CA Civil Procedure Code § 492.020(b)(1) The action is one described in Section 492.010 and is brought against a defendant described in Section 492.010.
(2)CA Civil Procedure Code § 492.020(b)(2) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.
(3)CA Civil Procedure Code § 492.020(b)(3) The property sought to be attached is subject to attachment pursuant to Section 492.040.
(c)CA Civil Procedure Code § 492.020(c) The affidavit in support of the showing required by paragraph (3) of subdivision (b) may be based on the affiant’s information and belief.

Section § 492.030

Explanation

This law explains when a court can grant an order to attach someone's property in a lawsuit. First, the claim must qualify for an attachment, and the plaintiff must show a strong likelihood of winning the case. The defendant must fit a specific category outlined in another section. The attachment should be intended only to recover money from the claim, and the affidavit must indicate that the property can legally be attached. The amount to be secured by attachment must be more than zero. If the application doesn’t meet these requirements, the court will deny it. However, if denial is just because the defendant doesn't fit the category, the plaintiff can apply again using the same documents but under a different legal chapter.

(a)CA Civil Procedure Code § 492.030(a) The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be secured by the attachment, and 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:
(1)CA Civil Procedure Code § 492.030(a)(1) The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)CA Civil Procedure Code § 492.030(a)(2) The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3)CA Civil Procedure Code § 492.030(a)(3) The defendant is one described in Section 492.010.
(4)CA Civil Procedure Code § 492.030(a)(4) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(5)CA Civil Procedure Code § 492.030(a)(5) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is subject to attachment pursuant to Section 492.040.
(6)CA Civil Procedure Code § 492.030(a)(6) The amount to be secured by the attachment is greater than zero.
(b)CA Civil Procedure Code § 492.030(b) If the court finds that the application and supporting affidavit do not satisfy the requirements of this chapter, it shall so state and deny the order. If denial is solely on the ground that the defendant is not one described in Section 492.010, the judicial officer shall so state and such denial does not preclude the plaintiff from applying for a right to attach order and writ of attachment under Chapter 4 (commencing with Section 484.010) with the same affidavits and supporting papers.

Section § 492.040

Explanation

This law explains that if legal action is taken to secure a claim against someone's property, any property can be targeted initially if there's a legal way to do so. But once the person being sued responds in court, only property not protected by exemptions can be taken. If any protected property was already targeted, it must be returned by court order.

Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. However, after the defendant has filed a general appearance in the action, only nonexempt property of the defendant may be levied upon and property previously levied upon which is exempt under Section 487.020 shall be released upon order of the court.

Section § 492.050

Explanation

If someone has taken legal action to temporarily seize your property (called a writ of attachment), you can ask the court to stop it. To do this, file a motion with the court and inform the person who got the order. Your motion must explain why you think the seizure should end and include any evidence or legal arguments you have. If you’ve already shown up in court for this case, the seizure will be canceled unless the other person can prove their claim meets certain requirements. At a hearing, the court will review all the documents and arguments to decide if the seizure should continue. If the court sides with you, the property is returned. If not, the temporary seizure stays in place unless changed by other laws. This matter takes priority over most other court business.

(a)CA Civil Procedure Code § 492.050(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. Such application shall be made by filing with the court and serving on the plaintiff a notice of motion.
(b)CA Civil Procedure Code § 492.050(b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
(c)CA Civil Procedure Code § 492.050(c) If the defendant has filed a general appearance in the action, the right to attach order shall be set aside unless the plaintiff shows that his right to attach is authorized by a provision other than Section 492.010.
(d)CA Civil Procedure Code § 492.050(d) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to a right to attach order. If the court finds that the plaintiff is not entitled to a right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. If the court finds that the plaintiff is entitled to a right to attach order, the attachment shall continue in effect except as provided in Section 492.040 and, thereafter, the plaintiff may apply for additional writs pursuant to Article 2 (commencing with Section 484.310) or Article 3 (commencing with Section 484.510) of Chapter 4.
(e)CA Civil Procedure Code § 492.050(e) The court’s determination shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.
(f)CA Civil Procedure Code § 492.050(f) The hearing provided for in this section shall take precedence over all other civil matters on the calendar of that day except older matters of the same character.

Section § 492.060

Explanation

If you've already got permission for a legal process to hold someone's property for a debt and have done the initial steps, you can ask the court for more permissions to hold additional property before a specific hearing happens. You need to file your request in the same court where your case is ongoing.

At any time after a right to attach order and writ of attachment have been issued under this chapter and before the hearing provided by Section 492.050, the plaintiff may apply for an additional writ of attachment under this chapter as provided in Sections 492.060 to 492.090, inclusive. The application shall be filed with the court in which the action is brought.

Section § 492.070

Explanation

This law section outlines the requirements for an application to be submitted when someone wants to secure property as part of a legal claim in California. The application must be made under oath and include three main things: a statement confirming that a legal order to attach property has been issued, the specific amount of money or value to be secured, and a detailed description of the property to be attached. Additionally, the applicant must believe that this property can be legally attached, as outlined in another section.

The application shall be executed under oath and shall include all of the following:
(a)CA Civil Procedure Code § 492.070(a) A statement that the plaintiff has been issued a right to attach order and writ of attachment pursuant to Section 492.030.
(b)CA Civil Procedure Code § 492.070(b) A statement of the amount to be secured by the attachment.
(c)CA Civil Procedure Code § 492.070(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 such property is subject to attachment pursuant to Section 492.040. The description shall satisfy the requirements of Section 484.020.

Section § 492.090

Explanation

This law explains that a court can issue a writ of attachment, which temporarily demands that a debtor's property be held until a lawsuit is resolved, if certain conditions are met. These conditions include having already issued a right to attach order in the case and confirming through an affidavit that the property can legally be attached. The person requesting this must also provide a financial guarantee, known as an undertaking.

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 both of the following:
(a)CA Civil Procedure Code § 492.090(a) A right to attach order has been issued in the action pursuant to Section 492.030.
(b)CA Civil Procedure Code § 492.090(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 subject to attachment pursuant to Section 492.040.