SECTIONS 487.010-487.030 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 487.010-487.030

487.010. The following property of the defendant is subject to
attachment:
(a) Where the defendant is a corporation, all corporate property
for which a method of levy is provided by Article 2 (commencing with
Section 488.300) of Chapter 8.
(b) Where the defendant is a partnership or other unincorporated
association, all partnership or association property for which a
method of levy is provided by Article 2 (commencing with Section
488.300) of Chapter 8.
(c) Where the defendant is a natural person, all of the following
property:
(1) Interests in real property except leasehold estates with
unexpired terms of less than one year.
(2) Accounts receivable, chattel paper, and general intangibles
arising out of the conduct by the defendant of a trade, business, or
profession, except any such individual claim with a principal balance
of less than one hundred fifty dollars ($150).
(3) Equipment.
(4) Farm products.
(5) Inventory.
(6) Final money judgments arising out of the conduct by the
defendant of a trade, business, or profession.
(7) Money on the premises where a trade, business, or profession
is conducted by the defendant and, except for the first one thousand
dollars ($1,000), money located elsewhere than on such premises and
deposit accounts, but, if the defendant has more than one deposit
account or has at least one deposit account and money located
elsewhere than on the premises where a trade, business, or profession
is conducted by the defendant, the court, upon application of the
plaintiff, may order that the writ of attachment be levied so that an
aggregate amount of one thousand dollars ($1,000) in the form of
such money and in such accounts remains free of levy.
(8) Negotiable documents of title.
(9) Instruments.
(10) Securities.
(11) Minerals or the like (including oil and gas) to be extracted.
(d) In the case of a defendant described in subdivision (c),
community property of a type described in subdivision (c) is subject
to attachment if the community property would be subject to
enforcement of the judgment obtained in the action in which the
attachment is sought. Unless the provision or context otherwise
requires, if community property that is subject to attachment is
sought to be attached:
(1) Any provision of this title that applies to the property of
the defendant or to obligations owed to the defendant also applies to
the community property interest of the spouse of the defendant and
to obligations owed to either spouse that are community property.
(2) Any provision of this title that applies to property in the
possession or under the control of the defendant also applies to
community property in the possession or under the control of the
spouse of the defendant.

487.020. Except as provided in paragraph (2) of subdivision (a) of
Section 3439.07 of the Civil Code, the following property is exempt
from attachment:
(a) All property exempt from enforcement of a money judgment.
(b) Property which is necessary for the support of a defendant who
is a natural person or the family of such defendant supported in
whole or in part by the defendant.
(c) "Earnings" as defined by Section 706.011.
(d) All property not subject to attachment pursuant to Section
487.010.

487.025. (a) The recording of a homestead declaration (as defined
in Section 704.910) does not limit or affect the right of a plaintiff
to attach the declared homestead described in the homestead
declaration, whether the homestead declaration is recorded before or
after the declared homestead is attached.
(b) An attachment lien attaches to a homestead (as defined in
Section 704.710) in the amount of any surplus over the total of the
following:
(1) All liens and encumbrances on the homestead at the time the
attachment lien is created.
(2) The homestead exemption set forth in Section 704.730.
(c) Nothing in subdivision (a) or (b) limits the right of the
defendant to an exemption under subdivision (b) of Section 487.020.
(d) Notwithstanding subdivision (b), a homestead (as defined in
Section 704.710) is exempt from sale to the extent provided in
Section 704.800 when it is sought to be sold to enforce the judgment
obtained in the action in which the attachment was obtained.

487.030. (a) At any time prior to the entry of judgment in the
action, the defendant may claim any exemption provided by subdivision
(a) of Section 487.020 with respect to real property by following
the procedure set forth in Article 2 (commencing with Section
703.510) of Chapter 4 of Division 2 of Title 9. A claim of exemption
under this subdivision shall be denied if the claim has been denied
earlier in the action.
(b) At any time prior to the entry of judgment in the action, the
defendant may claim the exemption provided by subdivision (b) of
Section 487.020 with respect to real property 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. A claim of
exemption under this subdivision shall be denied if the claim has
been denied earlier in the action and there is no change in
circumstances affecting the claim.
(c) For the purposes of this section, 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.
(d) Nothing in this section limits the right to claim after the
entry of judgment a homestead exemption for real property under
Article 4 (commencing with Section 704.710) of Chapter 4 of Division
2 of Title 9 unless prior to entry of judgment the defendant has
claimed the exemption provided by subdivision (a) of Section 487.020
with respect to such property and the claim has been denied.