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§ 488.300.Construction of Terms

Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 2. Methods of Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 488.300 borrows the execution-levy procedures of Title 9's Article 4 (starting at § 700.010) for use in attachment, by defining that references there to a judgment creditor, judgment debtor, notice of levy, and writ mean the plaintiff, the defendant, a notice of attachment, and a writ of attachment.

Full Text of § 488.300

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If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 of Title 9 to:
(a) "Judgment creditor" shall be deemed references to the plaintiff.
(b) "Judgment debtor" shall be deemed references to the defendant.
(c) "Notice of levy" shall be deemed references to a notice of attachment.
(d) "Writ" shall be deemed references to a writ of attachment.

Plain-English Summary

Rather than writing an entirely separate set of levy mechanics for attachment, the Legislature reused the detailed execution-levy procedures already codified in Article 4 of Title 9 (starting at § 700.010). Section 488.300 is the translation key that makes that borrowing work: wherever those execution provisions say "judgment creditor," read "plaintiff"; wherever they say "judgment debtor," read "defendant"; "notice of levy" becomes "notice of attachment"; and "writ" becomes "writ of attachment."

Nearly every specific-property section that follows in this article — real property, tangible goods, chattel paper, instruments, and more — works by cross-referencing one of those execution-levy sections and letting this substitution rule do the rest. Understanding § 488.300 first makes the rest of Article 2 far easier to follow, since most of its sections are only a sentence or two long precisely because they lean on this incorporation.

Frequently Asked Questions

Why do so many of California's attachment levy statutes just cross-reference the execution statutes?

Section 488.300 lets attachment reuse the execution-levy procedures in Title 9's Article 4 (commencing with § 700.010) by deeming their references to judgment creditors, judgment debtors, and writs of execution to mean plaintiffs, defendants, and writs of attachment.

Does the notice of levy under an execution writ work the same as a notice of attachment?

Functionally yes for purposes of the incorporated procedures — § 488.300(c) treats references to notice of levy in the borrowed sections as references to a notice of attachment.

Amendment History

Added by Stats. 1982, Ch. 1198, Sec. 50. 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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