TITLE 6.5. ATTACHMENT [481.010. - 493.060.]
Title 6.5 added by Stats. 1974, Ch. 1516.
§§ 481.010–493.060 · 195 sections
CHAPTER 1. Words and Phrases Defined §§ 481.010–481.225 · 29 sections
- § 481.010 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
- § 481.020 “Account debtor” means “account debtor” as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.030 “Account receivable” means “account” as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.040 “Chattel paper” means “chattel paper” as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.055 “Costs” means costs and disbursements, including, but not limited to, statutory fees, charges, commissions, and expenses.
- § 481.060 “Complaint” includes a cross-complaint.
- § 481.070 “Defendant” includes a cross-defendant.
- § 481.080 “Deposit account” means “deposit account” as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.090 “Document of title” means “document” as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable…
- § 481.100 “Equipment” means tangible personal property in the possession of the defendant and used or bought for use primarily in the defendant’s trade, business, or…
- § 481.110 “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states…
- § 481.113 “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a…
- § 481.115 “General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights…
- § 481.117 “Instrument” means “instrument” as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.120 “Inventory” means tangible personal property in the possession of a defendant that (a) is held by the defendant for sale or lease or to be furnished under…
- § 481.140 “Levying officer” means the sheriff or marshal who is directed to execute a writ or order issued under this title.
- § 481.170 “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
- § 481.175 “Personal property” includes both tangible and intangible personal property.
- § 481.180 “Plaintiff” means a person who files a complaint or cross-complaint.
- § 481.190 A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
- § 481.195 “Property” includes real and personal property and any interest therein.
- § 481.200 “Public entity” includes the state, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other…
- § 481.203 “Real property” includes any right in real property, including, but not limited to, a leasehold interest in real property.
- § 481.205 “Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business…
- § 481.207 “Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.210 “Security” means a “security” as defined by Section 8102 of the Commercial Code.
- § 481.220 “Security agreement” means a “security agreement” as defined by paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code.
- § 481.223 “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code.
- § 481.225 “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.
CHAPTER 2. General Provisions §§ 482.010–482.120 · 12 sections
- § 482.010 This title shall be known and may be cited as “The Attachment Law.”
- § 482.020 Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.
- § 482.030 (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title. (b) The Judicial Council shall prescribe the form…
- § 482.040 The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this…
- § 482.050 (a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make…
- § 482.060 (a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of…
- § 482.070 (a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail. (2)…
- § 482.080 (a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the…
- § 482.090 (a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ previously issued has…
- § 482.100 (a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the right to the…
- § 482.110 (a) The plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the costs and allowable…
- § 482.120 If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant’s interest in the property…
CHAPTER 3. Actions in Which Attachment Authorized §§ 483.010–483.020 · 5 sections
- § 483.010 (a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a…
- § 483.012 Subject to the restrictions of Sections 580b and 580d, in an action to foreclose a mortgage or deed of trust on real property or an estate for years therein,…
- § 483.013 Notwithstanding Section 483.010, federal disability benefits awarded to veterans for service-connected disabilities pursuant to Chapter 11 of Title 38 of the…
- § 483.015 (a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following: (1) The amount of the defendant’s…
- § 483.020 (a) Subject to subdivisions (d) and (e), the amount to be secured by the attachment in an unlawful detainer proceeding is the sum of the following: (1) The…
CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment §§ 484.010–484.530 · 21 sections
ARTICLE 1. Right to Attach Order; Issuance of Writ of Attachment §§ 484.010–484.110 · 11 sections
- § 484.010 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…
- § 484.020 The application shall be executed under oath and shall include all of the following: (a) A statement showing that the attachment is sought to secure the…
- § 484.030 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…
- § 484.040 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…
- § 484.050 The notice of application and hearing shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be specified…
- § 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…
- § 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…
- § 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…
- § 484.090 (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…
- § 484.100 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…
- § 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…
ARTICLE 2. Noticed Hearing Procedure for Obtaining Additional Writs §§ 484.310–484.370 · 7 sections
- § 484.310 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…
- § 484.320 The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order…
- § 484.330 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…
- § 484.340 The notice of application and hearing shall inform the defendant of all of the following: (a) The plaintiff has applied for a writ of attachment to attach the…
- § 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…
- § 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…
- § 484.370 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…
