reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.010.

486.010. (a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for a temporary protective order by filing an application for the order with the court in which the action is brought.
(b) The application shall state what relief is requested and shall be supported by an affidavit, which may be based on information and belief, showing that the plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order were not issued.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.020.

486.020. The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order, upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:
(a) The claim upon which the application for attachment is based is one upon which an attachment may be issued.
(b) The plaintiff has established the probable validity of the claim upon which the application for the attachment is based.
(c) The order is not sought for a purpose other than the recovery upon the claim upon which the application for the attachment is based.
(d) The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order is not issued.
(Amended by Stats. 1982, Ch. 1198, Sec. 42.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.030.

486.030. (a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court may in its discretion deny the application for the order and writ and issue instead a temporary protective order under this chapter if it determines that the requirements of Section 485.220 are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the effect on the plaintiff of issuing the temporary protective order instead of the writ, and other factors that bear on equity and justice under the circumstances of the particular case.
(b) If the court issues a temporary protective order under this section, the plaintiff’s application for a right to attach order and writ shall be treated as an application for a right to attach order and writ under Article 1 (commencing with Section 484.010) of Chapter 4 and the plaintiff shall comply with the requirements of service provided in Section 484.040.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.040.

486.040. The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the particular case.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.050.

486.050. (a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant’s property in this state subject to the levy of the writ of attachment. The temporary protective order shall describe the property in a manner adequate to permit the defendant to identify the property subject to the temporary protective order.
(b) Notwithstanding subdivision (a), if the property is farm products held for sale or is inventory, the temporary protective order shall not prohibit the defendant from transferring the property in the ordinary course of business, but the temporary protective order may impose appropriate restrictions on the disposition of the proceeds from that type of transfer.
(Amended by Stats. 2008, Ch. 179, Sec. 35. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.060.

486.060. (a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a financial institution in this state to the extent permitted by this section.
(b) The defendant may issue any number of checks in any amount for the following purposes:
(1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers’ compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.
(2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant’s trade, business, or profession.
(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.
(4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.
(c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following:
(1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).
(2) One thousand dollars ($1,000).
(Amended by Stats. 1982, Ch. 1198, Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.070.

486.070. Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order.
(Amended by Stats. 1976, Ch. 437.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.080.

486.080. The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
(Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.090.

486.090. Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times:
(a) Forty days after the issuance of the order or, if an earlier date is prescribed by the court in the order, on such earlier date.
(b) As to specific property described in the order, when a levy of attachment upon that property is made by the plaintiff.
(Amended by Stats. 1976, Ch. 437.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.100.

486.100. Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 6 - Temporary Protective Order › Section 486.110.

486.110. (a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which is described in the order, is owned by the defendant at the time of such service, and is subject to attachment pursuant to this title. The lien continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the person receiving the property, whether real or personal, is a person listed in Section 697.740.
(b) The lien terminates upon the date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff.
(Amended by Stats. 1984, Ch. 538, Sec. 2.5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 7 - Property Subject to Attachment › Section 487.010.

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.
(Amended by Stats. 1982, Ch. 1198, Sec. 46. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 7 - Property Subject to Attachment › Section 487.020.

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.
(Amended by Stats. 1986, Ch. 383, Sec. 7.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 7 - Property Subject to Attachment › Section 487.025.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 47.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 7 - Property Subject to Attachment › Section 487.030.

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.
(Added by Stats. 1982, Ch. 1198, Sec. 48. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.010.

488.010. The writ of attachment shall include the following information:
(a) The date of issuance of the writ.
(b) The title of the court that issued the writ and the cause and number of the action.
(c) The name and address of the plaintiff and the name and last known address of the defendant.
(d) The amount to be secured by the attachment.
(e) A description of the property to be levied upon to satisfy the attachment.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.020.

488.020. (a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to any registered process server.
(b)  Upon the receipt of written instructions from the plaintiff’s attorney of record or, if the plaintiff has no attorney of record, from the plaintiff, the levying officer to whom the writ is directed and delivered shall levy the writ without delay in the manner provided in this chapter on the property described in the writ or so much thereof as is clearly sufficient to satisfy the amount to be secured by the attachment. The levying officer is not liable for a determination made in good faith under this subdivision.
(c) If a copy of the summons and complaint has not previously been served on the defendant, the instructions to the levying officer shall instruct the levying officer to make the service at the same time the levying officer serves the defendant with a copy of the writ of attachment.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.030.

488.030. (a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, by the plaintiff. The instructions shall contain the information needed or requested by the levying officer to comply with the provisions of this title, including but not limited to:
(1) An adequate description of any property to be levied upon.
(2) A statement whether the property is a dwelling.
(3) If the property is a dwelling, whether it is real or personal property.
(b) Subject to subdivision (c), the levying officer shall act in accordance with the written instructions to the extent the actions are taken in conformance with the provisions of this title.
(c) Except to the extent the levying officer has actual knowledge that the information is incorrect, the levying officer may rely on any information contained in the written instructions.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.040.

