There is no right to a jury trial in an action under this article.
§ 491.350.No Right to Jury Trial
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 491.350 eliminates the right to a jury trial in an action brought under the creditor's suit article.
Full Text of § 491.350
Plain-English Summary
Section 491.350 is a short but consequential rule: an action under this article proceeds without a jury. The court alone decides the third person's liability and any related issues.
That fits the nature of a creditor's suit, which grows out of an attachment proceeding -- itself a matter of equitable, court-supervised relief -- rather than an ordinary damages action where a jury would typically decide the facts.
Frequently Asked Questions
Is a creditor's suit under this article tried before a jury?
No. Section 491.350 states there is no right to a jury trial in an action under this article.
Who decides the facts in a creditor's suit if there's no jury?
The court itself decides, since § 491.350 removes the jury trial right for actions brought under this article.
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: jury trial creditor's suit california491.350 bench trial attachment