SECTIONS 484.510-484.530 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 484.510-484.530

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 Section 485.240 that the plaintiff is
entitled to a right to attach order, the plaintiff may apply for a
writ of attachment under this article by filing an application which
meets the requirements of Section 484.320 with the court in which the
action is brought.
(b) The application shall be accompanied by an affidavit showing
that the property sought to be attached is not exempt from
attachment. Such affidavit may be based on the affiant's information
and belief.

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 provided by Sections 489.210 and 489.220,
if it finds both of the following:
(a) A right to attach order has been issued in the action pursuant
to Article 1 (commencing with Section 484.010) or the court has
found pursuant to Section 485.240 that the plaintiff is entitled to a
right to attach order.
(b) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
described in the writ, is not exempt from attachment.

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 set forth in Article 2 (commencing
with Section 703.510) of Chapter 4 of Division 2 of Title 9, except
that the defendant shall claim the exemption as to personal property
not later than 30 days after the levying officer serves the defendant
with the notice of attachment describing such property. 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.
(b) The defendant may claim the exemption provided by subdivision
(b) of Section 487.020 within the time provided by subdivision (a) of
this section either (1) by following the procedure set forth in
Article 2 (commencing with Section 703. 510) of Chapter 4 of Division
2 of Title 9 or (2) by following the procedure set forth in
subdivision (c) of Section 482.100 except that the requirement of
showing changed circumstances under subdivision (a) of Section
482.100 does not apply.
(c) Notwithstanding subdivisions (a) and (b), a claim of exemption
shall be denied if the claim has been denied earlier in the action
and there is no change in circumstances affecting the claim.