§ 485.220.Findings Required For Ordering Writ to Issue
Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 2. Order Determining Right to Attach; Issuance of Writ of Attachment · Last amended 1998 · Last verified July 28, 2026
In one sentenceSection 485.220 requires the court to make six findings — a qualifying claim, probable validity, no improper purpose, non-exempt property, great or irreparable injury, and a positive secured amount — before issuing an ex parte right to attach order.
(a)The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, shall issue a right to attach order, which shall state the amount to be secured by the attachment, and 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 all of the following:
(1)The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3)The attachment is not sought for a purpose other than the recovery upon the claim upon which the attachment is based.
(4)The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is not exempt from attachment.
(5)The plaintiff will suffer great or irreparable injury (within the meaning of Section 485.010) if issuance of the order is delayed until the matter can be heard on notice.
(6)The amount to be secured by the attachment is greater than zero.
(b)If the court finds that the application and the supporting affidavit do not satisfy the requirements of Section 485.010, it shall so state and deny the order. If denial is solely on the ground that Section 485.010 is not satisfied, the court shall so state and such denial does not preclude the plaintiff from applying for a right to attach order and writ of attachment under Chapter 4 (commencing with Section 484.010) with the same affidavits and supporting papers.
Plain-English Summary
Six findings stand between an ex parte application and the order. Subdivision (a) requires the court to find that the claim is one on which attachment may be issued, that the plaintiff has established probable validity, that the attachment isn't sought for any improper purpose, that the affidavit shows the targeted property isn't exempt, that the plaintiff would suffer great or irreparable injury from delay within the meaning of § 485.010, and that the amount to be secured is greater than zero. If all six are met, the court issues the right to attach order stating the secured amount and orders the writ issued once the undertaking required by §§ 489.210 and 489.220 is filed.
Subdivision (b) builds in a safety valve. If the application fails only because § 485.010's great-or-irreparable-injury requirement isn't satisfied, the court says so — and that denial doesn't shut the plaintiff out of relief entirely. The plaintiff can still apply for a right to attach order under the ordinary noticed procedure of Chapter 4, using the very same affidavits and supporting papers already on file.
Frequently Asked Questions
What must a court find to grant an ex parte right to attach order?
The six findings in § 485.220(a): a proper claim type, probable validity, no improper purpose, non-exempt property, great or irreparable injury from delay, and an amount secured greater than zero.
What happens if the great-or-irreparable-injury showing fails but everything else is satisfied?
The court denies the ex parte order on that ground alone, but § 485.220(b) lets the plaintiff still pursue a right to attach order under the ordinary noticed procedure of Chapter 4, using the same affidavits and papers.
Is an undertaking required before the ex parte writ issues?
Yes, under §§ 489.210 and 489.220, the same as the noticed procedure.
What if the targeted property turns out to be exempt?
The court can't make the finding required by § 485.220(a)(4), so the ex parte order can't issue as to that property.
Amendment History
Amended by Stats. 1997, Ch. 222, Sec. 9. Effective January 1, 1998.
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 requirements california