I am filing a ex parte writ of attachment. There are a lot of judicial council forms on the court website for writs of attachments. I just need to know which I need to file for an ex parte writ of attachment and do I need to file a points and authorities too?
I assume you have already filed a Complaint setting forth your claims. (See Code of Civil Procedure sections 484.010, 485.210, 492.020.)
To obtain a writ of attachment in California, the claim must be (1) a claim for money, (2) based on a contract, (3) the amount is fixed or readily ascertainable, (4) for a sum greater than $500. To prevail, the plaintiff must have a probability of success. An attachment may not be sought for any improper purpose. (Code Civ. Proc., §§ 483.010, 484.090; Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 166 Cal.App.3d 1110, 1118.)
To file an ex parte prejudgment attachment, you need:
AT-105
http://www.courts.ca.gov/documents/at105.pdf
AT-125
http://www.courts.ca.gov/documents/at125.pdf
AT-135
http://www.courts.ca.gov/documents/at135.pdf
AT-160
http://www.courts.ca.gov/documents/at160.pdf
Make sure you meet the entire checklist:
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Obtaining a Right to Attach Order and a having a Writ of Attachment issued, with normal notice, is a rather difficult task, somewhat similar to bringing a motion for summary judgment. However, bringing the same motion on an "ex parte" basis (i.e., with short notice or no notice) is next to impossible, even for seasoned attorneys. You certainly need to present a Memorandum of Points and Authorities to the Court, along with proper declarations and supporting evidence, proper forms. If you prevail on the motion, you will need to post an undertaking (a surety bond) before the Clerk will issue Writs of Attachment to you. If you are not familiar with this procedure, I highly recommend you retain an attorney to assist you with this.
