Contact Us

    Publications

    How a Writ of Attachment Works

    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.

    Exparte

    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

    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.

    Spread the love

    Comments are closed.

    Palm Springs

    Indian Wells

    Orange County

    San Diego

    New Jersey

    New York

    Palm Springs
    1800 East Tahquitz Canyon Way
    Palm Springs, CA 92262
    Indian Wells
    74785 Hwy 111, Ste. 105
    Indian Wells, CA 92210
    Orange County
    650 Town Center Drive, Ste. 1400
    Costa Mesa, CA 92626
    San Diego
    121 Broadway, Suite 553
    San Diego, California 92101
    New Jersey
    103 Carnegie Center Blvd., Ste. 300
    Princeton, NJ 08540
    New York
    405 Lexington Avenue, 26th Floor
    New York, New York
    Palm Springs California Law Firm