California Writ Attachment Sample

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.

Orders passed in garnishee proceedings are appealable as Decrees. Income Tax Authorities Issue Attachment Orders in terms of Section 226(3) of Income Tax Act, 1961. On receipt of this order, banker is required to remit the desired amount to income tax authorities.

California law allows certain plaintiffs to apply to the court for a "writ of possession" (sometimes referred to as "writ of claim and delivery" or "writ of replevin"), to take possession of some tangible personal property before the case goes to trial.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

A right to attach order will issue if the plaintiff can demonstrate that his or her claim is one on which an attachment may issue, and that the attachment is not sought for any purpose other than the recovery of a subsequent judgment.Attachment may be sought against both individuals and corporations.