§ 484.340 Information provided defendant by notice of application and hearing

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 > 484.340

§ 484.340. Information provided defendant by notice of application and hearing

    The notice of application and hearing shall inform the defendant of all of the following:

    (a) The plaintiff has applied for a writ of attachment to attach the property described in the application.

    (b) A hearing will be held at a place and at a time, to be specified in the notice, to determine whether the plaintiff is entitled to the writ.

    (c) A writ of attachment will be issued to attach the property described in the plaintiff's application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment.

    (d) If the defendant claims that the property described in the application, or a portion thereof, is exempt from attachment, the defendant may file with the court and serve on the plaintiff a claim of exemption with respect to the property as provided in Section 484.350 not later than five days prior to the date set for hearing. If the defendant fails to make such a claim with respect to personal property, the defendant may not later claim the exemption in the absence of a showing of a change in circumstances occurring after the expiration of the time for claiming exemptions.

    (e) Either the defendant or the defendant's attorney or both of them may be present at the hearing.

    (f) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matter connected with the plaintiff's application. The attorney should be consulted promptly so that the attorney may assist you before the time set for hearing.”