(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the writ of attachment.
§ 491.150.Proper Court For Examination
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 1. Examination of Third Person · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 491.150 designates the court that issued the writ of attachment as the proper court for an examination, protects a person from being examined more than 150 miles from home or business, and specifies the papers a plaintiff must file to seek examination before a different court.
Full Text of § 491.150
(b) A person sought to be examined may not be required to attend an examination before a court located outside the county in which the person resides or has a place of business unless the distance from the person's place of residence or place of business to the place of examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a place of business in the county where the court that issued the writ is located, the superior court in the county where the person resides or has a place of business is a proper court for examination of the person.
(d) If the plaintiff seeks an examination of a person before a court other than the court that issued the writ, the plaintiff shall file an application that shall include all of the following:
(1) A certified copy of the complaint in the pending action.
(2) An affidavit in support of the application stating the place of residence or place of business of the person sought to be examined.
(3) Any necessary affidavit or showing for the examination as required by Section 491.110.
(4) The filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
Plain-English Summary
Section 491.150(a) starts with a default: the court that issued the writ of attachment is the proper court for examining a person about the defendant's property or debts. Subdivision (b) then builds in a distance protection -- a person cannot be required to attend an examination outside the county where they live or do business unless that place is less than 150 miles from their home or workplace.
Subdivision (c) fills the gap for someone who lives or does business outside the issuing court's county: in that case, the superior court in the person's own county becomes a proper court for the examination.
Subdivision (d) tells the plaintiff what to file when seeking an examination before a court other than the one that issued the writ -- a certified copy of the complaint, an affidavit stating the person's residence or place of business, whatever showing § 491.110 already requires, and the applicable filing fee under Government Code § 70617(a).
Frequently Asked Questions
Which court handles an examination of a third person under attachment law?
Section 491.150(a) makes the court that issued the writ of attachment the proper court, subject to the exceptions in the rest of the section.
Can a witness be forced to travel far away for an examination?
No. Section 491.150(b) protects a person from being required to attend an examination outside their home county unless the distance to the examination is less than 150 miles.
What must a plaintiff file to hold an examination before a court other than the issuing court?
Section 491.150(d) requires a certified copy of the complaint, an affidavit on the person's residence or place of business, the affidavit or showing § 491.110 requires, and the Government Code § 70617(a) filing fee.
Amendment History
Amended by Stats 2005 ch 75 (AB 145),s 33, eff. 7/19/2005, op. 1/1/2006
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: proper court for debtor examination california150 mile rule examination attachment