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§ 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

In one sentenceSection 486.060 lets a defendant under a temporary protective order keep writing checks in any amount for payroll, COD goods, urgent taxes, and legal fees, plus checks for any other purpose up to the greater of a deposit-based formula or one thousand dollars.

Full Text of § 486.060

Text sizeJump to: (a) (b) (c)

(a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant's accounts in a financial institution in this state to the extent permitted by this section.
(b) The defendant may issue any number of checks in any amount for the following purposes:
(1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers' compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.
(2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant's trade, business, or profession.
(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.
(4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.
(c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following:
(1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).
(2) One thousand dollars ($1,000).

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.

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
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