SECTIONS 482.010-482.120

482.010.  This title shall be known and may be cited as "TheAttachment Law."482.020.  Nothing in this title precludes the granting of reliefpursuant to Chapter 3 (commencing with Section 525) of Title 7.482.030.  (a) The Judicial Council may provide by rule for thepractice and procedure in proceedings under this title. (b) The Judicial Council shall prescribe the form of theapplications, notices, orders, and other documents required by thistitle.482.040.  The facts stated in each affidavit filed pursuant to thistitle shall be set forth with particularity. Except where matters arespecifically permitted by this title to be shown by information andbelief, each affidavit shall show affirmatively that the affiant, ifsworn as a witness, can testify competently to the facts statedtherein. As to matters shown by information and belief, the affidavitshall state the facts on which the affiant's belief is based,showing the nature of his information and the reliability of hisinformant. The affiant may be any person, whether or not a party tothe action, who has knowledge of the facts. A verified complaint thatsatisfies the requirements of this section may be used in lieu of orin addition to an affidavit.482.050.  (a) If the plaintiff so requests in writing at the time hefiles his complaint, the clerk of the court with whom the complaintis filed shall not make available to the public the records anddocuments in such action before either (1) 30 days after the filingof the complaint or (2) the filing pursuant to this title of thereturn of service of the notice of hearing and any temporaryprotective order, or of the writ of attachment if issued withoutnotice, whichever event occurs first. (b) Notwithstanding subdivision (a), the clerk of the court shallmake the entire file in the action available for inspection at anytime to any party named in the complaint or to his attorney. (c) The request by plaintiff that the fact of filing of acomplaint or application for relief not be made public may take theform of a notation to that effect, made by rubber stamp or othersuitable means, at the top of the first page of the complaint filedwith the clerk.482.060.  (a) Except as otherwise provided in subdivision (b), thejudicial duties to be performed under this title are subordinatejudicial duties within the meaning of Section 22 of Article VI of theCalifornia Constitution and may be performed by appointed officerssuch as court commissioners. (b) The judicial duties to be performed in the determination ofthe following matters are not subordinate judicial duties: (1) A contested claim of exemption. (2) A contested motion for determination of the liability anddamages for wrongful attachment. (3) A contested third-party claim. (4) A contested proceeding to enforce a third person's liability. (c) Nothing in subdivision (b) limits the power of a court toappoint a temporary judge pursuant to Section 21 of Article VI of theCalifornia Constitution.482.070.  (a) Except as otherwise provided in this title, a writ,notice, order, or other paper required or permitted to be servedunder this title may be served personally or by mail. (b) Except as otherwise provided in this section, service of awrit, notice, order, or other paper under this title is governed byArticle 1 (commencing with Section 684.010) and Article 2 (commencingwith Section 684.110) of Chapter 4 of Division 1 of Title 9,including the provisions of Section 684.120 extending time whenservice is made by mail. (c) For the purpose of subdivision (b), in Article 1 (commencingwith Section 684.010) and Article 2 (commencing with Section 684.110)of Chapter 4 of Division 1 of Title 9: (1) References to the "judgment debtor" shall be deemed referencesto the defendant. (2) References to the "judgment creditor" shall be deemedreferences to the plaintiff. (3) References to a "writ" shall be deemed references to a writ ofattachment. (4) References to a "notice of levy" shall be deemed references toa notice of attachment. (d) If the defendant has not appeared in the action and a writ,notice, order, or other paper is required to be personally served onthe defendant under this title, service shall be made in the samemanner as a summons is served under Chapter 4 (commencing withSection 413.10) of Title 5. (e) Except for service of a subpoena or other process to requirethe attendance of the defendant or service of a paper to bring thedefendant into contempt, if the defendant has an attorney of recordin the action, service shall be made on the attorney rather than onthe defendant. (f) Proof of service under this title is governed by Article 3(commencing with Section 684.210) of Chapter 4 of Division 1 of Title9.482.080.  (a) If a writ of attachment is issued, the court may alsoissue an order directing the defendant to transfer to the levyingofficer either or both of the following: (1) Possession of the property to be attached if the property issought to be attached by taking it into custody. (2) Possession of documentary evidence of title to property of ora debt owed to the defendant that is sought to be attached. An orderpursuant to this paragraph may be served when the property or debt islevied upon or thereafter. (b) The order shall be personally served on the defendant andshall contain a notice to the defendant that failure to comply withthe order may subject the defendant to arrest and punishment forcontempt of court.482.090.  (a) Several writs in the same form may be issuedsimultaneously or from time to time upon the same undertaking,whether or not any writ previously issued has been returned. (b) After the return of the writ of attachment, or upon the filingby the plaintiff of an affidavit setting forth the loss of the writof attachment, the clerk, upon demand of the plaintiff at any timebefore judgment, may issue an alias writ which shall be in the sameform as the original without requirement of a new undertaking. (c) The date of issuance of a writ of attachment shall be deemedto be the date the writ is first issued.482.100.  (a) The defendant may claim an exemption provided inSection 487.020 for property levied upon pursuant to a writ issuedunder this title if the right to the exemption is the result of achange in circumstances occurring after (1) the denial of a claim ofexemption for the property earlier in the action or (2) theexpiration of the time for claiming the exemption earlier in theaction. (b) A claim of exemption under this section shall follow theprocedure provided in Article 2 (commencing with Section 703.510) ofChapter 4 of Division 2 of Title 9 except that, subject tosubdivision (a), the defendant may claim the exemption at any time.For this purpose, references in Article 2 (commencing with Section703.510) of Chapter 4 of Division 2 of Title 9 to the "judgmentdebtor" shall be deemed references to the defendant, and referencesto the "judgment creditor" shall be deemed references to theplaintiff. (c) The exemption provided by subdivision (b) of Section 487.020may be claimed at the defendant's option either pursuant tosubdivision (b) of this section or by following the procedureprovided in this subdivision. The claim shall be made by filing withthe court and serving on the plaintiff a notice of motion. Service onthe plaintiff shall be made not less than three days prior to thedate set for the hearing. The hearing shall be held not more thanfive days after the filing of the notice of motion unless, for goodcause shown, the court orders otherwise. The notice of motion shallstate the relief requested and shall be accompanied by an affidavitsupporting any factual issues raised and points and authoritiessupporting any legal issues raised. At the hearing on the motion, thedefendant has the burden of showing that the property is exemptpursuant to subdivision (b) of Section 487.020. Upon this showing andthe showing required by subdivision (a), the court shall order therelease of the property.482.110.  (a) The plaintiff's application for a right to attachorder and a writ of attachment pursuant to this title may include anestimate of the costs and allowable attorney's fees. (b) In the discretion of the court, the amount to be secured bythe attachment may include an estimated amount for costs andallowable attorney's fees.482.120.  If the court determines at the hearing on issuance of awrit of attachment under this title that the value of the defendant'sinterest in the property described in the plaintiff's applicationclearly exceeds the amount necessary to satisfy the amount to besecured by the attachment, the court may direct the order of levy onthe property described in the writ or restrict the amount of theproperty to be levied upon.