The notice of application and hearing shall inform the defendant of all of the following:
§ 484.340.Notice of Application and Hearing
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 484.340 requires the notice served on the defendant to explain that a writ has been applied for, the hearing's time and place, that nonexempt property described in the application will be attached absent a valid exemption claim, the deadline and procedure for claiming an exemption, and the defendant's right to consult an attorney.
Full Text of § 484.340
(a) The plaintiff has applied for a writ of attachment to attach the property described in the application.
(b) A hearing will be held at a place and at a time, to be specified in the notice, to determine whether the plaintiff is entitled to the writ.
(c) A writ of attachment will be issued to attach the property described in the plaintiff's application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment.
(d) If the defendant claims that the property described in the application, or a portion thereof, is exempt from attachment, the defendant may file with the court and serve on the plaintiff a claim of exemption with respect to the property as provided in Section 484.350 not later than five days prior to the date set for hearing. If the defendant fails to make such a claim with respect to personal property, the defendant may not later claim the exemption in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.
(e) Either the defendant or the defendant's attorney or both of them may be present at the hearing.
(f) 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 tells the defendant exactly what's at stake and what to do about it before the additional-writ hearing. It must state that the plaintiff has applied for a writ to attach the property described in the application, when and where the hearing will occur, and that the writ will issue as to that property unless the court finds it exempt or its value clearly exceeds what's needed to satisfy the secured amount.
The notice also has to explain the exemption deadline: the defendant may file and serve a claim of exemption under § 484.350 not later than five days before the hearing date. Missing that deadline for personal property bars the claim later, absent a showing of changed circumstances after the deadline passed. As with the original attachment notice, the defendant must also be told that either the defendant or the defendant's attorney may appear, and be urged to consult an attorney promptly.
Frequently Asked Questions
What does the notice tell the defendant about the additional writ?
That the plaintiff has applied for a writ to attach the property described in the application, and when and where the hearing will occur.
By when must the defendant claim an exemption for the newly targeted property?
Not later than five days before the date set for the hearing, under § 484.350's procedure.
What happens if the defendant misses that exemption deadline?
For personal property, the exemption is barred later absent a showing of a change in circumstances occurring after the deadline passed.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 37. 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: notice of hearing additional writ of attachment california