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§ 485.530.Affidavit Supporting Application

Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 3. Procedure for Obtaining Additional Writs · Last amended 1976 · Last verified July 28, 2026

In one sentenceSection 485.530 requires the application for an additional writ under this article to be supported by an affidavit showing both that the plaintiff would suffer great or irreparable injury from delay and that the targeted property isn't exempt, with the exemption showing allowed to rest on information and belief.

Full Text of § 485.530

Text sizeJump to: (a) (b)

(a) The application shall be supported by an affidavit showing both of the following:
(1) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the issuance of the writ of attachment were delayed until the matter could be heard on notice.
(2) The property sought to be attached is not exempt from attachment.
(b) The affidavit in support of the showing required by paragraph (2) of subdivision (a) may be based on the affiant's information and belief.

Plain-English Summary

The affidavit backing this application carries a double burden compared to Chapter 4's ex parte additional-writ affidavit under § 484.510. It has to show that the plaintiff would suffer great or irreparable injury (within the meaning of § 485.010) if the writ were delayed until the matter could be heard on notice, and that the property sought to be attached isn't exempt.

Subdivision (b) softens only the second showing: the non-exemption portion of the affidavit may rest on the affiant's information and belief. The injury showing, by contrast, has to be grounded in the facts the plaintiff presents — the same rigor § 485.010 demands for the original ex parte order.

Frequently Asked Questions

What must the supporting affidavit for this additional writ show?

That the plaintiff would suffer great or irreparable injury from delay, and that the targeted property isn't exempt from attachment.

Can the exemption portion of the affidavit rest on information and belief?

Yes, under § 485.530(b).

Why does this affidavit require more than the one used for additional writs under Chapter 4?

Because the underlying right to attach order here came from an ex parte order that hasn't yet been adversarially tested under § 485.240, so the emergency showing has to be renewed for each additional writ.

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: affidavit additional writ ex parte attachment california