(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. Such application shall be made by filing with the court and serving on the plaintiff a notice of motion.
§ 492.050.Application to Set Aside Order, Quash Wit and Release Property
Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 492.050 lets a defendant whose property was attached under this chapter move to set aside the right to attach order, quash the writ, and release the property, requiring the order set aside if the defendant has generally appeared unless the plaintiff shows attachment authority under some other provision, and giving the hearing priority on the court's calendar.
Full Text of § 492.050
(b) The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised.
(d) At the hearing on the motion, the court shall determine whether the plaintiff is entitled to a right to attach order. If the court finds that the plaintiff is not entitled to a right to attach order, it shall order the right to attach order set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ released. If the court finds that the plaintiff is entitled to a right to attach order, the attachment shall continue in effect except as provided in Section 492.040 and, thereafter, the plaintiff may apply for additional writs pursuant to Article 2 (commencing with Section 484.310) or Article 3 (commencing with Section 484.510) of Chapter 4.
(e) The court's determination shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.
(f) The hearing provided for in this section shall take precedence over all other civil matters on the calendar of that day except older matters of the same character.
Plain-English Summary
Section 492.050(a) gives the attached defendant a direct challenge: a motion, filed with the court and served on the plaintiff, to set aside the right to attach order, quash the writ, and release the attached property. Subdivision (b) requires the notice of motion to state its grounds, supported by an affidavit for any factual issues and points and authorities for any legal ones.
Subdivision (c) creates a strong presumption once the defendant has appeared generally: the right to attach order must be set aside unless the plaintiff can show that some provision other than § 492.010 authorizes the attachment -- since general appearance is exactly the circumstance § 492.040 treats as narrowing the remedy's reach. Subdivision (d) then walks through the hearing outcome: if the plaintiff is not entitled to a right to attach order, the court sets aside the order, quashes the writ, and releases the property; if the plaintiff is entitled to it, the attachment continues (subject to § 492.040's post-appearance limits), and the plaintiff may then seek additional writs under the general attachment chapter's Article 2 or Article 3.
Subdivision (e) lets the court decide the motion on the papers, though it may receive additional evidence or continue the hearing on good cause shown. Subdivision (f) gives the hearing calendar priority over other civil matters that day, except older matters of the same kind.
Frequently Asked Questions
Can a defendant challenge a nonresident attachment after it's already been levied?
Yes. Section 492.050(a) lets the defendant move to set aside the right to attach order, quash the writ, and release the attached property.
What happens once the defendant has made a general appearance in the case?
Section 492.050(c) requires the right to attach order to be set aside unless the plaintiff shows the attachment is authorized by some provision other than § 492.010.
Does this motion get priority on the court's calendar?
Yes. Section 492.050(f) gives the hearing precedence over other civil matters that day, except older matters of the same character.
Can the plaintiff seek more writs if the court denies the defendant's motion?
Yes. Section 492.050(d) lets the plaintiff, once found entitled to the right to attach order, apply for additional writs under Article 2 or Article 3 of Chapter 4.
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: motion to quash nonresident attachment californiaset aside right to attach order