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 with the court in which the action is brought.
Noticed Hearing Procedure for Obtaining Writ of AttachmentNoticed Hearing Procedure for Obtaining Additional Writs
Section § 484.310
If you've been granted a right to attach order, which allows you to seize someone else's property before you win a lawsuit, you can apply for what's called a writ of attachment. This means you officially ask the court to carry out that seizure, and you do this by filing a request in the court handling your case.
right to attach order writ of attachment court application
Section § 484.320
This law requires that when someone is applying for an attachment of property, they must sign the application under oath and include certain details. They must say if they've been given a court order that allows them to attach property and reveal the amount they want to secure with the attachment. The application also needs a detailed description of the property they want to attach, proving it's fair game for attachment. Finally, they must declare they have no reason to believe that their claim is affected by any bankruptcy proceedings.
The application shall be executed under oath and shall include all of the following:
(a)CA Civil Procedure Code § 484.320(a) A statement that the plaintiff has been issued a right to attach order under Article 1 (commencing with Section 484.010) or that 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 § 484.320(b) A statement of the amount to be secured by the attachment.
(c)CA Civil Procedure Code § 484.320(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 the property is subject to attachment. The description shall satisfy the requirements of Section 484.020.
(d)CA Civil Procedure Code § 484.320(d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy).
attachment application right to attach order secured amount
Section § 484.330
In California, before a court can issue a writ of attachment, there must be a hearing. The defendant needs to be notified at least 15 days before the hearing. This notification includes a notice about the application and hearing, and a copy of the application itself.
No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following:
(a)CA Civil Procedure Code § 484.330(a) A notice of application and hearing.
(b)CA Civil Procedure Code § 484.330(b) A copy of the application.
writ of attachment hearing requirement notice period
Section § 484.340
This legal section explains what the defendant must be informed about when a plaintiff applies to attach their property through a writ of attachment. It states that the defendant will receive a notice detailing the property the plaintiff wants to attach, the time and place of a hearing to decide if the plaintiff can do this, and that the writ will be issued unless the court finds the property exempt or its value too high. The defendant is advised to file an exemption claim if they believe the property should not be attached, and this must be done at least five days before the hearing. They can attend the hearing with a lawyer, and it's recommended to consult an attorney quickly for help in these matters.
The notice of application and hearing shall inform the defendant of all of the following:
(a)CA Civil Procedure Code § 484.340(a) The plaintiff has applied for a writ of attachment to attach the property described in the application.
(b)CA Civil Procedure Code § 484.340(b) A hearing will be held at a place and at a time, to be specified in the notice, to determine whether the plaintiff is entitled to the writ.
(c)CA Civil Procedure Code § 484.340(c) A writ of attachment will be issued to attach the property described in the plaintiff’s application unless the
court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment.
(d)CA Civil Procedure Code § 484.340(d) If the defendant claims that the property described in the application, or a portion thereof, is exempt from attachment, the defendant may file with the court and serve on the plaintiff a claim of exemption with respect to the property as provided in Section 484.350 not later than five days prior to the date set for hearing. If the defendant fails to make such a claim with respect to personal property, the defendant may not later claim the exemption in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.
(e)CA Civil Procedure Code § 484.340(e) Either the defendant or the defendant’s attorney or both of them may be present at the hearing.
(f)CA Civil Procedure Code § 484.340(f) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the plaintiff’s application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.”
notice of application hearing writ of attachment
Section § 484.350
If someone is being sued and believes that their property shouldn't be taken because it's exempt, they must let the court know. They need to describe the property and which part of the law makes it exempt. This claim has to be backed up with facts and legal arguments and must be shared with the other side at least five days before the court hearing. If they fail to make their claim or prove their case, they can't claim the exemption later unless a specific law allows it.
(a)CA Civil Procedure Code § 484.350(a) If the defendant claims that the property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal property, or makes a claim with respect to real or personal property but fails to prove that the property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.
(b)CA Civil Procedure Code § 484.350(b) The claim of exemption shall:
(1)CA Civil Procedure Code § 484.350(b)(1) Describe the property claimed to be exempt.
(2)CA Civil Procedure Code § 484.350(b)(2) Specify the statute section supporting the claim.
(c)CA Civil Procedure Code § 484.350(c) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised.
(d)CA Civil Procedure Code § 484.350(d) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing.
property exemption claim of exemption defendant rights
Section § 484.360
This law outlines what happens when a defendant claims a certain property is exempt from being seized in a legal dispute. If the defendant claims this exemption and the plaintiff disagrees, the plaintiff must let the defendant know they're opposing it at least two days before the court hearing. If they don't oppose, the property claimed as exempt won't be seized. If all properties claimed are exempt and the plaintiff doesn't oppose, there won't be a hearing. If the plaintiff does oppose, the defendant must prove the property is indeed exempt.
(a)CA Civil Procedure Code § 484.360(a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
(b)CA Civil Procedure Code § 484.360(b) If the defendant files and serves a claim of exemption and supporting affidavit as provided in Section 484.350 and the plaintiff does not file and serve a notice of opposition as provided in this
section, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this section, no hearing shall be held and no writ of attachment shall be issued.
(c)CA Civil Procedure Code § 484.360(c) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment.
claim of exemption notice of opposition hearing
Section § 484.370
This law says that in a court hearing, if a plaintiff wants to seize property before a trial, two things must happen for an order to be granted: (1) it's already been decided that the plaintiff has a right to seize the property, and (2) the defendant can't prove that the property should be off-limits for seizure.
The hearing shall be conducted in the manner prescribed in Section 484.090 and the court 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 § 484.370(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 § 484.370(b) The defendant has failed to prove that the property sought to be
attached, or the portion thereof to be described in the writ, is exempt from attachment.
writ of attachment right to attach order undertaking
