Noticed Hearing Procedure for Obtaining Writ of AttachmentEx Parte Procedure for Obtaining Additional Writs

Section § 484.510

Explanation

Once a plaintiff has been granted the right to attach, they can apply for the court to issue a writ of attachment, which allows them to seize the defendant's property. This application must follow certain requirements and include a sworn statement saying that the property in question isn't exempt from being taken. The statement can be based on what the person filing the application knows or believes to be true.

(a)CA Civil Procedure Code § 484.510(a) At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application which meets the requirements of Section 484.320 with the court in which the action is brought.
(b)CA Civil Procedure Code § 484.510(b) The application shall be accompanied by an affidavit showing that the property sought to be attached is not exempt from attachment. Such affidavit may be based on the affiant’s information and belief.
right to attach order writ of attachment plaintiff application ...

Section § 484.520

Explanation

This law explains when a court can issue a writ of attachment, which allows property to be temporarily held or controlled to satisfy a future judgment. First, there must already be an order in place stating that the plaintiff has the right to attach property. Second, it must be shown in an affidavit that the property in question isn't legally protected from being attached.

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 § 484.520(a) A right to attach order has been issued in the action pursuant to Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.
(b)CA Civil Procedure Code § 484.520(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be described in the writ, is not exempt from attachment.
writ of attachment right to attach order property attachment ...

Section § 484.530

Explanation

This law allows a defendant to claim certain property as exempt from being taken, following a court order. For personal property, the defendant must claim the exemption within 30 days after being notified. The terms 'defendant' and 'plaintiff' replace 'judgment debtor' and 'judgment creditor' from the referenced procedures. Additionally, defendants can invoke another exemption without proving any change in their situation. However, if an exemption claim was denied before, it will be denied again unless there are new developments affecting the situation.

(a)CA Civil Procedure Code § 484.530(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant shall claim the exemption as to personal property not later than 30 days after the levying officer serves the defendant with the notice of attachment describing such property. 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.
(b)CA Civil Procedure Code § 484.530(b) The defendant may claim the exemption provided by subdivision (b) of Section 487.020 within the time provided by subdivision (a) of this section either (1) by following the procedure set forth in Article 2 (commencing with Section 703. 510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply.
(c)CA Civil Procedure Code § 484.530(c) Notwithstanding subdivisions (a) and (b), a claim of exemption shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.
defendant exemption claim real or personal property writ of attachment ...