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§ 484.020.Application Requirements

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 1. Right to Attach Order; Issuance of Writ of Attachment · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 484.020 lists the five sworn statements every attachment application must contain — that the claim qualifies for attachment, the amount sought, that attachment isn't sought for an improper purpose, the absence of a bankruptcy bar, and a description of the targeted property.

Full Text of § 484.020

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

The application shall be executed under oath and shall include all of the following:
(a) A statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued.
(b) A statement of the amount to be secured by the attachment.
(c) A statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy).
(e) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment. Where the defendant is a corporation, a reference to "all corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure Section 487.010" satisfies the requirements of this subdivision. Where the defendant is a partnership or other unincorporated association, a reference to "all property of the partnership or other unincorporated association which is subject to attachment pursuant to subdivision (b) of Code of Civil Procedure Section 487.010" satisfies the requirements of this subdivision. Where the defendant is a natural person, the description of the property shall be reasonably adequate to permit the defendant to identify the specific property sought to be attached.

Plain-English Summary

Every attachment application under Chapter 4 has to be executed under oath and cover five specific points. It must show the claim qualifies for attachment, state the amount the plaintiff wants secured, confirm the attachment isn't sought for any purpose beyond recovering on that claim, and disclose whether the plaintiff knows of any bankruptcy discharge or stay affecting the claim.

The property description in subdivision (e) gets special treatment depending on who the defendant is. Against a corporation, a reference to all corporate property subject to attachment under § 487.010(a) is enough. Against a partnership or other unincorporated association, the parallel reference to § 487.010(b) works the same way. Against a natural person, though, a generic reference won't do — the description has to be specific enough that the defendant can identify exactly what property the plaintiff is after.

That difference matters because natural-person defendants have far more protection against attachment than business entities do, and a vague description would make it hard for an individual to figure out what to defend or claim exempt at the hearing that § 484.040 requires.

Frequently Asked Questions

Does the attachment application have to be sworn?

Yes. Section 484.020 requires the application to be executed under oath.

Can I describe a corporate defendant's property generically?

Yes. A reference to all corporate property subject to attachment under Code of Civil Procedure § 487.010(a) satisfies § 484.020(e) when the defendant is a corporation, and the parallel partnership reference works the same way for an unincorporated association.

What if the defendant is an individual rather than a business?

The description has to be reasonably adequate to let that individual defendant identify the specific property the plaintiff wants attached — a generic reference isn't enough.

Do I have to say how much I want secured by the attachment?

Yes, § 484.020(b) requires a statement of the amount to be secured.

What does the application have to say about bankruptcy?

Section 484.020(d) requires the plaintiff to state having no information or belief that the claim is discharged in bankruptcy, or that the action is stayed in a bankruptcy proceeding.

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 30. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

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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