SECTIONS 488.500-488.510 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 488.500-488.510

488.500. (a) A levy on property under a writ of attachment creates
an attachment lien on the property from the time of levy until the
expiration of the time provided by Section 488.510.
(b) Except as provided in subdivisions (c) and (d), if property
subject to an attachment lien is transferred or encumbered, the
property transferred or encumbered remains subject to the lien after
the transfer or encumbrance to the same extent that the property
would remain subject to an execution lien pursuant to Sections
697.720 to 697.750, inclusive.
(c) Except as otherwise provided in this title, if equipment is
attached pursuant to Section 488.375 or farm products or inventory is
attached pursuant to Section 488.405, the attachment lien on the
property covered by the attachment lien has the same force and effect
as a judgment lien on personal property created at the same time
would have pursuant to Sections 697.590 to 697.620, inclusive.
(d) If equipment consisting of a vehicle, vessel, mobilehome, or
commercial coach is attached pursuant to Section 488.385, the
attachment lien on the specified property does not affect the rights
of a person who is a bona fide purchaser or encumbrancer and obtains
possession of both the property and its certificate of ownership
issued by the Department of Motor Vehicles or its certificate of
title or registration card issued by the Department of Housing and
Community Development. If the levying officer obtains possession of
the certificate of ownership or certificate of title or registration
card, the attachment lien has the priority of the lien of a lien
creditor under Sections 9317 and 9323 of the Commercial Code as of
the time possession is obtained by the levying officer. If the
levying officer does not obtain possession of the certificate of
ownership or certificate of title or registration card, the
attachment lien has the same force and effect as an unperfected
security interest that attached at the same time as the notice of
attachment was filed.
(e) If an attachment lien is created on property that is subject
to the lien of a temporary protective order or a lien under Article 1
(commencing with Section 491.110) of Chapter 11, the priority of the
attachment lien relates back to the date the earlier lien was
created. Nothing in this subdivision affects priorities or rights of
third persons established while the lien of the temporary protective
order or the lien under Article 1 (commencing with Section 491.110)
of Chapter 11 was in effect as determined under the law governing the
effect of such lien.

488.510. (a) Unless sooner released or discharged, any attachment
shall cease to be of any force or effect, and the property levied
upon shall be released from the operation of the attachment, at the
expiration of three years from the date of issuance of the writ of
attachment under which the levy was made.
(b) Notwithstanding subdivision (a), upon motion of the plaintiff,
made not less than 10 or more than 60 days before the expiration of
the three-year period and upon notice of not less than five days to
the defendant whose property is attached, the court in which the
action is pending may, by order filed prior to the expiration of the
period and for good cause, extend the time of the attachment for a
period not exceeding one year from the date on which the attachment
would otherwise expire.
(c) The levying officer shall serve notice of the order upon any
person holding property pursuant to an attachment and shall record or
file the notice in any office where the writ and notice of
attachment are recorded or filed prior to the expiration of the
period described in subdivision (a) or any extension thereof. Where
the attached property is real property, the plaintiff or the
plaintiff's attorney, instead of the levying officer, may record the
required notice.
(d) Any attachment may be extended from time to time in the manner
prescribed in this section, but the maximum period of the
attachment, including the extensions, shall not exceed eight years
from the date of issuance of the writ of attachment under which the
levy of attachment was made.
(e) The death of the defendant whose property is attached does not
terminate the attachment.