CHAPTER 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment [485.010. - 485.610.]
Chapter 5 added by Stats. 1974, Ch. 1516.
§§ 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…