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§ 483.010.Generally

Title 6.5. Attachment · Chapter 3. Actions in Which Attachment Authorized · Last amended 1998 · Last verified July 28, 2026

In one sentenceSection 483.010 sets the core eligibility test for a California attachment: a contract-based money claim, fixed or readily ascertainable and at least $500 exclusive of costs, interest, and attorney’s fees, generally unsecured by real property, and (against a natural person) tied to that person’s trade, business, or profession rather than personal, family, or household use.

Full Text of § 483.010

Text sizeJump to: (a) (b) (c) (d)

(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fees.
(b) An attachment may not be issued on a claim which is secured by any interest in real property arising from agreement, statute, or other rule of law (including any mortgage or deed of trust of realty and any statutory, common law, or equitable lien on real property, but excluding any security interest in fixtures subject to Division 9 (commencing with Section 9101) of the Commercial Code). However, an attachment may be issued where the claim was originally so secured but, without any act of the plaintiff or the person to whom the security was given, the security has become valueless or has decreased in value to less than the amount then owing on the claim, in which event the amount to be secured by the attachment shall not exceed the lesser of the amount of the decrease or the difference between the value of the security and the amount then owing on the claim.
(c) If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or profession. An attachment may not be issued on a claim against a defendant who is a natural person if the claim is based on the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the money loaned was used by the defendant primarily for personal, family, or household purposes.
(d) An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.

Plain-English Summary

This is the threshold gate for the entire Attachment Law — no attachment issues unless the underlying claim clears every requirement in § 483.010. Subdivision (a) requires an action on a claim, or claims, for money based on a contract, express or implied, where the total is a fixed or readily ascertainable amount of at least $500, exclusive of costs, interest, and attorney’s fees. That excludes purely tort-based claims and claims whose amount cannot be pinned down without a separate, uncertain damages determination.

Subdivision (b) generally bars attachment on a claim secured by any interest in real property arising from agreement, statute, or other rule of law — a mortgage or deed of trust, or a statutory, common law, or equitable lien on real property — though it excludes a security interest in fixtures under the Commercial Code’s secured-transactions article from that bar. There is a narrow exception: if the claim was originally secured that way but the security has since become valueless, or has dropped in value below what is owed, without any act by the plaintiff or the person who received the security, an attachment may still issue, capped at the lesser of the amount of the decrease or the difference between the security’s value and the amount owed.

Subdivision (c) adds a consumer-protection limit that applies only when the defendant is a natural person: the claim must arise from the defendant’s conduct of a trade, business, or profession. Attachment is unavailable against an individual defendant on a claim based on the sale or lease of property, a license to use property, furnished services, or a loan of money, if what was sold, leased, licensed, furnished, or loaned was used by the defendant mainly for personal, family, or household purposes. Subdivision (d) confirms that attachment remains available under this section regardless of whether the plaintiff also demands other forms of relief in the same action.

Frequently Asked Questions

What is the minimum claim amount for a California attachment?

Section 483.010(a) requires the total claim or claims to be a fixed or readily ascertainable amount of at least $500, exclusive of costs, interest, and attorney’s fees.

Can you attach an individual’s property over an unpaid personal loan or consumer debt?

Generally no. Section 483.010(c) bars attachment against a natural-person defendant on a claim based on a loan, sale, lease, license, or furnished services if the money, property, or services were used mainly for personal, family, or household purposes.

Does the claim have to be based on a written contract?

No. Section 483.010(a) covers a claim based on a contract, express or implied, so an implied contract can support attachment as long as the amount is fixed or readily ascertainable and meets the $500 minimum.

Can you attach property that already secures the debt through a mortgage or deed of trust?

Generally no, under Section 483.010(b), unless the security has become valueless or has dropped below the amount owed without any act of the plaintiff or the person who received the security, in which case attachment may issue for the shortfall.

Amendment History

Amended (as amended by Stats. 1995, Ch. 591, Sec. 1) by Stats. 1997, Ch. 222, Sec. 1. Effective January 1, 1998.

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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