Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an undertaking to pay the defendant any amount the defendant may recover for any wrongful attachment by the plaintiff in the action.
§ 489.210.Undertaking Filed Before Issuance of Writ Or Order
Title 6.5. Attachment · Chapter 9. Undertakings · Article 2. Undertakings to Obtain Writ of Attachment or Protective Order · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 489.210 requires the plaintiff to file an undertaking before a writ of attachment, a temporary protective order, or a lien order under § 491.415(b) can issue, promising to pay the defendant any amount recovered for a wrongful attachment in the action.
Full Text of § 489.210
Plain-English Summary
Attachment lets a plaintiff tie up a defendant's property before trial, on nothing more than a showing of probable success. Section 489.210 is the price of that power: before a writ, a temporary protective order, or a lien order under § 491.415(b) can issue, the plaintiff must post an undertaking.
The undertaking is not paid to the court -- it is the plaintiff's promise to pay the defendant whatever the defendant later recovers if the attachment turns out to be wrongful under § 490.010. It gives the defendant a fund to draw on, rather than an unsecured claim against a plaintiff who may not have the money to pay damages.
Because the undertaking must be filed before the writ issues, a plaintiff who wants fast access to a defendant's property has to arrange for the bond first. The amount is set by § 489.220, not by this section.
Frequently Asked Questions
Can a plaintiff get a writ of attachment before filing an undertaking?
No. Section 489.210 requires the undertaking to be filed before the writ, the temporary protective order, or a § 491.415(b) lien order issues.
What does the undertaking under § 489.210 promise?
It promises to pay the defendant any amount the defendant may recover for a wrongful attachment by the plaintiff in the action, as defined in § 490.010.
Where do I find the dollar amount required for this undertaking?
Section 489.210 requires the undertaking but does not set its amount; § 489.220 sets the default amount and the conditions for increasing it.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 7.
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
Also known as: undertaking to obtain writ of attachment californiaattachment bond requirement californiatemporary protective order undertaking