§ 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
Full Text of § 484.510
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.