§ 1318.Motion papers; filing; demand; damages

Section 1318 covers the paperwork side of attachment. To get an order granted, or to confirm one already granted, the claiming authority must show, by affidavit and any other written evidence, that a cause of action exists and that the grounds for relief required by section 1312 are met. Once an order is granted, the claiming authority has ten days to file it, along with the supporting affidavit and papers and the summons and complaint, though a court can extend that period for good cause. An order that is not filed in time becomes invalid, but someone who acted on it in good faith, without knowing it was invalid, is not liable for that reliance.

After property has been levied upon, the defendant can serve a written demand for the papers that supported the order and the levy, and the claiming authority must arrange to mail them as soon as practicable. Making that demand does not count as an appearance in the case, so a defendant can ask for the papers without giving up any jurisdictional objection.

The section also creates accountability for attachments sought in bad faith. If the defendant ultimately wins the case, or a court finally decides the claiming authority was not entitled to the attachment, the claiming authority is liable for the defendant's costs and damages, including reasonable attorney's fees. To collect, the defendant must prove, by a preponderance of the evidence, that the claiming authority acted without reasonable cause and not in good faith in obtaining the order.