488.040. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the plaintiff shall include in the instructions to the levying officer the correct name and address of the person. The plaintiff shall use reasonable diligence to ascertain the correct name and address of the person.
(b) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.050.

488.050. (a) Except as otherwise provided by law:
(1) As a prerequisite to the performance by the levying officer of a duty under this title, the plaintiff shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty.
(2) As a prerequisite to the taking of property into custody by the levying officer under this chapter, whether by keeper or otherwise, the plaintiff shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the plaintiff deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the plaintiff. The plaintiff has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property.
(b) The levying officer is not liable for failure to take or hold property unless the plaintiff has complied with the provisions of this section.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.060.

488.060. The notice of attachment shall inform the person notified of all of the following:
(a) The capacity in which the person is notified.
(b) The specific property which is sought to be attached.
(c) The person’s rights under the attachment, including the right to make a third-party claim pursuant to Division 4 (commencing with Section 720.010) of Title 9.
(d) The person’s duties under the attachment.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.065.

488.065. A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served upon the defendant or any other party, shall suffice as the notice of attachment to that person.
(Added by Stats. 1984, Ch. 759, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.070.

488.070. If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant:
(a) The levying officer shall comply with the provisions of Section 699.030.
(b) The plaintiff may obtain the relief provided under Section 699.030 in the manner and subject to the requirements of that section.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.090.

488.090. Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods:
(a) Removing the property to a place of safekeeping.
(b) Installing a keeper.
(c) Otherwise obtaining possession or control of the property.
(Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.100.

488.100. The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an advance has not been made.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.110.

488.110. A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of Title 9.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.120.

488.120. In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to be posted or to be served on or mailed to the defendant or other person, failure to post, serve, or mail the copy of the writ and the notice does not affect the attachment lien created by the levy.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.130.

488.130. (a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of the levying officer’s actions. The return shall be made promptly in accordance with the plaintiff’s instructions given to the levying officer but in no event later than 60 days after the levying officer receives the writ.
(b) The levying officer shall make a full inventory of property attached and return the inventory with the writ.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 1 - General Provisions › Section 488.140.

488.140. (a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the plaintiff except to the extent the levying officer or registered process server has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff may have if the levying officer or registered process server acts on the basis of incorrect information given in the written instructions.
(b) Unless the levying officer is negligent in the care or handling of the property, the levying officer is not liable to either the plaintiff or the defendant for loss by fire, theft, injury, or damage of any kind to personal property while (1) in the possession of the levying officer either in a warehouse or other storage place or in the custody of a keeper or (2) in transit to or from a warehouse or other storage place.
(Amended by Stats. 1983, Ch. 155, Sec. 5.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.300.

488.300. If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 of Title 9 to:
(a) “Judgment creditor” shall be deemed references to the plaintiff.
(b) “Judgment debtor” shall be deemed references to the defendant.
(c) “Notice of levy” shall be deemed references to a notice of attachment.
(d) “Writ” shall be deemed references to a writ of attachment.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.305.

488.305. At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on the defendant.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.315.

488.315. To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.325.

488.325. To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall comply with Section 700.020 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.335.

488.335. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant, the levying officer shall take the property into custody.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.345.

488.345. Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person, the levying officer shall comply with Section 700.040.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.355.

488.355. (a) To attach personal property in the custody of a levying officer, the plaintiff or levying officer shall comply with subdivision (a) of Section 700.050.
(b) The levying officer having custody of the property shall comply with the writs in the order they are received and is not subject to the provisions of Article 4 (commencing with Section 488.600).
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.365.

488.365. To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall comply with Section 700.060.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.375.

488.375. (a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the office of the Secretary of State a notice of attachment, in the form prescribed by the Secretary of State, which shall contain all of the following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the cause and number of the action.
(4) A description of the specific property attached.
(5) A statement that the plaintiff has acquired an attachment lien on the specified property of the defendant.
(b) Upon presentation of a notice of attachment under this section for filing, and tender of the filing fee to the office of the Secretary of State, the notice of attachment shall be filed, marked, and indexed in the same manner as a financing statement. The fee for filing in the office of the Secretary of State is the same as the fee for filing a financing statement in the standard form.
(c) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on the date and hour stated therein any notice of attachment filed against the equipment of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice and any notice affecting any such notice of attachment and the name and address of the plaintiff. Upon request, the Secretary of State shall furnish a copy of any notice of attachment or notice affecting a notice of attachment. The certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section.
(d) The fee for filing, indexing, and furnishing filing data for a notice of extension of attachment is the same as the fee for a continuation statement under Section 9525 of the Commercial Code. The fee for filing, indexing, and furnishing filing data for a notice of release of attachment is the same as the fee for a statement of release under Section 9525 of the Commercial Code.
(e) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished.
(Amended by Stats. 2021, Ch. 124, Sec. 7. (AB 938) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.385.

