§ 492.010.Generally
Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 2022 · Last verified July 28, 2026
Full Text of § 492.010
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.