SECTIONS 482.010-482.120 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 482.010-482.120

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 of the
applications, notices, orders, and other documents required by this
title.

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 title to be shown by information and
belief, each affidavit shall show affirmatively that the affiant, if
sworn as a witness, can testify competently to the facts stated
therein. As to matters shown by information and belief, the affidavit
shall state the facts on which the affiant's belief is based,
showing the nature of his information and the reliability of his
informant. The affiant may be any person, whether or not a party to
the action, who has knowledge of the facts. A verified complaint that
satisfies the requirements of this section may be used in lieu of or
in addition to an affidavit.

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 available to the public the records and
documents in such action before either (1) 30 days after the filing
of the complaint or (2) the filing pursuant to this title of the
return of service of the notice of hearing and any temporary
protective order, or of the writ of attachment if issued without
notice, whichever event occurs first.
(b) Notwithstanding subdivision (a), the clerk of the court shall
make the entire file in the action available for inspection at any
time to any party named in the complaint or to his attorney.
(c) The request by plaintiff that the fact of filing of a
complaint or application for relief not be made public may take the
form of a notation to that effect, made by rubber stamp or other
suitable means, at the top of the first page of the complaint filed
with the clerk.

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 Section 22 of Article VI of the
California Constitution and may be performed by appointed officers
such as court commissioners.
(b) The judicial duties to be performed in the determination of
the following matters are not subordinate judicial duties:
(1) A contested claim of exemption.
(2) A contested motion for determination of the liability and
damages for wrongful attachment.
(3) A contested third-party claim.
(4) A contested proceeding to enforce a third person's liability.
(c) Nothing in subdivision (b) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI of the
California Constitution.

482.070. (a) Except as otherwise provided in this title, a writ,
notice, order, or other paper required or permitted to be served
under this title may be served personally or by mail.
(b) Except as otherwise provided in this section, service of a
writ, notice, order, or other paper under this title is governed by
Article 1 (commencing with Section 684.010) and Article 2 (commencing
with Section 684.110) of Chapter 4 of Division 1 of Title 9,
including the provisions of Section 684.120 extending time when
service is made by mail.
(c) For the purpose of subdivision (b), in Article 1 (commencing
with Section 684.010) and Article 2 (commencing with Section 684.110)
of Chapter 4 of Division 1 of Title 9:
(1) References to the "judgment debtor" shall be deemed references
to the defendant.
(2) References to the "judgment creditor" shall be deemed
references to the plaintiff.
(3) References to a "writ" shall be deemed references to a writ of
attachment.
(4) References to a "notice of levy" shall be deemed references to
a notice of attachment.
(d) If the defendant has not appeared in the action and a writ,
notice, order, or other paper is required to be personally served on
the defendant under this title, service shall be made in the same
manner as a summons is served under Chapter 4 (commencing with
Section 413.10) of Title 5.
(e) Except for service of a subpoena or other process to require
the attendance of the defendant or service of a paper to bring the
defendant into contempt, if the defendant has an attorney of record
in the action, service shall be made on the attorney rather than on
the defendant.
(f) Proof of service under this title is governed by Article 3
(commencing with Section 684.210) of Chapter 4 of Division 1 of Title
9.

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 following:
(1) Possession of the property to be attached if the property is
sought to be attached by taking it into custody.
(2) Possession of documentary evidence of title to property of or
a debt owed to the defendant that is sought to be attached. An order
pursuant to this paragraph may be served when the property or debt is
levied upon or thereafter.
(b) The order shall be personally served on the defendant and
shall contain a notice to the defendant that failure to comply with
the order may subject the defendant to arrest and punishment for
contempt of court.

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 been returned.
(b) After the return of the writ of attachment, or upon the filing
by the plaintiff of an affidavit setting forth the loss of the writ
of attachment, the clerk, upon demand of the plaintiff at any time
before judgment, may issue an alias writ which shall be in the same
form as the original without requirement of a new undertaking.
(c) The date of issuance of a writ of attachment shall be deemed
to be the date the writ is first issued.

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 exemption is the result of a
change in circumstances occurring after (1) the denial of a claim of
exemption for the property earlier in the action or (2) the
expiration of the time for claiming the exemption earlier in the
action.
(b) A claim of exemption under this section shall follow the
procedure provided in Article 2 (commencing with Section 703.510) of
Chapter 4 of Division 2 of Title 9 except that, subject to
subdivision (a), the defendant may claim the exemption at any time.
For this purpose, references in Article 2 (commencing with Section
703.510) of Chapter 4 of Division 2 of Title 9 to the "judgment
debtor" shall be deemed references to the defendant, and references
to the "judgment creditor" shall be deemed references to the
plaintiff.
(c) The exemption provided by subdivision (b) of Section 487.020
may be claimed at the defendant's option either pursuant to
subdivision (b) of this section or by following the procedure
provided in this subdivision. The claim shall be made by filing with
the court and serving on the plaintiff a notice of motion. Service on
the plaintiff shall be made not less than three days prior to the
date set for the hearing. The hearing shall be held not more than
five days after the filing of the notice of motion unless, for good
cause shown, the court orders otherwise. The notice of motion shall
state the relief requested and shall be accompanied by an affidavit
supporting any factual issues raised and points and authorities
supporting any legal issues raised. At the hearing on the motion, the
defendant has the burden of showing that the property is exempt
pursuant to subdivision (b) of Section 487.020. Upon this showing and
the showing required by subdivision (a), the court shall order the
release of the property.

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 attorney's fees.
(b) In the discretion of the court, the amount to be secured by
the attachment may include an estimated amount for costs and
allowable attorney's fees.

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 described in the plaintiff's application
clearly exceeds the amount necessary to satisfy the amount to be
secured by the attachment, the court may direct the order of levy on
the property described in the writ or restrict the amount of the
property to be levied upon.