488.385. (a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobilehome or commercial coach for which a certificate of title has been issued by the Department of Housing and Community Development, which is equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the appropriate department a notice of attachment, in the form prescribed by the appropriate department, which shall contain all of the following:
(1) The name and mailing address of the plaintiff.
(2) The name and last known mailing address of the defendant.
(3) The title of the court where the action is pending and the cause and number of the action.
(4) A description of the specific property attached.
(5) A statement that the plaintiff has acquired an attachment lien on the specific property of the defendant.
(b) Upon presentation of a notice of attachment, notice of extension, or notice of release under this section for filing and tender of the filing fee to the appropriate department, the notice shall be filed and indexed. The fee for filing and indexing the notice is fifteen dollars ($15).
(c) Upon the request of any person, the department shall issue its certificate showing whether there is on file in that department on the date and hour stated therein any notice of attachment filed against the property of a particular person named in the request. If a notice of attachment is on file, the certificate shall state the date and hour of filing of each such notice of attachment and any notice affecting any such notice of attachment and the name and address of the plaintiff. The fee for the certificate issued pursuant to this subdivision is fifteen dollars ($15). Upon request, the department shall furnish a copy of any notice of attachment or notice affecting a notice of attachment for a fee of one dollar ($1) per page.
(d) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished.
(Amended by Stats. 2003, Ch. 719, Sec. 1. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.395.

488.395. Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405:
(a) To attach farm products or inventory of a going business in the possession or under the control of the defendant, the levying officer shall place a keeper in charge of the property for the period prescribed by subdivisions (b) and (c). During the keeper period, the business may continue to operate in the ordinary course of business provided that all sales are final and are for cash or its equivalent. For the purpose of this subdivision, a check is the equivalent of cash. The levying officer is not liable for accepting payment in the form of a cash equivalent. The keeper shall take custody of the proceeds from all sales unless otherwise directed by the plaintiff.
(b) Subject to subdivision (c), the period during which the business may continue to operate under the keeper is:
(1) Ten days, if the defendant is a natural person and the writ of attachment has been issued ex parte pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or pursuant to Chapter 5 (commencing with Section 485.010).
(2) Two days, in cases not described in paragraph (1).
(c) Unless some other disposition is agreed upon by the plaintiff and the defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times:
(1) At any time the defendant objects to placement of a keeper in charge of the business.
(2) At the conclusion of the applicable period prescribed by subdivision (b).
(d) A defendant described in paragraph (1) of subdivision (b) may claim an exemption pursuant to subdivision (b) of Section 487.020 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. Upon a showing that the property is exempt pursuant to subdivision (b) of Section 487.020, the court shall order the release of the exempt property and may make such further order as the court deems appropriate to protect against frustration of the collection of the plaintiff’s claim. The order may permit the plaintiff to attach farm products or inventory of the going business and proceeds or after-acquired property, or both, by filing pursuant to Section 488.405 and may provide reasonable restrictions on the disposition of the property previously attached.
(e) This section does not apply to the placement of a keeper in a business for the purpose of attaching tangible personal property consisting solely of money or equivalent proceeds of sales, which shall be conducted in the same manner as provided in Section 700.070.
(Amended by Stats. 1996, Ch. 1159, Sec. 10. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.415.

488.415. To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.425.

488.425. If a vehicle or vessel is attached and a certificate of ownership has been issued by the Department of Motor Vehicles for the vehicle or vessel and the certificate of ownership is still in effect, or if a mobilehome or commercial coach is attached and a certificate of title has been issued by the Department of Housing and Community Development for the mobilehome or commercial coach and the certificate of title is still in effect, the levying officer shall comply with Section 700.090.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.435.

488.435. (a) To attach chattel paper, the levying officer shall comply with Section 700.100.
(b) In addition to any other rights created by a levy on chattel paper, the levy creates a lien on the defendant’s rights in specific goods subject to the chattel paper.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.440.

488.440. To attach an instrument, the levying officer shall comply with Section 700.110.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.445.

488.445. To attach a negotiable document of title, the levying officer shall comply with Section 700.120.
(Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 8 - Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property › ARTICLE 2 - Methods of Levy › Section 488.450.

488.450. To attach a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security is located and, where that state is California, means personal service by the levying officer of a copy of the writ of attachment and notice of attachment on the person who is to be served.
(Amended by Stats. 1996, Ch. 497, Sec. 1.5. Effective January 1, 1997.)