§ 492.090.Findings Required Issuance of Writ

Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 1976 · Last verified July 28, 2026

In one sentenceSection 492.090 requires the court to order an additional writ issued, upon the plaintiff filing an undertaking, once it finds that a right to attach order has already issued and that the targeted property is attachable under § 492.040.

Full Text of § 492.090

Text sizeJump to: (a) (b)

The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds both of the following:

(a) A right to attach order has been issued in the action pursuant to Section 492.030.

(b) The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is subject to attachment pursuant to Section 492.040.

Plain-English Summary

Section 492.090 closes out the additional-writ procedure. The court examines the § 492.070 application and its supporting affidavit, and orders the writ issued once the plaintiff files the § 489.210/489.220 undertaking -- provided the court finds two things: a right to attach order has already issued in the action under § 492.030, and the affidavit shows the targeted property is attachable under § 492.040.

Those two findings mirror the core requirements for the original writ, streamlined here because the underlying right to attach order has already been established.

Frequently Asked Questions

What must the court find to issue an additional writ of attachment?

Section 492.090 requires two findings: a right to attach order has already been issued under § 492.030, and the affidavit shows the targeted property is attachable under § 492.040.

Is an undertaking still required for the additional writ?

Yes. Section 492.090 conditions issuance of the writ on the plaintiff filing the undertaking required by §§ 489.210 and 489.220.

Amendment History

Amended by Stats. 1976, Ch. 437.

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: additional writ issuance requirements california