§ 492.020.Application For Right to Attach Order and Writ of Attachment

Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 492.020 lets a plaintiff apply at any point after filing the complaint for a right to attach order and writ under the nonresident-attachment chapter, supported by an affidavit showing the defendant qualifies under § 492.010, the plaintiff's probable entitlement to judgment, and that the target property is attachable under § 492.040.

Full Text of § 492.020

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

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.

(b) The application shall satisfy the requirements of Section 484.020 and shall be supported by an affidavit showing all of the following:

(1) The action is one described in Section 492.010 and is brought against a defendant described in Section 492.010.

(2) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.

(3) The property sought to be attached is subject to attachment pursuant to Section 492.040.

(c) The affidavit in support of the showing required by paragraph (3) of subdivision (b) may be based on the affiant's information and belief.

Plain-English Summary

Section 492.020(a) opens the application window widely -- the plaintiff may apply for a right to attach order and writ of attachment under this chapter upon filing the complaint or at any time afterward, filed with the court where the action is brought.

Subdivision (b) sets the supporting showing. The application must satisfy § 484.020's general requirements and be backed by an affidavit establishing three things: that the action and defendant fit § 492.010's description, that the plaintiff would be entitled to judgment on the facts as presented, and that the property targeted for attachment is subject to attachment under § 492.040.

Subdivision (c) relaxes the proof standard for that third element only -- the affidavit showing the property is attachable under § 492.040 may rest on the affiant's information and belief, rather than firsthand knowledge.

Frequently Asked Questions

When can a plaintiff apply for a nonresident attachment order?

Section 492.020(a) allows the application upon filing the complaint or at any time after, filed with the court where the action is brought.

What must the supporting affidavit show?

Section 492.020(b) requires the affidavit to show the action and defendant fit § 492.010, the plaintiff would be entitled to judgment on the facts presented, and the targeted property is attachable under § 492.040.

Can the affidavit about the property's attachability be based on belief rather than firsthand knowledge?

Yes. Section 492.020(c) allows that specific showing to rest on the affiant's information and belief.

Amendment History

Added by Stats. 1974, Ch. 1516.

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: apply for nonresident attachment order california492.020 affidavit requirements