§ 484.320.Application Requirements

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 2. Noticed Hearing Procedure for Obtaining Additional Writs · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 484.320 requires the sworn application for an additional writ under Article 2 to state that the plaintiff already holds a qualifying right to attach order, the amount it secures, a description of the property meeting § 484.020's standard, and the absence of any bankruptcy discharge or stay.

Full Text of § 484.320

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

The application shall be executed under oath and shall include all of the following:

(a) A statement that the plaintiff has been issued a right to attach order under Article 1 (commencing with Section 484.010) or that the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.

(b) A statement of the amount to be secured by the attachment.

(c) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that the property is subject to attachment. The description shall satisfy the requirements of Section 484.020.

(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).

Plain-English Summary

The application for an additional writ tracks the original application closely, minus the elements already decided. Subdivision (a) requires a statement that the plaintiff has been issued a right to attach order under Article 1, or that the court has found under § 485.240 that the plaintiff is entitled to one. Subdivision (b) requires the amount to be secured, and subdivision (c) requires a description of the property to be attached that meets § 484.020's own description requirements — including its shortcuts for corporate and partnership defendants.

Subdivision (d) repeats the bankruptcy disclosure from the original application: the plaintiff must state having no information or belief that the claim is discharged, or the action stayed, in a bankruptcy proceeding. That disclosure isn't a one-time formality — it has to be current as of each new application, since circumstances can change between the original attachment and any later writ.

Frequently Asked Questions

What must the application for an additional writ say about the earlier right to attach order?

That the plaintiff already holds a right to attach order under Article 1, or that a court has found under § 485.240 that the plaintiff is entitled to one.

Does the property description follow the same standard as the original application?

Yes, § 484.320(c) requires the description to satisfy § 484.020's requirements.

Does the application need to address bankruptcy again?

Yes. Subdivision (d) repeats the same statement about bankruptcy discharge or stay that the original application required.

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 36. 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

Also known as: additional writ of attachment application california