Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.
§ 491.370.Costs Not Recovered From 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 491.370 bars the defendant from being charged with costs the plaintiff incurs or has taxed against it in a creditor's suit action.
Full Text of § 491.370
Plain-English Summary
A creditor's suit is the plaintiff's own initiative to reach the defendant's property in a third person's hands, and § 491.370 makes sure the defendant does not end up footing the bill for it. Costs the plaintiff incurs, or that are taxed against the plaintiff, in an action under this article cannot be recovered from the defendant.
That allocation makes sense given § 491.320's rule that the defendant is joined but not an indispensable party -- the defendant is along for the ride in a lawsuit driven by the plaintiff, so the plaintiff bears its own litigation costs rather than shifting them onto the defendant.
Frequently Asked Questions
Can a defendant be charged for the plaintiff's litigation costs in a creditor's suit?
No. Section 491.370 bars recovering costs the plaintiff incurred or had taxed against it in an action under this article from the defendant.
Why doesn't the defendant bear these costs given that the defendant is a party to the suit?
Section 491.320 makes the defendant a required but non-indispensable party joined to a suit the plaintiff drives, and § 491.370 keeps the plaintiff's own costs from shifting onto that joined defendant.
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: costs creditor's suit californiadefendant not liable for plaintiff's costs attachment