Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article 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.
Noticed Hearing Procedure for Obtaining Writ of AttachmentRight to Attach Order; Issuance of Writ of Attachment
Section § 484.010
If you're suing someone and want to secure some of their assets to ensure they pay if you win, you can request an order from the court called a 'right to attach order' and a 'writ of attachment.' You do this by filing an application in the court handling your case either when you file your lawsuit or any time after.
right to attach order writ of attachment plaintiff application
Section § 484.020
When you're asking the court to issue a writ of attachment, you must swear under oath and include certain details in your request. You need to explain that the attachment is to make sure you can collect on a legitimate claim, state how much you're trying to secure, and confirm the attachment is not for any other purpose. You also need to say that you don't think the claim has been dismissed in bankruptcy. Finally, you must describe the property you want to attach and reasonably believe that it's attachable, whether the property belongs to a person, corporation, or partnership.
The application shall be executed under oath and shall include all of the following:
(a)CA Civil Procedure Code § 484.020(a) A statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued.
(b)CA Civil Procedure Code § 484.020(b) A statement of the amount to be secured by the attachment.
(c)CA Civil Procedure Code § 484.020(c) A statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(d)CA Civil Procedure Code § 484.020(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).
(e)CA Civil Procedure Code § 484.020(e) 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. Where the defendant is a corporation, a reference to “all corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a partnership or other unincorporated association, a reference to “all property of the partnership or other unincorporated association which is subject to attachment pursuant to
subdivision (b) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a natural person, the description of the property shall be reasonably adequate to permit the defendant to identify the specific property sought to be attached.
writ of attachment recovery on a claim property attachment
Section § 484.030
This law requires that when someone applies to seize someone's property before a court judgment, they must also provide a sworn statement. This statement needs to show facts that suggest they would likely win the case if it went to trial.
The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.
prejudgment attachment affidavit requirement seizure of property
Section § 484.040
This law states that before any order or writ can be given in certain legal proceedings, a hearing must take place first. The person being sued, called the defendant, must receive several documents. These include a copy of the summons and complaint, a notice about the application and hearing, and copies of the application and any supporting affidavits.
No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following:
(a)CA Civil Procedure Code § 484.040(a) A copy of the summons and complaint.
(b)CA Civil Procedure Code § 484.040(b) A notice of application and hearing.
(c)CA Civil Procedure Code § 484.040(c) A copy of the application and of any affidavit in support of the application.
hearing requirement defendant service summons copy
Section § 484.050
This law tells a defendant what to expect if someone is trying to secure their property to satisfy a debt claim. It explains that a hearing will be held to decide whether an order will be issued to let the claimant attach, or secure, certain property. The court doesn't decide if the debt claim itself is true, just if it's probably true enough to issue an attachment order. The defendant must respond if they want to challenge the order or claim any exemptions for their property. They can also be present or have a lawyer with them at the hearing. It's important for them to act quickly and consider legal advice.
The notice of application and hearing shall inform the defendant of all of the following:
(a)CA Civil Procedure Code § 484.050(a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a right to attach order and a writ of attachment.
(b)CA Civil Procedure Code § 484.050(b) The order will be issued if the court finds that the plaintiff’s claim is probably valid and the other requirements for issuing the order are established. The hearing is not
for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decisions at the hearing on the application for the order.
(c)CA Civil Procedure Code § 484.050(c) The amount to be secured by the attachment is determined pursuant to Sections 482.110, 483.010, 483.015, and 483.020, which statutes shall be summarized in the notice.
(d)CA Civil Procedure Code § 484.050(d) If the right to attach order is issued, a writ of attachment will be issued to attach the property described in the plaintiff’s application unless the court determines that such property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, additional writs of attachment may be issued to attach other nonexempt property of the defendant on the basis of the
right to attach order.
(e)CA Civil Procedure Code § 484.050(e) If the defendant desires to oppose the issuance of the order, the defendant shall file with the court and serve on the plaintiff a notice of opposition and supporting affidavit as required by Section 484.060 not later than five court days prior to the date set for hearing.
