§ 481.207.Secured Party
Title 6.5. Attachment · Chapter 1. Words and Phrases Defined · Last amended 2014 · Last verified July 28, 2026
Full Text of § 481.207
Plain-English Summary
This definition matters when a plaintiff’s claim is already secured by collateral, since § 483.010(b) limits attachment where the claim is secured by real property, and § 483.015(b)(4) reduces the amount an attachment secures by the value of any security interest the plaintiff already holds. Knowing who counts as the "secured party" clarifies whose collateral interest is being measured.
Frequently Asked Questions
Why does the amount secured by attachment depend on whether the plaintiff is a secured party?
Section 483.015(b)(4) reduces the amount an attachment secures by the value of any security interest the plaintiff already holds in the defendant’s property, so being a secured party under Section 481.207 can lower the attachable amount.
Where does this title get its definition of secured party?
Section 481.207 adopts the definition in paragraph (73) of subdivision (a) of Commercial Code Section 9102, rather than defining the term independently.
Amendment History
Amended by Stats 2013 ch 531 (AB 502),s 2, eff. 1/1/2014, op. 7/1/2014. EFFECTIVE 7/01/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).