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§ 492.040.Levy Upon Property

Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 492.040 lets a nonresident-attachment writ be levied on any property covered by the general levy-method provisions, but limits post-appearance levies to nonexempt property and requires release of any exempt property already levied on once the defendant appears generally.

Full Text of § 492.040

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Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. However, after the defendant has filed a general appearance in the action, only nonexempt property of the defendant may be levied upon and property previously levied upon which is exempt under Section 487.020 shall be released upon order of the court.

Plain-English Summary

Section 492.040 tells the levying officer what kind of property a nonresident-attachment writ reaches. Notwithstanding §§ 487.010 and 487.020's general property categories, the writ can be levied on any property for which Article 2 (commencing with § 488.300) of Chapter 8 provides a levy method -- a broad reach appropriate to a remedy aimed at defendants who might otherwise put assets beyond the court's practical reach.

That reach narrows once the defendant shows up. After the defendant files a general appearance in the action, only nonexempt property may be levied on going forward, and any exempt property already levied under this chapter must be released on the court's order.

The shift reflects the underlying justification for nonresident attachment: it exists to secure assets against a defendant who might otherwise evade the court's jurisdiction, and once the defendant has appeared and submitted to the case, the ordinary exemption protections reassert themselves.

Frequently Asked Questions

What property can be levied on under a nonresident attachment writ?

Section 492.040 allows levy on any property for which Article 2 (commencing with § 488.300) of Chapter 8 provides a levy method, notwithstanding the narrower categories in §§ 487.010 and 487.020.

Does that broad reach continue after the defendant appears in the case?

No. Section 492.040 limits levies after a general appearance to nonexempt property, and requires release of any exempt property levied on before then.

Why does exempt property become off-limits only after the defendant appears?

The broader pre-appearance reach in § 492.040 addresses defendants who haven't yet submitted to the court's jurisdiction; once the defendant appears generally, the ordinary exemption protections apply going forward.

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 59. 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: levy nonresident attachment property californiaexempt property released after general appearance