§ 488.510.Release From Operation of Attachment At Expiration of 3 Years From Date of Writ's Issuance; Extension
Title 6.5. Attachment · Chapter 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property · Article 3. Lien of Attachment · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 488.510
Plain-English Summary
An attachment cannot secure a claim forever, and Section 488.510 sets the outer limit. Absent an earlier release, an attachment automatically ceases to have force three years after the writ that created it issued, and the levied property is released from the attachment at that point. That default expiration protects both the defendant, who should not have property tied up indefinitely, and third parties dealing with that property.
The plaintiff can push the deadline back, but only through a specific window and process: a motion filed no less than 10 and no more than 60 days before the three-year mark, with at least five days' notice to the defendant, and a court order made before expiration and supported by good cause. Each such extension adds up to one year. The plaintiff (or the plaintiff's attorney) or the levying officer must then record or file notice of the extension wherever the original writ and notice were recorded or filed, before the current period runs out. This cycle can repeat, but the total attachment period — the original three years plus every extension — cannot exceed eight years from the writ's original issuance. And once created, the attachment survives the defendant's death; it does not terminate because the defendant has died.
Frequently Asked Questions
How long does a California attachment lien last before it expires automatically?
Section 488.510(a) provides that an attachment expires three years after the writ of attachment issued, unless sooner released or discharged.
Can a plaintiff extend an attachment past three years?
Yes. Section 488.510(b) allows the court, on the plaintiff's motion filed 10 to 60 days before expiration with five days' notice to the defendant, to extend the attachment up to one year at a time for good cause.
Is there a maximum total lifespan for a California attachment, even with extensions?
Yes. Section 488.510(d) caps the combined period, including all extensions, at eight years from the date the writ of attachment issued.
Does an attachment end automatically if the defendant dies?
No. Section 488.510(e) states that the defendant's death does not terminate the attachment.
Amendment History
Repealed and added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.