AttachmentProperty Subject to Attachment

Section § 487.010

Explanation

This law specifies what kinds of property can be seized from someone who owes money. For a corporation, any corporate property can be taken. For partnerships or unincorporated groups, any group-owned property can be seized. If the person is an individual, various types of property like real estate, business-related debts over $150, equipment, farm products, inventory, and more can be subject to attachment, with some exemptions such as certain amounts of money. Even community property (property shared by spouses) can be attached if it relates to business dealings, and any rules that apply to individual property also apply to community property and obligations.

The following property of the defendant is subject to attachment:
(a)CA Civil Procedure Code § 487.010(a) Where the defendant is a corporation, all corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.
(b)CA Civil Procedure Code § 487.010(b) Where the defendant is a partnership or other unincorporated association, all partnership or association property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8.
(c)CA Civil Procedure Code § 487.010(c) Where the defendant is a natural person, all of the following property:
(1)CA Civil Procedure Code § 487.010(c)(1) Interests in real property except leasehold estates with unexpired terms of less than one year.
(2)CA Civil Procedure Code § 487.010(c)(2) Accounts receivable, chattel paper, and general intangibles arising out of the conduct by the defendant of a trade, business, or profession, except any such individual claim with a principal balance of less than one hundred fifty dollars ($150).
(3)CA Civil Procedure Code § 487.010(c)(3) Equipment.
(4)CA Civil Procedure Code § 487.010(c)(4) Farm products.
(5)CA Civil Procedure Code § 487.010(c)(5) Inventory.
(6)CA Civil Procedure Code § 487.010(c)(6) Final money judgments arising out of the conduct by the defendant of a trade, business, or profession.
(7)CA Civil Procedure Code § 487.010(c)(7) Money on the premises where a trade, business, or profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than on such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than on the premises where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form of such money and in such accounts remains free of levy.
(8)CA Civil Procedure Code § 487.010(c)(8) Negotiable documents of title.
(9)CA Civil Procedure Code § 487.010(c)(9) Instruments.
(10)CA Civil Procedure Code § 487.010(c)(10) Securities.
(11)CA Civil Procedure Code § 487.010(c)(11) Minerals or the like (including oil and gas) to be extracted.
(d)CA Civil Procedure Code § 487.010(d) In the case of a defendant described in subdivision (c), community property of a type described in subdivision (c) is subject to attachment if the community property would be subject to enforcement of the judgment obtained in the action in which the attachment is sought. Unless the provision or context otherwise requires, if community property that is subject to attachment is sought to be attached:
(1)CA Civil Procedure Code § 487.010(d)(1) Any provision of this title that applies to the property of the defendant or to obligations owed to the defendant also applies to the community property interest of the spouse of the defendant and to obligations owed to either spouse that are community property.
(2)CA Civil Procedure Code § 487.010(d)(2) Any provision of this title that applies to property in the possession or under the control of the defendant also applies to community property in the possession or under the control of the spouse of the defendant.
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Section § 487.020

Explanation

This law outlines which types of property can't be seized in a legal process called 'attachment,' where a defendant’s assets are taken to satisfy a debt. Specifically, it protects property already exempt from being taken for money judgments, necessary assets for a person's or their family's support, earnings such as wages, and any property not allowed by another specific section. However, there is a specific exception under a different civil code section.

Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment:
(a)CA Civil Procedure Code § 487.020(a) All property exempt from enforcement of a money judgment.
(b)CA Civil Procedure Code § 487.020(b) Property which is necessary for the support of a defendant who is a natural person or the family of such defendant supported in whole or in part by the defendant.
(c)CA Civil Procedure Code § 487.020(c) “Earnings” as defined by Section 706.011.
(d)CA Civil Procedure Code § 487.020(d) All property not subject to attachment pursuant to Section 487.010.
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Section § 487.025

Explanation

This law explains that if someone has filed a homestead declaration, it doesn't stop a plaintiff from attaching the property as part of a legal action. An attachment lien, which is a claim on the property, can be placed on the homestead for any amount leftover after paying existing liens and the homestead exemption. Despite this, the defendant still has the right to claim exemptions, and the homestead is protected from being sold up to a certain amount when enforcing a judgment.

(a)CA Civil Procedure Code § 487.025(a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homestead is attached.
(b)CA Civil Procedure Code § 487.025(b) An attachment lien attaches to a homestead (as defined in Section 704.710) in the amount of any surplus over the total of the following:
(1)CA Civil Procedure Code § 487.025(b)(1) All liens and encumbrances on the homestead at the time the attachment lien is created.
(2)CA Civil Procedure Code § 487.025(b)(2) The homestead exemption set forth in Section 704.730.
(c)CA Civil Procedure Code § 487.025(c) Nothing in subdivision (a) or (b) limits the right of the defendant to an exemption under subdivision (b) of Section 487.020.
(d)CA Civil Procedure Code § 487.025(d) Notwithstanding subdivision (b), a homestead (as defined in Section 704.710) is exempt from sale to the extent provided in Section 704.800 when it is sought to be sold to enforce the judgment obtained in the action in which the attachment was obtained.
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Section § 487.030

Explanation

This law explains how a defendant in an ongoing lawsuit can claim certain protections or exemptions for their real estate before the final decision in the case is made. They can follow a specific process outlined in other laws to do this. If a defendant tries to claim an exemption that was denied earlier, or if there hasn't been any change in circumstances, the new claim will also likely be denied. Important terms in the legal process are redefined for the sake of clarity. Additionally, this law does not prevent someone from claiming a homestead exemption after the judgment unless a similar claim was made and denied before the judgment.

(a)CA Civil Procedure Code § 487.030(a) At any time prior to the entry of judgment in the action, the defendant may claim any exemption provided by subdivision (a) of Section 487.020 with respect to real property by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action.
(b)CA Civil Procedure Code § 487.030(b) At any time prior to the entry of judgment in the action, the defendant may claim the exemption provided by subdivision (b) of Section 487.020 with respect to real property 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. A claim of exemption under this subdivision shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.
(c)CA Civil Procedure Code § 487.030(c) For the purposes of this section, 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.
(d)CA Civil Procedure Code § 487.030(d) Nothing in this section limits the right to claim after the entry of judgment a homestead exemption for real property under Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 unless prior to entry of judgment the defendant has claimed the exemption provided by subdivision (a) of Section 487.020 with respect to such property and the claim has been denied.
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