No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following:
§ 484.040.Hearing Required For Issuance of Order Or Writ; Documents Served Upon Defendant
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 1989 · Last verified July 28, 2026
In one sentenceSection 484.040 bars any right to attach order or writ from issuing under Chapter 4's noticed article without a hearing first, and requires the defendant be served with the summons and complaint, a notice of application and hearing, and copies of the application and any supporting affidavit, timed to the general motion-notice schedule of § 1005(b).
Full Text of § 484.040
(a) A copy of the summons and complaint.
(b) A notice of application and hearing.
(c) A copy of the application and of any affidavit in support of the application.
Plain-English Summary
This is the due-process backbone of the ordinary attachment procedure: no order or writ under this article without a hearing. Before that hearing, the defendant has to be served with four things — the summons and complaint, a notice of application and hearing, and a copy of the application together with any affidavit supporting it.
The timing for that service follows the general motion-notice schedule set by § 1005(b), the same statute that governs notice periods for civil motions generally. That link keeps attachment practice on the same clock litigants already use for other noticed motions in the case.
Section 484.040 is what most sharply separates this chapter from Chapter 5. The entire point of Chapter 5's ex parte procedure is to skip this hearing and this advance service when delay would cause the plaintiff great or irreparable injury under § 485.010. Under the ordinary procedure that begins here, the defendant always gets notice and an opportunity to be heard before any attachment order issues.
Frequently Asked Questions
Can a California court issue a writ of attachment under the noticed procedure without a hearing?
No. Section 484.040 requires a hearing before any order or writ issues under this article.
What has to be served on the defendant before the hearing?
A copy of the summons and complaint, a notice of application and hearing, and a copy of the application along with any affidavit supporting it.
How is the timing of that service set?
Section 484.040 ties it to the general motion-notice schedule in § 1005(b), the same timing rule used for civil motions generally.
Is this the same procedure as the emergency ex parte attachment?
No. This hearing requirement is what distinguishes the ordinary noticed procedure from Chapter 5's ex parte procedure, which is available only on a showing of great or irreparable injury under § 485.010.
Amendment History
Amended by Stats. 1989, Ch. 693, Sec. 2.
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: writ of attachment hearing requirement californiaservice of attachment application on defendant