Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action.
UndertakingsUndertakings to Obtain Writ of Attachment Or Protective Order
Section § 489.210
Before a court issues certain orders that allow someone to temporarily take or control someone else's property as part of a lawsuit, the person asking for the order must promise to pay back the other person if it's later decided that this temporary seizure was wrong.
writ of attachment temporary protective order wrongful attachment
Section § 489.220
This section explains that when someone files a bond for a legal procedure called an attachment, the default amount of this bond is $10,000. However, if someone challenges this amount and the court believes that the person owed money (in case the attachment is found to be wrongful) might receive more than $10,000, the court can require the bond to match what they expect the recovery amount could be.
(a)CA Civil Procedure Code § 489.220(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000).
(b)CA Civil Procedure Code § 489.220(b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of the undertaking, it shall order the amount of the undertaking increased to the amount it determines to be the probable recovery for wrongful attachment if it is ultimately determined that the
attachment was wrongful.
attachment bond wrongful attachment bond objection
Section § 489.230
This law requires that when someone is notified about an attachment, they must be informed that a financial guarantee, known as an 'undertaking', has been filed. The defendant must also be told they have the right to challenge this undertaking. Additionally, any temporary protective orders must contain a similar statement to inform the person about these rights.
(a)CA Civil Procedure Code § 489.230(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been filed and informing the defendant of the right to object to the undertaking.
(b)CA Civil Procedure Code § 489.230(b) The form for the temporary protective order shall include a statement comparable to the one required by subdivision (a).
notice of attachment defendant rights undertaking
