By John Pinkney
Our Coachella Valley litigation attorneys assist with writ of attachments. Information concerning writ of attachment is located in Title 6.5, Chapters 1- 13, including Sections 481.010- 493.060 of the Code of Civil Procedure. No summons without right of attachment and bond according to law is received by the court.
A writ is generally obtained through the average noticed motion procedure or ex-parte application, here, the motion procedure is argued. Exparte is far more difficult to obtain. Plaintiffs must demonstrate to the Court, their claim has feasible validity pursuant to Code of Civil Procedure Section 481.190.
Anyone holding the power of a California writ can impose as much legal pressure as a banker, judgment debtor. The writ has power before a settlement is performed, unsecured creditors may seize assets before rulings are reached.
Going Before the California Court of Appeals
The California Court of Appeals strives to help those owed monies to hold securities, against funds to be collected in advance of court proceedings. This prevents properties sales before legal decisions are reached. Consumer debts are ineligible. Debts must be of a commercial nature.
If defendant is a corporation and not an individual, no exemptions are warranted and all properties under any form of levy are subject to attachment. However, an individual or natural person does have the legal right to claim certain assets as exempt.
A ruling and attachment regulations are carefully worded. They are a legislative device and are subject to solid proof or will face denial. Nevertheless, a prior decision by the California Court of Appeals insists, where grounds of attachment are met, the writ of attachment is issued despite distain by the court.
Money contracts, implied or expressed, secured or unsecured, according to Code of Civil Procedure Section 483.010, is eligible for attachment. A defendant receives at least sixteen days’ notice before going to court, listed in Code of Civil Procedure Section 484.040. The Law requires this.
When to File
The defendant has the opportunity to file an opposition within five days. This must be served within this time period. This is listed in Code of Civil Procedure Section 484.060(a). Applications must be sustained by an affidavit proving the moving party, entitled to a judgment on the claim, based facts subject to Code of Civil Procedure Section 484.03. Those obtaining a right to attach order in California will find a Coachella Valley litigation attorney quite helpful.