CHAPTER 4. Noticed Hearing Procedure for Obtaining Writ of Attachment [484.010. - 484.530.]
Chapter 4 added by Stats. 1974, Ch. 1516.
§§ 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…