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§ 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

In one sentenceSection 488.510 lets an attachment lapse automatically three years after the writ issued unless sooner released, but allows the court to extend it for up to one additional year at a time on the plaintiff's motion, up to a total of eight years, and provides that the defendant's death does not end it.

Full Text of § 488.510

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

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.
(b) Notwithstanding subdivision (a), upon motion of the plaintiff, made not less than 10 or more than 60 days before the expiration of the three-year period and upon notice of not less than five days to the defendant whose property is attached, the court in which the action is pending may, by order filed prior to the expiration of the period and for good cause, extend the time of the attachment for a period not exceeding one year from the date on which the attachment would otherwise expire.
(c) The levying officer shall serve notice of the order upon any person holding property pursuant to an attachment and shall record or file the notice in any office where the writ and notice of attachment are recorded or filed prior to the expiration of the period described in subdivision (a) or any extension thereof. Where the attached property is real property, the plaintiff or the plaintiff's attorney, instead of the levying officer, may record the required notice.
(d) Any attachment may be extended from time to time in the manner prescribed in this section, but the maximum period of the attachment, including the extensions, shall not exceed eight years from the date of issuance of the writ of attachment under which the levy of attachment was made.
(e) The death of the defendant whose property is attached does not terminate the attachment.

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.

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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