The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may not be considered in the determination of proper venue unless otherwise provided by contract between the defendant and the third person.
§ 491.320.Joinder of Defendant
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 2. Creditor's Suit · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.320 requires the defendant to be joined in a creditor's suit without treating the defendant as an indispensable party, and bars considering the defendant's residence in determining proper venue unless a contract between the defendant and the third person says otherwise.
Full Text of § 491.320
Plain-English Summary
A creditor's suit under this article turns on a dispute between the plaintiff and the third person, but § 491.320 still requires the defendant to be joined -- presumably because the defendant's own claim against the third person is what is being litigated. That said, the defendant is not indispensable, so the action does not fail if the defendant cannot be brought in.
The section also settles a venue question that could otherwise favor the defendant: the defendant's own residence does not count toward proper venue, unless a contract between the defendant and the third person specifies otherwise.
Frequently Asked Questions
Does the defendant have to be a party to a creditor's suit?
Yes, but not an essential one. Section 491.320 requires the defendant to be joined while specifying that the defendant is not an indispensable party.
Does the defendant's home county determine where the creditor's suit is filed?
No. Section 491.320 excludes the defendant's residence from the venue determination, unless a contract between the defendant and the third person provides otherwise.
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: joinder of defendant creditor's suit californiavenue creditor's suit attachment