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§ 484.330.Hearing Required; Service Upon Defendant

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 1991 · Last verified July 28, 2026

In one sentenceSection 484.330 bars any additional writ under Article 2 without a hearing, and requires the defendant be served with a notice of application and hearing and a copy of the application at least fifteen days before the hearing.

Full Text of § 484.330

Text sizeJump to: (a) (b)

No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following:
(a) A notice of application and hearing.
(b) A copy of the application.

Plain-English Summary

Additional writs under this article follow the same no-hearing-no-writ principle as the original attachment procedure, but with a longer runway. The defendant has to be served with a notice of application and hearing and a copy of the application at least fifteen days before the hearing — noticeably more lead time than the general motion-notice period behind the original application under § 1005(b).

That extra time gives the defendant a real window to evaluate whether the newly targeted property should be claimed exempt under § 484.350, before the court rules on whether to let the additional writ issue.

Frequently Asked Questions

How much notice does a defendant get before a hearing on an additional writ?

At least fifteen days, under § 484.330.

What must be served on the defendant before that hearing?

A notice of application and hearing, together with a copy of the application.

Can the court issue an additional writ under this article without a hearing?

No, § 484.330 requires a hearing before the writ can issue.

Amendment History

Amended by Stats. 1991, Ch. 1090, 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: notice for additional writ of attachment california