The plaintiff may apply to the court in which an action under this article is pending for either or both of the following:
§ 491.340.Orders Restraining Third Person From Transferring Or Disposing of Property
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 491.340 lets a plaintiff in a pending creditor's suit apply for an order restraining the third person from transferring the attached property or paying the attached debt to the defendant, or for a temporary restraining order or preliminary injunction under the general injunction chapter, to preserve the property or debt while the suit proceeds.
Full Text of § 491.340
(a) An order restraining the third person from transferring the attached property to the defendant or from paying the attached debt to the defendant. The order shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the order may be made on ex parte application. The order shall remain in effect until judgment is entered in the action or until such earlier time as the court may provide in the order. An undertaking may be required in the discretion of the court. The court may modify or vacate the order at any time with or without a hearing on such terms as are just.
(b) A temporary restraining order or a preliminary injunction or both, restraining the third person from transferring to any person or otherwise disposing of the attached property, pursuant to Chapter 3 (commencing with Section 525) of Title 7, and the court may make, dissolve, and modify such orders as provided therein.
Plain-English Summary
Filing a creditor's suit does not by itself stop the third person from handing the property or money over to the defendant while the case is pending. Section 491.340 gives the plaintiff two tools to prevent that. Subdivision (a) authorizes a restraining order against transferring the property or paying the debt to the defendant -- made on noticed motion if the court or a court rule requires it, or otherwise on ex parte application -- remaining in effect until judgment is entered in the action or until an earlier time the court sets, with an undertaking left to the court's discretion.
Subdivision (b) offers a second, more familiar path: a temporary restraining order or preliminary injunction under Chapter 3 (commencing with § 525) of Title 7, following that chapter's own procedures for making, dissolving, and modifying such orders.
Either way, the plaintiff has a mechanism to freeze the third person's dealings with the attached property or debt for the duration of the creditor's suit, rather than watching the target disappear while litigation plays out.
Frequently Asked Questions
Can a plaintiff stop a third person from paying the defendant while a creditor's suit is pending?
Yes. Section 491.340(a) lets the plaintiff apply for an order restraining the third person from transferring the attached property or paying the attached debt to the defendant.
How long does a § 491.340(a) restraining order last?
It remains in effect until judgment is entered in the action, or until an earlier time the court sets in the order.
Is a preliminary injunction available instead of the § 491.340(a) order?
Yes. Section 491.340(b) also allows a temporary restraining order or preliminary injunction under Chapter 3 (commencing with § 525) of Title 7.
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: restrain third person creditor's suit californiainjunction to preserve attached property