(f)CA Civil Procedure Code § 484.050(f) If the defendant claims that the personal property described in the application, or a portion thereof, is exempt from attachment, the defendant shall include that claim in the notice of opposition filed and served pursuant to Section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Section 484.070. If the defendant does not do so, the claim of exemption will be barred in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.
(g)CA Civil Procedure Code § 484.050(g) The defendant may obtain a determination at the hearing whether real or personal property not described in the application or real property described in the application is exempt from attachment by including the claim in the notice of opposition filed and served pursuant to Section 484.060 or by filing and serving a separate claim of exemption with respect to the property as provided in Section 484.070, but the failure to so claim that the property is exempt from attachment will not preclude the defendant from making a claim of exemption with respect to the property at a later time.
(h)CA Civil Procedure Code § 484.050(h) Either the defendant or the defendant’s attorney or both of them may be present at the hearing.
(i)CA Civil Procedure Code § 484.050(i) 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.”
right to attach order writ of attachment claim probably valid
Section § 484.060
If someone being sued (the defendant) doesn't agree with a request to freeze their assets, they must tell the person suing them (the plaintiff) at least five court days before the hearing. This notice should explain why they're opposing the request and include evidence and legal arguments. If they don't notify in time, they can't oppose the freeze. They can also include any claims of exemption. The person suing can respond to these objections two court days before the hearing.
(a)CA Civil Procedure Code § 484.060(a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the hearing a notice of opposition. The notice shall state the grounds on which the defendant opposes the issuance of the order or objects to the amount sought to be secured by the attachment and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the defendant fails to
file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.
(b)CA Civil Procedure Code § 484.060(b) If a defendant filing a notice of opposition desires to make any claim of exemption as provided in Section 484.070, the defendant may include that claim in the notice of opposition filed pursuant to this section.
(c)CA Civil Procedure Code § 484.060(c) The plaintiff may file and serve upon the opposing party a reply two court days prior to the date set for the hearing.
right to attach order defendant opposition notice of opposition
Section § 484.070
If someone is being sued and wants to claim that certain property (like items they own) can't be seized because it's protected, they need to follow specific steps. First, they have to clearly describe the property and mention which law they believe makes it exempt. Then, they need to file these details, along with any evidence, before the court hearing. If they don't do this or can't prove the property is exempt, they can't make that claim later, except in some special cases. On the other hand, if the person suing wants to argue against this exemption, they need to file their opposition shortly before the hearing. If they don't, the property can't be taken. In these cases, the defendant must prove the property is protected from seizure.
(a)CA Civil Procedure Code § 484.070(a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.
(b)CA Civil Procedure Code § 484.070(b) If the defendant desires to claim at the
hearing that real or personal property not described in the plaintiff’s application or real property described in the plaintiff’s application is exempt from attachment, in whole or in part, the defendant shall claim the exemption as provided in this section. Failure to make the claim does not preclude the defendant from later claiming the exemption. If the claim is made as provided in this section but the defendant fails to prove that the property is exempt from attachment, the defendant may not later claim that the property, or a portion thereof, is exempt except as provided in Section 482.100.
(c)CA Civil Procedure Code § 484.070(c) The claim of exemption shall:
(1)CA Civil Procedure Code § 484.070(c)(1) Describe the property claimed to be exempt.
(2)CA Civil Procedure Code § 484.070(c)(2) Specify the statute section supporting the claim.
(d)CA Civil Procedure Code § 484.070(d) 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.
(e)CA Civil Procedure Code § 484.070(e) 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.
(f)CA Civil Procedure Code § 484.070(f) If the plaintiff desires to oppose the claim of exemption, the plaintiff 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. If the plaintiff does not file and serve a notice of opposition as provided in this subdivision, 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 subdivision, no hearing shall be held and no right to attach order or writ of attachment shall be issued and any temporary protective order issued pursuant to Chapter 6 (commencing with Section 486.010) immediately expires.
