(a) For the purpose of applying for a right to attach order, the defendant's cause of action that is the subject of the pending action or proceeding and the defendant's rights to money or property under a judgment procured in the action or proceeding shall be treated as property subject to attachment.
§ 491.415.Application For Order Permitting Creation of Lien
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Enacted 1984 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.415 treats the defendant's pending cause of action and judgment rights as attachable property for purposes of a right to attach order, lets the plaintiff apply for an order permitting creation of a lien on them alongside or after obtaining that order, and lets the defendant claim an exemption in that lien proceeding the same way as in an ordinary attachment.
Full Text of § 491.415
(b) At the time the plaintiff applies for a right to attach order, the plaintiff may apply for an order permitting creation of a lien under this article. If the plaintiff has already obtained a right to attach order, an application for an order permitting creation of a lien under this article may be applied for in the same manner as a writ of attachment. As a prerequisite to obtaining an order under this subdivision, the plaintiff shall file an undertaking as provided by Sections 489.210 and 489.220.
(c) The defendant may, but is not required to, claim an exemption in a proceeding initiated by the plaintiff for an order permitting creation of a lien under this article. An exemption may be claimed if the money or property sought by the defendant would be exempt from attachment should the defendant prevail in the other action or proceeding. The exemption shall be claimed and determined pursuant to this subdivision in the same manner as an exemption is claimed and determined upon application for a writ of attachment.
Plain-English Summary
Section 491.410 lets a plaintiff put a lien on a defendant's pending lawsuit, but that only works if the underlying cause of action counts as attachable property in the first place. Section 491.415(a) supplies that fiction: for purposes of applying for a right to attach order, the defendant's cause of action in the other proceeding, and the defendant's rights under any judgment it produces, are treated as property subject to attachment.
Subdivision (b) lets the plaintiff seek the lien-creation order at the same time as the right to attach order, or afterward in the same manner as applying for a writ of attachment. Either way, the plaintiff must first file the undertaking required by §§ 489.210 and 489.220 -- the same undertaking obligation that attaches to any attachment.
Subdivision (c) gives the defendant an optional exemption claim in this proceeding, using the same procedure as an exemption claim against an ordinary writ of attachment, whenever the money or property at stake in the other case would be exempt from attachment if the defendant won it.
Frequently Asked Questions
How can a defendant's pending lawsuit be treated as attachable property?
Section 491.415(a) treats the defendant's cause of action, and rights under any resulting judgment, as property subject to attachment for purposes of a right to attach order application.
Does the plaintiff still need to post an undertaking to get this kind of lien?
Yes. Section 491.415(b) requires the plaintiff to file the undertaking required by §§ 489.210 and 489.220 before obtaining the lien-creation order.
Can the defendant claim an exemption against this lien?
Yes, though it's optional. Section 491.415(c) lets the defendant claim an exemption using the same procedure as an ordinary writ-of-attachment exemption claim, if the money or property would otherwise be exempt.
Amendment History
Added by Stats. 1984, Ch. 538, Sec. 9.
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: order permitting creation of lien california attachmentattach cause of action exemption claim