California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 6 — Temporary Protective Order, Section 486.060

(a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a financial institution in this state to the extent permitted by this section.

(b) The defendant may issue any number of checks in any amount for the following purposes:

(1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers’ compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.

(2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant’s trade, business, or profession.

(3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.

(4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.

(c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following:

(1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).

(2) One thousand dollars ($1,000).

Notes

Allows a defendant, despite a temporary protective order, to issue checks from California financial-institution accounts for ordinary-course payroll obligations, cash-on-delivery goods, taxes needed to avoid penalties, and reasonable defense legal fees and costs. Additional checks for any purpose may total up to the greater of specified excess deposits or $1,000.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 486.060 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-6/section-486-060

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