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§ 492.010.Generally

Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 2022 · Last verified July 28, 2026

In one sentenceSection 492.010 allows attachment in any money-recovery action, notwithstanding § 483.010(a)'s general limits, against a nonresident individual, an unqualified foreign corporation, or a foreign partnership that has not filed the required designation.

Full Text of § 492.010

Text sizeJump to: (a) (b) (c)

Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following:
(a) A natural person who does not reside in this state.
(b) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(c) A foreign partnership which has not filed a designation pursuant to Section 15800 of the Corporations Code.

Plain-English Summary

Ordinary attachment under § 483.010(a) is limited to certain kinds of claims. Section 492.010 carves out a broader path for a specific category of defendant -- one who may be hard to reach with an ordinary judgment because of a lack of ties to California. Notwithstanding § 483.010(a), attachment is available in any action for the recovery of money brought against three kinds of defendants.

The first is a natural person who does not reside in California. The second is a foreign corporation that has not qualified to do business in the state under the Corporations Code's registration requirements. The third is a foreign partnership that has not filed the designation required by Corporations Code § 15800.

What unites all three is the practical difficulty of collecting a judgment against them through ordinary means once litigation ends. Nonresident attachment lets a plaintiff secure assets in California up front, rather than winning a judgment that may be hard to enforce against someone with no established local presence.

Frequently Asked Questions

Who can be attached under the nonresident attachment provisions?

Section 492.010 covers a natural person who doesn't reside in California, a foreign corporation not qualified to do business here, and a foreign partnership that hasn't filed the Corporations Code § 15800 designation.

Does this attachment remedy apply to any type of claim?

Section 492.010 applies it to any action for the recovery of money, notwithstanding the narrower claim-type limits § 483.010(a) otherwise imposes.

Why does California allow broader attachment against these particular defendants?

Section 492.010 targets defendants who may be difficult to collect a judgment against through ordinary means because they lack an established presence or registration in the state.

Amendment History

Amended by Stats 2021 ch 124 (AB 938),s 9, eff. 1/1/2022. Amended by Stats. 1982, Ch. 1198, Sec. 58. 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: nonresident attachment californiaattach foreign corporation not qualified californiaforeign partnership attachment california