By Pavel Kolmogorov, California Business Litigation Attorney (State Bar No. 321018). Founder of Kolmogorov Law, P.C., recognized in Chambers and Partners 2026 Spotlight Guide for Litigation: General Commercial in Orange County. Last reviewed: May 2026.

You sued. The defendant has assets — for now. But you watched them transfer the building to a spouse last week, and they just liquidated the brokerage account. By the time you obtain a judgment in eighteen months, there will be nothing left to collect.

California's pre-judgment writ of attachment, codified at Code of Civil Procedure section 484 et seq., is the answer. It lets a plaintiff freeze a defendant's non-exempt property at the start of the case, so the assets are still there when judgment enters. This guide explains who qualifies for attachment, the probable-validity standard, the undertaking requirement, the difference between ex parte and noticed applications, and how attachment fits with related collection tools like our California judgment enforcement overview.

What a Writ of Attachment Does

A writ of attachment is a court order directing the sheriff to seize or restrain specific property of the defendant pending the outcome of the lawsuit. The attached property remains in the defendant's ownership, but the defendant cannot transfer or dissipate it. If the plaintiff prevails at trial, the attached property is available to satisfy the judgment.

Attachment is a powerful but narrow remedy. It is available only in actions for money damages on a claim arising from a contract, where the total amount sought is fixed or readily ascertainable, and the claim is not secured by an interest in real property. CCP § 483.010(a). It is not available in tort cases, breach-of-fiduciary-duty cases, or claims for unliquidated damages.

Who Qualifies: The Underlying Claim

Under CCP § 483.010, attachment is available when the plaintiff's claim meets four requirements:

• Contract claim. The claim must arise out of an express or implied contract. Quasi-contract and unjust enrichment claims sometimes qualify.
• Money damages. The action must seek money, not specific performance or other equitable relief.
• Fixed or readily ascertainable amount. The amount due must be ascertainable from the contract or from facts in the plaintiff's knowledge. The amount must be at least $500 (CCP § 483.010(b)).
• Unsecured. The claim must not be secured by real property. A claim secured by personal property may proceed if the plaintiff first releases the security or shows the security has become valueless.

Common eligible claims:

• Unpaid invoices and accounts receivable owed by a business.
• Amounts due under a promissory note.
• Unpaid rent under a written commercial lease.
• Unpaid obligations under a settlement agreement.
• Open accounts and book accounts.

Common ineligible claims:

• Tort claims (fraud, conversion, interference).
• Unliquidated breach-of-contract damages where the amount must be determined by the trier of fact.
• Claims for specific performance.
• Claims secured by a deed of trust on real property.

The Probable-Validity Standard

To obtain a writ, the plaintiff must show “probable validity” of the underlying claim. CCP § 481.190. This means the plaintiff must establish that it is more likely than not to prevail on the claim. The standard is higher than the “serious questions” standard for preliminary injunctions but lower than the burden of proof at trial.

The court evaluates probable validity based on declarations, documentary evidence, and any oral testimony at the hearing. Practical implications:

• The application must include a detailed declaration laying out the contract, the breach, and the amount owed.
• Supporting documents (the contract, invoices, ledger, payment history) should be authenticated and attached.
• Anticipate the defendant's defenses and address them in the moving papers.

The Undertaking Requirement

The plaintiff must post an undertaking (a bond or cash deposit) before the writ issues. CCP § 489.210. The undertaking is set by the court and is generally between $7,500 and a percentage of the amount to be attached. It compensates the defendant for damages sustained if the attachment turns out to have been wrongful.

Surety undertakings (bonds) are typically purchased from a commercial surety for an annual premium of one to three percent of the bond amount. Cash deposits sit with the court and are returned at the end of the case absent a wrongful-attachment claim.

Property That Can Be Attached

Different categories of defendants have different attachable property:

Defendant is a natural person engaged in trade or business

Attachment is available against an individual only when the claim arises from the conduct of the defendant's trade, business, or profession. CCP § 483.010(c). Personal-use assets and most consumer goods are protected by exemptions (CCP § 487.020).

Defendant is a corporation, LLC, or partnership

Virtually all property of a business entity is subject to attachment. CCP § 487.010(b). This includes accounts, inventory, equipment, accounts receivable, and stock.

What property categories

• Real property (with limited exceptions for principal residence).
• Bank deposits and securities accounts.
• Accounts receivable owed to the defendant by third parties.
• Inventory and equipment.
• Choses in action and contract rights.

