Liens of Attachments

California’s Code of Civil Procedure authorizes the use of liens in attachment in Part 2, Title 6.5, Chapter 8, Article 3.

Section 488.500 states that a levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by statute. If property subject to an attachment lien is transferred or encumbered, the property transferred or encumbered remains subject to the lien after the transfer or encumbrance to the same extent that the property would remain subject to an execution lien.

If equipment consisting of a vehicle, vessel, mobilehome, or commercial coach is attached the attachment lien on the specified property does not affect the rights of a person who is a bona fide purchaser or encumbrancer and obtains possession of both the property and its certificate of ownership issued by the Department of Motor Vehicles or its certificate of title or registration card issued by the Department of Housing and Community Development.

Section 488.510 provides that, unless sooner released or discharged, any attachment ceases to be of any force or effect, and the property levied upon is 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.

The levying officer is required to serve notice of the order upon any person holding property pursuant to an attachment and must record or file the notice in any office where the writ and notice of attachment are recorded or filed prior to the expiration of the period described.

Where the attached property is real property, the plaintiff or the plaintiff’s attorney, instead of the levying officer, may record the required notice. Any attachment may be extended from time to time in the manner prescribed in this section, but the maximum period of the attachment, including the extensions, cannot exceed 8 years from the date of issuance of the writ of attachment under which the levy of attachment was made.