ARTICLE 3. Ex Parte Procedure for Obtaining Additional Writs §§ 484.510–484.530 · 3 sections
- § 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…
- § 484.520 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…
- § 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…
CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment §§ 485.010–485.610 · 10 sections
ARTICLE 1. Great or Irreparable Injury Requirement § 485.010 · 1 section
- § 485.010 (a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts…
ARTICLE 2. Order Determining Right to Attach; Issuance of Writ of Attachment §§ 485.210–485.240 · 4 sections
- § 485.210 (a) 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…
- § 485.220 (a) The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, shall issue a right to attach order, which…
- § 485.230 Where a right to attach order has been issued by the court, a plaintiff may discover, through any means provided for by, and subject to the protections…
- § 485.240 (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be…
ARTICLE 3. Procedure for Obtaining Additional Writs §§ 485.510–485.540 · 4 sections
- § 485.510 At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff may apply…
- § 485.520 The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order…
- § 485.530 (a) The application shall be supported by an affidavit showing both of the following: (1) The plaintiff would suffer great or irreparable injury (within the…
- § 485.540 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…
ARTICLE 4. Claim of Exemption § 485.610 · 1 section
- § 485.610 (a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter by following…
CHAPTER 6. Temporary Protective Order §§ 486.010–486.110 · 11 sections
- § 486.010 (a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for…
- § 486.020 The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the…
- § 486.030 (a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court…
- § 486.040 The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity…
- § 486.050 (a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant’s property…
- § 486.060 (a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a…
- § 486.070 Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other…
- § 486.080 The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
- § 486.090 Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times: (a) Forty days after the…
- § 486.100 Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order…
- § 486.110 (a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which…
CHAPTER 7. Property Subject to Attachment §§ 487.010–487.030 · 4 sections
- § 487.010 The following property of the defendant is subject to attachment: (a) Where the defendant is a corporation, all corporate property for which a method of levy…
- § 487.020 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) All property…
- § 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…
- § 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…
CHAPTER 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property §§ 488.010–488.740 · 50 sections
ARTICLE 1. General Provisions §§ 488.010–488.140 · 15 sections
- § 488.010 The writ of attachment shall include the following information: (a) The date of issuance of the writ. (b) The title of the court that issued the writ and the…
- § 488.020 (a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to…
- § 488.030 (a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff’s attorney of record or, if the…
- § 488.040 (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the plaintiff shall…
- § 488.050 (a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff shall…
- § 488.060 The notice of attachment shall inform the person notified of all of the following: (a) The capacity in which the person is notified. (b) The specific property…
- § 488.065 A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served upon the defendant…
- § 488.070 If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant: (a) The…
- § 488.080 (a) A registered process server may levy under a writ of attachment on the following types of property: (1) Real property, pursuant to Section 488.315. (2)…
- § 488.090 Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is…
- § 488.100 The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an…
- § 488.110 A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of…
- § 488.120 In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to…
- § 488.130 (a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of…
- § 488.140 (a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken…
ARTICLE 2. Methods of Levy §§ 488.300–488.485 · 25 sections
- § 488.300 If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with…
- § 488.305 At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of…
- § 488.315 To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and a notice of…
- § 488.325 To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from…
- § 488.335 Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant,…
- § 488.345 Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person,…
- § 488.355 (a) To attach personal property in the custody of a levying officer, the plaintiff or levying officer shall comply with subdivision (a) of Section 700.050. (b)…
- § 488.365 To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title…
- § 488.375 (a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the levying officer…
- § 488.385 (a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobilehome or commercial coach…
- § 488.395 Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405: (a) To attach farm products or inventory of a going business in the…
- § 488.405 (a) This section provides an alternative method of attaching farm products or inventory of a going business in the possession or under the control of the…
- § 488.415 To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080.
- § 488.425 If a vehicle or vessel is attached and a certificate of ownership has been issued by the Department of Motor Vehicles for the vehicle or vessel and the…
- § 488.435 (a) To attach chattel paper, the levying officer shall comply with Section 700.100. (b) In addition to any other rights created by a levy on chattel paper, the…
- § 488.440 To attach an instrument, the levying officer shall comply with Section 700.110.
- § 488.445 To attach a negotiable document of title, the levying officer shall comply with Section 700.120.
