§ 486.060 Authority of defendant to issue checks; restrictions

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 : Chapter 6 > 486.060

§ 486.060. Authority of defendant to issue checks; restrictions

    (a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant's accounts in a financial institution in this state to the extent permitted by this section.

    (b) The defendant may issue any number of checks in any amount for the following purposes:

        (1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers' compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment.

        (2) Payment for goods thereafter delivered to the defendant C.O.D. for use in the defendant's trade, business, or profession.

        (3) Payment of taxes if payment is necessary to avoid penalties which will accrue if there is any further delay in payment.

        (4) Payment of reasonable legal fees and reasonable costs and expenses required for the representation of the defendant in the action.

    (c) In addition to the checks permitted to be issued by subdivision (b), the defendant may issue any number of checks for any purpose so long as the total amount of the checks does not exceed the greater of the following:

        (1) The amount by which the total amount on deposit exceeds the sum of the amount sought to be secured by the attachment and the amounts permitted to be paid pursuant to subdivision (b).

        (2) One thousand dollars ($1,000).