(a) Upon ex parte application by the plaintiff and proof by the plaintiff by affidavit or otherwise to the satisfaction of the proper court that the plaintiff has a right to attach order and that a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant in an amount exceeding two hundred fifty dollars ($250), the court shall make an order directing the third person to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to answer concerning the property or debt. The affidavit in support of the plaintiff's application may be based on the affiant's information and belief.
§ 491.110.Order Directing Third Person to Appear; Service of Order; Lien Created; Failure to Appear; Mileage Fees
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 1. Examination of Third Person · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.110 lets a plaintiff who holds a right to attach order obtain an ex parte court order compelling a third person who possesses the defendant's property, or owes the defendant more than $250, to appear for examination, creating a lien on service and requiring mileage fees be tendered for the order to take effect.
Full Text of § 491.110
(b) Not less than 10 days prior to the date set for the examination, a copy of the order shall be:
(1) Served personally on the third person.
(2) Served personally or by mail on the defendant.
(c) If the property or the debt is described in the affidavit or application for an order under subdivision (a) in a manner reasonably adequate to permit it to be identified, service of the order on the third person creates a lien on the defendant's interest in the property in the third person's possession or control or on the debt owed by the third person to the defendant. The lien continues for a period of one year from the date of the order unless extended or sooner terminated by the court.
(d) The order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: "NOTICE TO PERSON SERVED. If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court and the court may make an order requiring you to pay the reasonable attorney's fees incurred by the plaintiff in this proceeding."
(e) The order is not effective unless, at the time it is served on the third person, the person serving the order tenders to the third person fees for the mileage necessary to be traveled from the third person's residence to the place of examination. The fees shall be in the same amount generally provided for witnesses when legally required to attend civil proceedings in the court where the examination proceeding is to be conducted.
Plain-English Summary
Sometimes the property a plaintiff wants to reach is not in the defendant's own hands but sitting with someone else -- a bank holding an account, a business owing money on a contract. Section 491.110(a) gives the plaintiff a tool for that situation: an ex parte application, supported by an affidavit (which may rest on information and belief), showing the plaintiff has a right to attach order and that a third person holds property in which the defendant has an interest or owes the defendant more than $250. The court then orders the third person to appear before the court or a referee for examination.
Subdivision (b) requires the order to be served at least ten days before the examination date -- personally on the third person, and personally or by mail on the defendant. Subdivision (c) gives that service teeth: if the property or debt is described well enough in the affidavit to be identified, serving the third person creates a lien on the defendant's interest in it, lasting one year unless the court extends or ends it sooner.
The remaining subdivisions protect the person being summoned. The order must carry a prominent warning, in 14-point bold or capital letters, that failing to appear can lead to arrest and a contempt finding, plus an order to pay the plaintiff's attorney's fees. And under subdivision (e), the order has no effect at all unless the mileage fees for traveling from the third person's residence to the examination -- the same fees paid to ordinary witnesses -- are tendered at the time of service.
Frequently Asked Questions
Can a plaintiff force a bank or business that owes the defendant money to appear in court?
Yes. Section 491.110(a) lets a plaintiff with a right to attach order apply ex parte for an order directing a third person who holds the defendant's property or owes the defendant more than $250 to appear for examination.
Does serving this order create a lien on the property automatically?
Yes, if the property or debt is adequately described. Section 491.110(c) creates a lien on service when the affidavit or application describes the property or debt well enough to identify it, and the lien lasts one year unless extended or ended sooner.
How much notice does the third person get before the examination?
Section 491.110(b) requires the order to be served at least 10 days before the examination date -- personally on the third person, and personally or by mail on the defendant.
Is the order effective even if mileage fees aren't paid to the third person?
No. Section 491.110(e) makes the order ineffective unless mileage fees, at the rate paid to ordinary witnesses, are tendered to the third person at the time of service.
Amendment History
Added by Stats. 1982, Ch. 1198, Sec. 57. 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
Also known as: third party examination california attachmentorder to appear examination attachment liendebtor examination third person california