2009 California Code of Civil Procedure - Section 488.500-488.510 :: :: Article 3. :: Lien Of Attachment (2024)

CODE OF CIVIL PROCEDURE
SECTION 488.500-488.510

488.500. (a) A levy on property under a writ of attachment createsan attachment lien on the property from the time of levy until theexpiration of the time provided by Section 488.510. (b) Except as provided in subdivisions (c) and (d), if propertysubject to an attachment lien is transferred or encumbered, theproperty transferred or encumbered remains subject to the lien afterthe transfer or encumbrance to the same extent that the propertywould remain subject to an execution lien pursuant to Sections697.720 to 697.750, inclusive. (c) Except as otherwise provided in this title, if equipment isattached pursuant to Section 488.375 or farm products or inventory isattached pursuant to Section 488.405, the attachment lien on theproperty covered by the attachment lien has the same force and effectas a judgment lien on personal property created at the same timewould have pursuant to Sections 697.590 to 697.620, inclusive. (d) If equipment consisting of a vehicle, vessel, mobilehome, orcommercial coach is attached pursuant to Section 488.385, theattachment lien on the specified property does not affect the rightsof a person who is a bona fide purchaser or encumbrancer and obtainspossession of both the property and its certificate of ownershipissued by the Department of Motor Vehicles or its certificate oftitle or registration card issued by the Department of Housing andCommunity Development. If the levying officer obtains possession ofthe certificate of ownership or certificate of title or registrationcard, the attachment lien has the priority of the lien of a liencreditor under Sections 9317 and 9323 of the Commercial Code as ofthe time possession is obtained by the levying officer. If thelevying officer does not obtain possession of the certificate ofownership or certificate of title or registration card, theattachment lien has the same force and effect as an unperfectedsecurity interest that attached at the same time as the notice ofattachment was filed. (e) If an attachment lien is created on property that is subjectto the lien of a temporary protective order or a lien under Article 1(commencing with Section 491.110) of Chapter 11, the priority of theattachment lien relates back to the date the earlier lien wascreated. Nothing in this subdivision affects priorities or rights ofthird persons established while the lien of the temporary protectiveorder or the lien under Article 1 (commencing with Section 491.110)of Chapter 11 was in effect as determined under the law governing theeffect of such lien.488.510. (a) Unless sooner released or discharged, any attachmentshall cease to be of any force or effect, and the property leviedupon shall be released from the operation of the attachment, at theexpiration of three years from the date of issuance of the writ ofattachment under which the levy was made. (b) Notwithstanding subdivision (a), upon motion of the plaintiff,made not less than 10 or more than 60 days before the expiration ofthe three-year period and upon notice of not less than five days tothe defendant whose property is attached, the court in which theaction is pending may, by order filed prior to the expiration of theperiod and for good cause, extend the time of the attachment for aperiod not exceeding one year from the date on which the attachmentwould otherwise expire. (c) The levying officer shall serve notice of the order upon anyperson holding property pursuant to an attachment and shall record orfile the notice in any office where the writ and notice ofattachment are recorded or filed prior to the expiration of theperiod described in subdivision (a) or any extension thereof. Wherethe attached property is real property, the plaintiff or theplaintiff's attorney, instead of the levying officer, may record therequired notice. (d) Any attachment may be extended from time to time in the mannerprescribed in this section, but the maximum period of theattachment, including the extensions, shall not exceed eight yearsfrom the date of issuance of the writ of attachment under which thelevy of attachment was made. (e) The death of the defendant whose property is attached does notterminate the attachment.