AttachmentNonresident Attachment
Section § 492.010
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.
Section § 492.020
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.
Section § 492.030
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.
Section § 492.040
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.
Section § 492.050
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.
Section § 492.060
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.
Section § 492.070
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.
Section § 492.090
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.