§ 489.230.Statement In Notice that Undertaking Filed
Title 6.5. Attachment · Chapter 9. Undertakings · Article 2. Undertakings to Obtain Writ of Attachment or Protective Order · Last amended 1982 · Last verified July 28, 2026
Full Text of § 489.230
Plain-English Summary
An undertaking does the defendant no good if the defendant never learns it exists. Section 489.230 closes that gap by requiring the notice of attachment itself to carry a statement -- in a form the Judicial Council adopts -- telling the defendant two things: that the plaintiff has filed an undertaking, and that the defendant has a right to object to it.
Subdivision (b) extends the same disclosure to temporary protective orders, requiring the TPO form to include a comparable statement.
Read together with § 489.220, this section makes the objection right meaningful in practice. A defendant who is never told about the undertaking, or about the chance to challenge its amount, cannot exercise the protection § 489.220(b) is designed to give.
Frequently Asked Questions
How does a defendant find out an attachment undertaking has been filed?
Section 489.230(a) requires the notice of attachment itself to include a Judicial Council statement advising the defendant that the undertaking has been filed and that the defendant may object to it.
Does the temporary protective order carry the same disclosure?
Yes. Section 489.230(b) requires the temporary protective order form to include a statement comparable to the one required on the notice of attachment.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 114.