(a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the hearing a notice of opposition. The notice shall state the grounds on which the defendant opposes the issuance of the order or objects to the amount sought to be secured by the attachment and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.
§ 484.060.Notice of Opposition
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 1990 · Last verified July 28, 2026
In one sentenceSection 484.060 requires a defendant who wants to contest an attachment application, or object to the secured amount, to file and serve a notice of opposition with supporting affidavit and authorities at least five court days before the hearing or lose the right to oppose, while letting the plaintiff file a reply two court days before the hearing.
Full Text of § 484.060
(c) The plaintiff may file and serve upon the opposing party a reply two court days prior to the date set for the hearing.
Plain-English Summary
A defendant who wants to fight an attachment application has one document to file: the notice of opposition. It has to state the grounds for opposing the order (or objecting to the amount sought), and it has to be accompanied by an affidavit for any factual issues and points and authorities for any legal ones. The deadline is firm — no later than five court days before the hearing — and § 484.060(a) makes the consequence explicit: miss it, and the defendant isn't permitted to oppose at all.
A defendant who also wants to claim an exemption doesn't need a separate filing for that purpose alone; subdivision (b) lets the exemption claim ride along inside the same notice of opposition, following the requirements of § 484.070.
The plaintiff isn't shut out either. Subdivision (c) lets the plaintiff file and serve a reply two court days before the hearing, giving the plaintiff a last word on whatever the defendant raised.
Frequently Asked Questions
What's the deadline for a defendant to oppose an attachment application?
No later than five court days before the date set for the hearing, under § 484.060(a).
What happens if the defendant misses that deadline?
The defendant is barred from opposing the issuance of the right to attach order at all.
Can a defendant raise an exemption claim in the same notice of opposition?
Yes. Section 484.060(b) lets a defendant include a claim of exemption under § 484.070 in the same notice of opposition.
Does the plaintiff get to respond to the defendant's opposition?
Yes, § 484.060(c) allows the plaintiff to file and serve a reply two court days before the hearing.
Amendment History
Amended by Stats. 1990, Ch. 1491, Sec. 6.
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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