California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 12 — Nonresident Attachment, Section 492.020

(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.

(b) The application shall satisfy the requirements of Section 484.020 and shall be supported by an affidavit showing all of the following:

(1) The action is one described in Section 492.010 and is brought against a defendant described in Section 492.010.

(2) The plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.

(3) The property sought to be attached is subject to attachment pursuant to Section 492.040.

(c) The affidavit in support of the showing required by paragraph (3) of subdivision (b) may be based on the affiant’s information and belief.

Notes

Allows a plaintiff, when filing the complaint or later, to apply for a right-to-attach order and writ in the court hearing the action. The application must meet the referenced requirements and an affidavit must show a qualifying action and defendant, entitlement to judgment on the presented facts, and attachable property; the property showing may rest on information and belief.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 492.020 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-12/section-492-020

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