An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected. The amount of the undertaking on appeal required by this section shall be such amount as is fixed by the trial court on motion of the respondent as provided in Section 489.410 and if no such order has been made, the undertaking shall be in double the amount of the debt claimed by the appellant. If the respondent is not satisfied with the undertaking in double the amount of the debt or the amount fixed by order under Section 489.410, the trial court upon motion of the respondent made within 60 days after perfecting the appeal may order an increase in the amount of the undertaking in such amount as is justified by the detriment reasonably to be anticipated by continuing the attachment. If such an order is made, the attachment shall be discharged and the property released therefrom, unless the undertaking is executed and filed within 10 days after the order is made.
§ 921.Undertaking Required to Continue In Force Attachment
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 921 requires an appellant who levied an attachment to file an undertaking against costs and damages and to perfect the appeal within five days of written notice of the order appealed from, or the attachment does not continue in force, with the bond amount set under § 489.410 or doubled the debt claimed if no such order was made.
Full Text of § 921
Plain-English Summary
This section addresses a narrower question than the rest of the chapter: what happens to an attachment when the party who levied it — typically the plaintiff — appeals from an order affecting that attachment. Two things have to happen for the attachment to survive on appeal. First, the appellant has to file and execute an undertaking, promising to pay all costs and damages the respondent sustains because of the attachment if the trial court's order is sustained in the respondent's favor. Second, the appeal has to be perfected within five days after written notice of entry of the order appealed from.
The bond amount follows a specific hierarchy. If the trial court has already fixed an amount on the respondent's motion under § 489.410, that amount controls. If no such order exists, the undertaking defaults to double the amount of the debt the appellant claims.
The respondent isn't stuck with that amount forever, either. Within 60 days after the appeal is perfected, the respondent can move to increase the undertaking, and the trial court can order an increase justified by the detriment reasonably expected from continuing the attachment. If the court grants that motion, the attachment is discharged and the property released unless the appellant files the larger undertaking within ten days of the order.
Frequently Asked Questions
What does an appellant have to do to keep an attachment alive during an appeal?
File and execute an undertaking covering the respondent's costs and damages from the attachment, and perfect the appeal within five days after written notice of entry of the order appealed from.
How is the amount of that undertaking calculated?
Whatever amount the trial court has already fixed on the respondent's motion under § 489.410; if no such order exists, double the amount of the debt the appellant claims.
Can the respondent challenge the bond amount after the appeal is already underway?
Yes. Within 60 days after the appeal is perfected, the respondent may move to increase the undertaking to an amount justified by the anticipated detriment from continuing the attachment.
What happens if the appellant doesn't post the increased undertaking?
If the court orders an increase, the attachment is discharged and the property released unless the appellant files the larger undertaking within ten days of that order.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 160.
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: ccp 921 continue attachment in force on appealappeal bond to keep attachment alive californiaincrease attachment undertaking on appeal california