Statutory exemptions limit attachment of certain assets even for business defendants — for example, certain trust accounts and assets held in a fiduciary capacity. CCP § 487.020.

Ex Parte vs. Noticed Application

Noticed application (the default)

The default procedure under CCP § 484.040 is a noticed motion served on the defendant at least sixteen court days before the hearing. The defendant has ten court days before the hearing to file an opposition (CCP § 484.060). At the hearing, the court rules on whether to issue the writ.

Ex parte application

An ex parte application is available under CCP § 485.010 when the plaintiff shows that great or irreparable injury will result if the application is delayed for the noticed-motion timeline. Common showings:

• The defendant is dissipating assets, has just announced an asset sale, or is making transfers to insiders.
• The defendant has fled or absconded from California.
• The defendant is filing for bankruptcy or has indicated imminent bankruptcy.

An ex parte writ is temporary and is followed by a noticed hearing within a short window for the court to confirm or release the attachment.

Strategy: When Attachment Is the Right Tool

• Cash-flow disputes against a struggling business. Unpaid commercial accounts owed by a business with declining liquidity are textbook attachment cases. Filing the application often produces a settlement before the hearing.
• Departing-partner cases. Where a partner has taken company funds and is preparing to relocate or restructure. Combined with allegations of breach of fiduciary duty, the contract claim creates the attachment hook.
• Settlement-agreement enforcement. When a party defaults on a written settlement, the agreement itself supports a contract claim with a fixed amount — ideal for attachment.
• Pre-suit pressure. A well-prepared demand letter that signals readiness to seek attachment often resolves the matter without filing.

Wrongful Attachment

If the plaintiff fails to obtain a final judgment in its favor, the defendant may recover for wrongful attachment under CCP § 490.010 et seq. Damages include:

• Actual damages, including lost-use and consequential damages.
• Attorneys' fees incurred opposing the attachment.
• Recovery against the undertaking.

This downside is why plaintiffs should not pursue attachment unless the underlying claim is strong and well-documented.

Frequently Asked Questions

Q: How long does it take to get a writ of attachment?
A: A noticed application takes approximately six to eight weeks from filing to writ issuance, given the sixteen-court-day notice requirement and typical scheduling lag. An ex parte application can be heard the same day in genuine emergencies. After the writ issues, the sheriff typically levies within a week.

Q: Can the defendant fight back?
A: Yes. The defendant may file a written opposition to the application, claim exemptions for specific property, post a release bond under CCP § 489.310 to discharge the attachment, or seek a stay pending the underlying lawsuit. The probable-validity standard cuts both ways — if the defendant has a meritorious defense, the application may be denied.

Q: Does attachment guarantee I will collect?
A: No. Attachment freezes specific property pending judgment. It does not transfer ownership or guarantee that the property will satisfy the eventual judgment. Other creditors with senior security interests may have priority over the attachment lien. Attachment is a tool to preserve assets, not to ensure collection.

Q: What if my claim is partly contract and partly tort?
A: Attachment is available on the contract portion only, and the contract amount must independently exceed $500 and be fixed or readily ascertainable. The tort allegations may proceed in the same lawsuit but cannot support attachment. Drafting the contract counts to maximize the attachment-eligible amount is strategic.

Q: How does attachment compare with the cost of business litigation?
A: Attachment adds approximately $5,000 to $20,000 in additional fees and costs (drafting the application, undertaking premium, sheriff fees) on top of normal lawsuit expense. Our cost of business litigation breakdown walks through realistic budgets.

About the author

Pavel Kolmogorov is the founder of Kolmogorov Law, P.C., a California business-litigation boutique in Irvine. He earned his LL.M. from the University of California, Berkeley School of Law and is licensed in California (SBN 321018), the District of Columbia, and the U.S. District Courts for the Northern, Southern, and Central Districts of California. He represents California businesses in breach of contract, fraud, UCL/B&P 17200, Penal Code 502, conversion, intentional and negligent interference, trade secrets, and partnership/shareholder disputes. Chambers and Partners 2026 recognized him in the Spotlight Guide for Litigation: General Commercial in Orange County.

This guide is general legal information, not legal advice for your specific situation. California law changes, and the facts of every dispute differ. To discuss how the principles in this article apply to your matter, contact our office at (909) 235-6116 or visit our contact page.

Need help? Contact Kolmogorov Law, P.C. at (909) 235-6116 or visit our contact page to schedule a consultation with our California business litigation team in Irvine, California.