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§ 482.120.Order Restricting Amount of Property to Be Levied

Title 6.5. Attachment · Chapter 2. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 482.120 lets the court, if it finds at the writ-issuance hearing that the defendant’s interest in the described property clearly exceeds what is needed to satisfy the amount secured, either direct which property to levy on or restrict the amount of property levied.

Full Text of § 482.120

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On If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant's interest in the property described in the plaintiff's application clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment, the court may direct the order of levy on the property described in the writ or restrict the amount of the property to be levied upon.

Plain-English Summary

Attachment is meant to secure a claim, not to tie up more of a defendant’s property than the claim justifies. Section 482.120 gives the court a tool to prevent that overreach: if, at the hearing on issuing a writ, the court finds that the value of the defendant’s interest in the property described in the plaintiff’s application clearly exceeds the amount necessary to satisfy the amount to be secured, the court may direct the order of levy on the described property or restrict how much of it may be levied upon.

This proportionality check works alongside § 488.720, which lets a defendant later move to release an attachment to the extent the value of the defendant’s interest in already-attached property exceeds what is needed to satisfy the secured amount.

Frequently Asked Questions

Can a court limit an attachment to less than all the property a plaintiff asks to levy on?

Yes. Section 482.120 lets the court restrict the amount of property to be levied upon, or direct the order of levy, if the defendant’s interest in the property clearly exceeds what is needed to satisfy the amount secured.

Is there a remedy if too much property was already attached?

Section 488.720 provides a motion to release an attachment to the extent the value of the defendant’s interest exceeds the amount necessary to satisfy the amount secured, complementing this section’s hearing-stage safeguard.

Amendment History

Added by Stats. 1976, Ch. 437.

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
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