§ 486.060.Checks Issued By Defendant Against Defendant's Accounts
Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Last amended 1983 · Last verified July 28, 2026
Full Text of § 486.060
Plain-English Summary
A property freeze that stopped a business from meeting payroll or paying its lawyers would do more damage than the underlying claim ever could. Section 486.060 keeps four categories of payment open regardless of the order's terms, in any amount: payroll expenses (including fringe benefits and taxes and workers' compensation and unemployment premiums) that fall due in the ordinary course of business before a writ is levied, payment for goods delivered C.O.D. for the defendant's trade, business, or profession, tax payments necessary to avoid penalties from further delay, and reasonable legal fees, costs, and expenses for defending the action.
Beyond those four categories, the defendant can still write checks for any purpose, but only up to a cap. The cap is the greater of two figures: the amount by which the total on deposit exceeds the sum of the amount the attachment seeks to secure plus whatever has already gone out under the four protected categories, or one thousand dollars. Whichever of those two numbers is larger sets the limit.
Frequently Asked Questions
Can a defendant still write checks after being served with a temporary protective order?
Yes. Section 486.060 lets the defendant keep issuing checks notwithstanding the order's terms, within the categories and dollar limits the statute sets.
What kinds of payments have no dollar limit under this section?
Payroll expenses (including fringe benefits, taxes, and workers' compensation or unemployment premiums) due before levy, C.O.D. payments for goods used in the defendant's trade, business, or profession, tax payments needed to avoid penalties, and reasonable legal fees and costs for defending the action.
How much can a defendant spend for other, unlisted purposes?
Whichever is greater: the amount by which funds on deposit exceed the sum of the attachment amount and the payments already made under the protected categories, or one thousand dollars.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 43. Operative July 1, 1983, by Sec. 70 of Ch. 1198.