CHAPTER 11. Attaching Plaintiff’s Miscellaneous Remedies [491.110. - 491.470.]

Chapter 11 repealed and added by Stats. 1982, Ch. 1198, Sec. 57.

§§ 491.110–491.470 · 25 sections

1. 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…
2. 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.
3. 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…