Code Civ. Proc., § 492.030 · Chapter 12. Nonresident Attachment
Code Civ. Proc., § 492.030
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be secured by the attachment, and 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 all of the following:
(1) The claim upon which the attachment is based is one upon which an attachment may be issued.
(2) The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3) The defendant is one described in Section 492.010.
(4) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(5) 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.
(6) The amount to be secured by the attachment is greater than zero.
(b) If the court finds that the application and supporting affidavit do not satisfy the requirements of this chapter, it shall so state and deny the order. If denial is solely on the ground that the defendant is not one described in Section 492.010, the judicial officer shall so state and such denial does not preclude the plaintiff from applying for a right to attach order and writ of attachment under Chapter 4 (commencing with Section 484.010) with the same affidavits and supporting papers.
Notes and commentary — not statutory text
History
Amended by Stats. 1997, Ch. 222, Sec. 10. Effective January 1, 1998.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=492.030.
- Text hash
- sha256 54c9aef73c2767088042c10f2c643cb2b478685bee585c10b940038085b5e7b1
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., pt. 2, tit. 6.5, ch. 4Noticed Hearing Procedure for Obtaining Writ of AttachmentPrinted as Chapter 4 (commencing with Section 484.010)
- Code Civ. Proc., § 489.210Printed as Sections 489.210 and 489.220
- Code Civ. Proc., § 489.220Printed as Sections 489.210 and 489.220
- Code Civ. Proc., § 492.010Printed as Section 492.010
- Code Civ. Proc., § 492.040Printed as Section 492.040
Cited by 2 provisions
Provisions in this library whose text cites Code Civ. Proc., § 492.030. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.