§ 481.117.Instrument

Title 6.5. Attachment · Chapter 1. Words and Phrases Defined · Last amended 2001 · Last verified July 28, 2026

In one sentenceSection 481.117 defines "instrument" for attachment purposes using the Commercial Code’s definition, generally a negotiable note, draft, or similar writing evidencing a right to payment of money.

Full Text of § 481.117

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"Instrument" means "instrument" as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.

Plain-English Summary

A promissory note or a check are common examples of an instrument. Section 481.117 borrows the Commercial Code’s definition so this title reaches the same category of negotiable paper that secured-transactions law does. Section 488.440 sets out the levy procedure for attaching an instrument, and § 481.225 classifies instruments as tangible personal property under this title.

Frequently Asked Questions

What is a typical example of an instrument under this title?

A negotiable promissory note or check is a common example, since Section 481.117 adopts the Commercial Code’s definition of instrument.

Is an instrument treated as tangible or intangible property under this title?

Section 481.225 classifies an instrument as tangible personal property, which means it is attached by taking custody of the paper itself under Section 488.440.

Amendment History

EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: instrument definition california attachmentattaching a promissory note california