California Law on the Attachment of Property in Civil Cases
General Provisions and Court Procedures:
California’s legal framework for the use of attachment procedures in civil actions is outlined in Code of Civil Procedure, Part 2, Title 6.5, Chapter 2, aptly titled “The Attachment Law.” The Judicial Council, with the power to establish rules for practice and procedure under this chapter, is also required to specify the form of motions, notices, orders, and all other documents necessary for the attachment process.
Affidavits and Evidence:
Any fact presented in an affidavit filed under this title must be stated with specific details. Unless allowed by the court, an affidavit must clearly state that the affiant, if called as a witness,
can provide competent testimony for the facts presented. To support a claim, the affidavit needs to not only include information but also provide the basis of the belief. Affidavits should state the nature and reliability
of the informant. Notably, any person with knowledge of the facts can file an affidavit: a party to the action is not a requirement.
A verified complaint can be used instead of or in addition to traditional affidavits.
Confidentiality of Court Records:
Plaintiffs have the option to request confidentiality. Upon a written request filed along with the complaint, the clerk of the court will withhold public access to case records and documents until either 30 days after the complaint’s filing, or the filing of a return of service for a notice of hearing and any temporary protective orders.
Judicial Duties:
The performance of judicial duties under this title constitutes subordinate judicial duties under the California Constitution. The Judicial Council permits appointments of specialized officials, such as court commissioners, to these duties unless the nature of the duty directly conflicts with the requirements of thehah
ing doubt.
Legal Process and Definitions:
The process required or allowed under this title can be served personally or by mail, adhering to Judicial Council guidelines.
"Legal process," "judgment debtor," "judgment creditor," "writ," and "notice of levy" are terms with clear definitions under this subtitle.
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Obtaining Possession of Property:**
When a writ of attachment is issued, the court may also require the defendant to transfer possession of the targeted property (or copiesof relevant documentation) to the levying officer.
This transfer ensures the court’s ability to proceed with the attachment and fulfill its legal obligations.
Issuing Multiple Writs and Alias Writs:
Multiple writs in the same format can be issued concurrently or sequentially, with or without a new undertaking. If a writ has been lost, the plaintiff, just before judgment,
can request a new alias writ from the clerk. The alias writ must be in the same form as the original, without requiring a new undertaking.
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Defendant’s Rights Regarding Exemptions to Property:
A defendant can claim exemption for the property under the writ of attachment if an event causes a change in circumstances, leading to a right to exemption. Such circumstances are denied earlier in the proceedings and happen after a claim.
Estimates and Costs in Attachment Proceedings:
A plaintiff’s application for a writ of attachment can include estimated costs and court-allowed attorney fees. The judge may consider these costs when determining the amount secured by the attachment.
Limiting Property Subject to Attachment:
If the Value of the defendant’s interest in attached property clearly exceeds the amount to be secured, the court may limit the amount of property subject to attachment in the best interests of both parties.
What recourse does a debtor have if they disagree with a property attachment order in California?
## Understanding Attachment of Property in California Civil Cases
**Interviewer:** Welcome back to the show! Today, we’re discussing a legal concept that can be complex and have a significant impact on civil cases in California: the attachment of property. Joining us to shed light on this topic is Alex Reed, a legal expert specializing in civil litigation. Alex Reed, thank you for being here.
**Alex Reed:** Thanks for having me.
**Interviewer:** Could you start by explaining what attachment of property means in the context of a California civil lawsuit?
**Alex Reed:** Certainly. Attachment is a legal procedure that allows a creditor, or the party suing in a civil case, to seize a debtor’s property before a judgment is even reached. It’s essentially a way to ensure that assets are available to satisfy a potential judgment in favor of the creditor. This is governed by California’s Code of Civil Procedure, specifically Part 2, Title 6.5, Chapter 2, known as “The Attachment Law” [[1](https://selfhelp.courts.ca.gov/jcc-form/MC-025)].
**Interviewer:** That’s interesting. So, it’s like a preemptive measure taken by the creditor?
**Alex Reed:** Exactly! It’s important to note that attachment is not automatic. The creditor must demonstrate a probable cause that they will ultimately win the lawsuit and that the debtor is likely to dispose of their assets before a judgment can be enforced.
**Interviewer:** And what kind of property can be attached?
**Alex Reed:** Various types of property can be attached, including real estate, bank accounts, personal property like vehicles, and even future wages.
**Interviewer:** Can you elaborate on the process involved in obtaining an attachment order?
**Alex Reed:** A creditor must file a formal request with the court, supported by detailed affidavits outlining the basis for the claim and the risk of asset dissipation. The court reviews the request and may hold a hearing before issuing an attachment order.
**Interviewer:** What happens if a debtor disagrees with the attachment?
**Alex Reed:** They can challenge the attachment in court, arguing that there isn’t sufficient grounds for it.
**Interviewer:** We mentioned confidentiality. Can you tell us about the options available to plaintiffs regarding the confidentiality of court records in these attachment cases?
**Alex Reed:**
Yes! Plaintiffs in California can request confidentiality for their case records. This means the public won’t have access to these files until 30 days after the complaint is filed or until certain procedural steps are completed [[1](https://selfhelp.courts.ca.gov/jcc-form/MC-025)].
**Interviewer:** This is certainly a complex legal procedure. Can you offer any advice to individuals who might be involved in a civil case where property attachment is a possibility?
**Alex Reed:** Absolutely.
It’s crucial to seek legal advice from an experienced attorney immediately. Attachment can have serious consequences, so understanding your rights and obligations is essential.
**Interviewer:** Great advice! Thank you so much for sharing your expertise on this topic, Alex Reed. This has been incredibly informative for our viewers.
**Alex Reed:** My pleasure.
