(a) If the defendant claims that the property described in the plaintiff's application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal property, or makes a claim with respect to real or personal property but fails to prove that the property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.
§ 484.350.Claim of Exemption
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 1999 · Last verified July 28, 2026
In one sentenceSection 484.350 lets a defendant claim that property targeted by an additional writ is exempt by describing the property, citing the supporting statute, and filing and serving the claim with a supporting affidavit at least five court days before the hearing, on pain of losing the claim later absent proof or a change in circumstances.
Full Text of § 484.350
(b) The claim of exemption shall:
(1) Describe the property claimed to be exempt.
(2) Specify the statute section supporting the claim.
(c) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised.
(d) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing.
Plain-English Summary
This exemption procedure parallels § 484.070's, streamlined for the additional-writ setting. Subdivision (a) covers both personal and real property targeted by the new application: if the defendant fails to claim an exemption for personal property, or claims one for either kind of property but fails to prove it, the claim is barred later except as § 482.100 allows for a change in circumstances.
Subdivisions (b) through (d) set the mechanics — the claim must describe the property and cite the statute supporting the exemption, come with a supporting affidavit and points and authorities, and be filed and served on the plaintiff at least five court days before the hearing.
Frequently Asked Questions
What must a claim of exemption for an additional writ include?
A description of the property claimed exempt and the statute section supporting the claim, under § 484.350(b).
When is that claim due?
At least five court days before the hearing, along with a supporting affidavit and points and authorities.
What if the defendant doesn't make this claim, or makes it and loses?
For personal property, later exemption claims are barred except as § 482.100 allows for a change in circumstances after the deadline passed.
Amendment History
Amended by Stats. 1998, Ch. 932, Sec. 15. Effective January 1, 1999.
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: claim of exemption additional writ of attachment california