§ 484.520.Findings Required For Ordering Issuance of Writ

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 3. Ex Parte Procedure for Obtaining Additional Writs · Last amended 1976 · Last verified July 28, 2026

In one sentenceSection 484.520 requires the court to examine the ex parte application and affidavit and order the additional writ issued, on the filing of an undertaking, if a qualifying right to attach order already exists and the affidavit shows the targeted property isn't exempt.

Full Text of § 484.520

Text sizeJump to: (a) (b)

The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds both of the following:

(a) A right to attach order has been issued in the action pursuant to Article 1 (commencing with Section 484.010) or the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order.

(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be described in the writ, is not exempt from attachment.

Plain-English Summary

Only two findings stand between the application and the writ here. Subdivision (a) requires that a right to attach order already exists, issued under Article 1 or confirmed by the court under § 485.240. Subdivision (b) requires that the affidavit accompanying the application shows the targeted property isn't exempt.

The judicial review is a paper review — no hearing, no adversarial testing at this stage — which is exactly what the earlier adversarial testing of the underlying right to attach order makes appropriate. Once both findings are made, the court orders the writ issued on the filing of the undertaking required by §§ 489.210 and 489.220.

Frequently Asked Questions

What must the court find to issue this writ without notice?

That a qualifying right to attach order already exists, and that the affidavit shows the targeted property isn't exempt.

Is a hearing held before this writ issues?

No. The court decides on the application and affidavit alone.

Is an undertaking still required?

Yes, under §§ 489.210 and 489.220, the same as elsewhere in this title.

Amendment History

Amended by Stats. 1976, Ch. 437.

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 writ of attachment findings california