- § 488.450 To attach a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the…
- § 488.455 (a) Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment and a…
- § 488.460 (a) Subject to Sections 488.465 and 684.115, to attach property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of…
- § 488.465 (a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the defendant, either alone or…
- § 488.470 (a) Unless another method of attachment is provided by this article, to attach an account receivable or general intangible, the levying officer shall…
- § 488.475 (a) The following property may be attached pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or special…
- § 488.480 (a) As used in this section, “final money judgment” means a money judgment after the time for appeal from the judgment has expired or, if an appeal is filed,…
- § 488.485 (a) To attach the interest of the defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession,…
ARTICLE 3. Lien of Attachment §§ 488.500–488.510 · 2 sections
- § 488.500 (a) A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by…
- § 488.510 (a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the…
ARTICLE 4. Duties and Liabilities of Third Persons After Levy §§ 488.600–488.620 · 3 sections
- § 488.600 (a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title.…
- § 488.610 (a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying officer shall request the third person…
- § 488.620 A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any…
ARTICLE 5. Management and Disposition of Attached Property §§ 488.700–488.740 · 5 sections
- § 488.700 (a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any action the court orders that is…
- § 488.710 (a) As used in this section, “instrument” means a check, draft, money order, or other order for the withdrawal of money from a financial institution, the…
- § 488.720 (a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action was entered for an order…
- § 488.730 (a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff’s…
- § 488.740 If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a new…
CHAPTER 9. Undertakings §§ 489.010–489.420 · 10 sections
ARTICLE 1. General Provisions §§ 489.010–489.130 · 3 sections
- § 489.010 The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent…
- § 489.060 (a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval…
- § 489.130 Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff’s failure to increase the amount of the…
ARTICLE 2. Undertakings to Obtain Writ of Attachment or Protective Order §§ 489.210–489.230 · 3 sections
- § 489.210 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…
- § 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) If, upon…
- § 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…
ARTICLE 3. Undertaking to Obtain Release of Attachment or Protective Order §§ 489.310–489.320 · 2 sections
- § 489.310 (a) Whenever a writ is issued, a defendant who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order…
- § 489.320 (a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the…
ARTICLE 4. Undertaking on Appeal §§ 489.410–489.420 · 2 sections
- § 489.410 (a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of the defendant, the trial…
- § 489.420 If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by…
CHAPTER 10. Liability for Wrongful Attachment §§ 490.010–490.060 · 4 sections
- § 490.010 A wrongful attachment consists of any of the following: (a) The levy under a writ of attachment or the service of a temporary protective order in an action in…
- § 490.020 (a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following: (1) All damages proximately caused to…
- § 490.040 The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant…
- § 490.060 Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery.
CHAPTER 11. Attaching Plaintiff’s Miscellaneous Remedies §§ 491.110–491.470 · 25 sections
ARTICLE 1. Examination of Third Person §§ 491.110–491.200 · 10 sections
- § 491.110 (a) Upon ex parte application by the plaintiff and proof by the plaintiff by affidavit or otherwise to the satisfaction of the proper court that the plaintiff…
- § 491.120 In any proceeding for the examination of a third person under this article, witnesses, including the defendant, may be required to appear and testify before…
- § 491.130 (a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an…
- § 491.140 (a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear…
- § 491.150 (a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of…
- § 491.160 (a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a…
- § 491.170 (a) Subject to subdivision (b), if a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the…
- § 491.180 In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may…
- § 491.190 (a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article: (1) The court may order the defendant’s interest in the…
- § 491.200 A lien created under this article continues on property subject to the lien notwithstanding the transfer or encumbrance of the property subject to the lien…
ARTICLE 2. Creditor’s Suit §§ 491.310–491.370 · 7 sections
- § 491.310 If a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant and the property or debt has…
- § 491.320 The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may not be…
- § 491.330 (a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times: (1)…
- § 491.340 The plaintiff may apply to the court in which an action under this article is pending for either or both of the following: (a) An order restraining the third…
- § 491.350 There is no right to a jury trial in an action under this article.
- § 491.360 If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner as…
- § 491.370 Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.
ARTICLE 3. Lien in Pending Action or Proceeding §§ 491.410–491.470 · 8 sections
- § 491.410 (a) If the defendant is a party to a pending action or special proceeding, the plaintiff may obtain a lien under this article, to the extent required to secure…
- § 491.415 (a) For the purpose of applying for a right to attach order, the defendant’s cause of action that is the subject of the pending action or proceeding and the…
- § 491.420 The notice of lien under Section 491.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of…
- § 491.430 (a) The court in which the action or special proceeding subject to the lien under this article is pending may permit the plaintiff who has obtained the lien to…
- § 491.440 (a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in favor…
- § 491.450 (a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of…
- § 491.460 (a) If the defendant is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon…
- § 491.470 (a) If a lien is created under this article, the defendant may claim that all or any portion of the money or property that the defendant may recover in the…
CHAPTER 12. Nonresident Attachment §§ 492.010–492.090 · 8 sections
- § 492.010 Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following:…
- § 492.020 (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach order and a writ of…
- § 492.030 (a) The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be secured by the…
- § 492.040 Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a method…
- § 492.050 (a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set…
- § 492.060 At any time after a right to attach order and writ of attachment have been issued under this chapter and before the hearing provided by Section 492.050, the…
- § 492.070 The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order…
- § 492.090 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…
CHAPTER 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors §§ 493.010–493.060 · 6 sections
- § 493.010 As used in this chapter, “general assignment for the benefit of creditors” means an assignment which satisfies all of the following requirements: (a) The…
- § 493.020 Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.
- § 493.030 (a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the lien was created…
- § 493.040 (a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of…
- § 493.050 (a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as if it…
- § 493.060 (a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to the rights of…