(g)CA Civil Procedure Code § 484.070(g) 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.
personal property exemption real property exemption attachment exemption claim
Section § 484.080
In a court hearing, if the plaintiff is not ready or hasn't met certain requirements, the court can either reject their request or give them a short delay to prepare. If the court allows this delay, a temporary order for protection can stay in effect for up to 10 extra days beyond the new hearing date if needed. Similarly, the defendant can also request more time to prepare their case. If granted, the protection order stays effective for up to 10 days after the new hearing, unless changes are needed.
(a)CA Civil Procedure Code § 484.080(a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for a reasonable period. If such a continuance is granted, the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) may be extended by the court for a period ending not more than 10 days after the new hearing date if the plaintiff shows a continuing need for such protective order.
(b)CA Civil Procedure Code § 484.080(b) The court may, in its discretion and for good cause shown, grant the defendant a continuance for a reasonable period to enable him to oppose the issuance of the right to attach order. If such a continuance is granted, the court shall extend the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) for a period ending not more than 10 days after the new hearing date unless the defendant shows pursuant to Section 486.100 that the protective order should be modified or vacated.
plaintiff readiness hearing delay continuance
Section § 484.090
In a hearing, the court decides if it will issue an order that allows a plaintiff to temporarily claim a defendant’s property until the legal case is settled. This happens if the plaintiff shows that their claim is valid, applicable for attachment, and the amount involved is more than zero, and if the defendant hasn’t proven that their property is protected from being claimed. If the defendant’s property is protected, the court will label it as exempt and prevent attachment. The court bases these decisions on submitted documents, but can consider extra evidence if needed.
(a)CA Civil Procedure Code § 484.090(a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:
(1)CA Civil Procedure Code § 484.090(a)(1) The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)CA Civil Procedure Code § 484.090(a)(2) The plaintiff has
established the probable validity of the claim upon which the attachment is based.
(3)CA Civil Procedure Code § 484.090(a)(3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(4)CA Civil Procedure Code § 484.090(a)(4) The amount to be secured by the attachment is greater than zero.
(b)CA Civil Procedure Code § 484.090(b) If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220.
(c)CA Civil Procedure Code § 484.090(c) If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and
prohibit attachment of the property.
(d)CA Civil Procedure Code § 484.090(d) The court’s determinations 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 the additional evidence or points and authorities.
right to attach order amount to be secured probable validity
Section § 484.100
Decisions made by the court under this chapter are only relevant to these specific proceedings and won't impact any other related legal matters. They also can't be used as evidence or mentioned during the trial of the same case in other actions.
The court’s determinations under this chapter shall have no effect on the determination of any issues in the action other than issues relevant to proceedings under this chapter nor shall they affect the rights of the plaintiff or defendant in any other action arising out of the same claim of the plaintiff or defendant. The court’s determinations under this chapter shall not be given in evidence nor referred to at the trial of any such action.
court determinations proceedings evidence exclusion
Section § 484.110
This law states that if either a defendant or a plaintiff does not challenge certain pre-trial legal orders, such as those related to attaching property or reducing an attachment amount, it doesn't mean they've given up their defenses. During trial, they can still present or exclude evidence to support their case, and their earlier inaction doesn't affect their rights at trial.
(a)CA Civil Procedure Code § 484.110(a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant’s failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to the plaintiff’s claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
(b)CA Civil Procedure Code § 484.110(b) Neither the failure of the plaintiff to oppose the issuance of an order reducing the amount to be secured by the
attachment under this chapter nor the plaintiff’s failure to rebut any evidence produced by the defendant in connection with proceedings under this chapter shall constitute a waiver of any defense to the defendant’s claim in the action or any other action or have any effect on the right of the plaintiff to produce or exclude evidence at the trial of any such action.
right to attach order waiver of defense produce evidence
