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§ 489.220.Amount

Title 6.5. Attachment · Chapter 9. Undertakings · Article 2. Undertakings to Obtain Writ of Attachment or Protective Order · Last amended 2002 · Last verified July 28, 2026

In one sentenceSection 489.220 sets the plaintiff's attachment undertaking at $10,000 by default, but requires the court to raise that amount if the defendant objects and the court finds the probable wrongful-attachment recovery would exceed it.

Full Text of § 489.220

Text sizeJump to: (a) (b)

(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000).
(b) If, upon objection to the undertaking, the court determines that the probable recovery for wrongful attachment exceeds the amount of the undertaking, it shall order the amount of the undertaking increased to the amount it determines to be the probable recovery for wrongful attachment if it is ultimately determined that the attachment was wrongful.

Plain-English Summary

Ten thousand dollars is the default. Section 489.220(a) fixes that figure as the undertaking amount for most attachments, without requiring the plaintiff to prove anything about the likely damages a wrongful attachment could cause.

That default is not final. Subdivision (b) lets the defendant object to the undertaking, and if the court agrees that a wrongful attachment would probably cost the defendant more than $10,000, the court must order the amount raised to match its own estimate of the probable recovery. The defendant carries the burden of putting that higher exposure in front of the court.

The two-tier structure balances speed against protection. Most cases move forward on the flat $10,000 figure without a separate hearing, while a defendant facing a substantial business loss from a wrongful attachment has a path to a bond that covers it.

Frequently Asked Questions

How much is the default attachment undertaking in California?

Section 489.220(a) sets it at $10,000, unless the court orders a higher amount under subdivision (b).

Can the $10,000 undertaking be increased?

Yes. Under § 489.220(b), if the defendant objects and the court finds the probable wrongful-attachment recovery would exceed the undertaking, the court must order the amount increased to match that probable recovery.

Who has to raise the issue of an inadequate undertaking amount?

Section 489.220(b) is triggered by an objection to the undertaking; the increase happens only once the defendant raises the issue and the court makes the required finding.

Amendment History

Amended by Stats 2001 ch 812 (AB 223), s 3, eff. 1/1/2002.

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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