The notice of application and hearing shall inform the defendant of all of the following:
§ 484.050.Notice of Application and Hearing
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 1998 · Last verified July 28, 2026
In one sentenceSection 484.050 lists everything the notice served on the defendant must explain — the hearing's time and place, that it decides only probable validity, how the secured amount is computed, what happens to nonexempt property, the deadlines for opposing or claiming an exemption, and the defendant's right to consult an attorney.
Full Text of § 484.050
(a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff's application for a right to attach order and a writ of attachment.
(b) The order will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for issuing the order are established. The hearing is not for the purpose of determining whether the claim is actually valid. The determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decisions at the hearing on the application for the order.
(d) If the right to attach order is issued, a writ of attachment will be issued to attach the property described in the plaintiff's application unless the court determines that such property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, additional writs of attachment may be issued to attach other nonexempt property of the defendant on the basis of the right to attach order.
(f) If the defendant claims that the personal property described in the application, or a portion thereof, is exempt from attachment, the defendant shall include that claim in the notice of opposition filed and served pursuant to Section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Section 484.070. If the defendant does not do so, the claim of exemption will be barred in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.
(g) The defendant may obtain a determination at the hearing whether real or personal property not described in the application or real property described in the application is exempt from attachment by including the claim in the notice of opposition filed and served pursuant to Section 484.060 or by filing and serving a separate claim of exemption with respect to the property as provided in Section 484.070, but the failure to so claim that the property is exempt from attachment will not preclude the defendant from making a claim of exemption with respect to the property at a later time.
(h) Either the defendant or the defendant's attorney or both of them may be present at the hearing.
(i) The notice shall contain the following statement: "You may seek the advice of an attorney as to any matter connected with the plaintiff's application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing."
Plain-English Summary
This notice does the real work of informing a defendant what's about to happen and what to do about it. It has to state when and where the hearing will occur, and it has to explain — in plain terms the statute itself dictates — that the hearing decides only whether the claim is probably valid, not whether the claim is valid on the merits. That distinction matters: § 484.050(b) says the claim's actual validity gets decided later in the action, unaffected by anything found at the attachment hearing.
The notice also has to summarize how the secured amount is calculated under §§ 482.110, 483.010, 483.015, and 483.020, and explain that a right to attach order opens the door to attaching described property (unless the court finds it exempt or excessive in value), with additional writs available later to reach other nonexempt property.
Finally, the notice has to spell out the defendant's options and deadlines: file a notice of opposition and supporting affidavit under § 484.060 no later than five court days before the hearing, raise any exemption claim either in that opposition or separately under § 484.070, and know that either the defendant or the defendant's attorney may appear. The notice must also tell the defendant, in the statute's own words, to consult an attorney promptly.
Frequently Asked Questions
What must the notice tell the defendant about what the hearing decides?
Section 484.050(b) requires the notice to explain that the hearing determines only whether the claim is probably valid, not whether the claim is valid on the merits — the actual merits are decided later in the action.
How is the amount to be secured by the attachment determined?
Section 484.050(c) requires the notice to summarize how that amount is set under §§ 482.110, 483.010, 483.015, and 483.020.
What happens to property the plaintiff didn't originally describe?
Section 484.050(d) explains that additional writs may later issue to attach other nonexempt property of the defendant, based on the same right to attach order.
By when must the defendant file a notice of opposition?
Not later than five court days before the date set for the hearing, as § 484.050(e) requires and § 484.060 governs in detail.
What if the defendant wants to claim that some property is exempt?
Amendment History
Amended by Stats. 1997, Ch. 222, Sec. 7. 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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