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§ 484.510.Time Plaintiff May Apply For Writ By Filing Application

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 3. Ex Parte Procedure for Obtaining Additional Writs · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 484.510 lets a plaintiff who already holds a qualifying right to attach order — from Article 1 or a § 485.240 confirmation — apply for an additional writ entirely ex parte, without notice or hearing, on an application meeting § 484.320's requirements plus an affidavit, which may rest on information and belief, that the targeted property isn't exempt.

Full Text of § 484.510

Text sizeJump to: (a) (b)

(a) At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment under this article by filing an application which meets the requirements of Section 484.320 with the court in which the action is brought.
(b) The application shall be accompanied by an affidavit showing that the property sought to be attached is not exempt from attachment. Such affidavit may be based on the affiant's information and belief.

Plain-English Summary

This is the no-notice counterpart to Article 2, available on the same two qualifying triggers: a right to attach order issued under the ordinary noticed procedure of Article 1, or a court's finding under § 485.240 that the plaintiff is entitled to one. The application itself has to meet § 484.320's requirements, and subdivision (b) adds an affidavit showing the property sought isn't exempt — a showing that, unlike the underlying claim's validity, may rest on the plaintiff's information and belief.

The reason no notice is required here traces back to how the right to attach order was obtained. Because it already went through adversarial testing — either the original noticed hearing or the defendant's own § 485.240 challenge — the only real question left is whether the newly targeted property is exempt, and that's a question the court can resolve on the papers alone.

Frequently Asked Questions

Does this ex parte additional writ require a fresh showing of great or irreparable injury?

No. Because it depends on a right to attach order that already went through adversarial testing, it doesn't require the emergency showing Chapter 5 demands for an original ex parte order.

What has to accompany the application for this ex parte writ?

An affidavit showing the property sought to be attached isn't exempt from attachment.

Can that affidavit rest on the plaintiff's information and belief?

Yes, for the non-exemption showing specifically.

How is this different from the additional-writ procedure in Article 2?

Article 2 requires notice to the defendant and a hearing under §§ 484.330 and 484.370; this article lets the plaintiff obtain the writ without either.

Amendment History

Added by Stats. 1974, Ch. 1516.

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: ex parte additional writ of attachment california