Property Subject to Attachment in California
Certain property is exempt from attachment, including all property exempt from enforcement of a money judgment
By Chris Micheli, November 25, 2024 6:28 am
In the California Code of Civil Procedure, Part 2, Title 6.5, Chapter 7, it discusses property that is subject to attachment.
Section 487.010 sets forth property of a defendant that is subject to attachment, including all corporate property; all partnership property; interests in real property; accounts receivable; equipment; farm products; inventory; final money judgments; money on the premises; negotiable documents of title; instruments; securities; and, minerals to be extracted.
Section 487.020 specifies that certain property is exempt from attachment, including all property exempt from enforcement of a money judgment; property which is necessary for the support of a defendant; earnings; and, all property not subject to attachment per state law.
Section 487.025 provides that the recording of a homestead declaration does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homestead is attached. The amount of the attachment lien is specified.
Section 487.030 states that, at any time prior to the entry of judgment in the action, the defendant may claim any exemption with respect to real property by following the procedure set forth in state law. A claim of exemption under this subdivision will be denied if the claim has been denied earlier in the action. The terms “judgment debtor” and “judgment creditor” is defined.
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