§ 493.040 Release of attachment after lien terminates; procedure

Codes > California Code of Civil Procedure > Part 2 > Title 6.5 : Chapter 13 > 493.040

§ 493.040. Release of attachment after lien terminates; procedure

    (a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may secure the release of the attached property by filing with the levying officer a request for release of attachment stating the grounds for release and describing the property to be released, executed under oath, together with a copy thereof.

    (b) In the case of an assignee, the request shall include two copies of the general assignment for the benefit of creditors.

    (c) In the case of a trustee, interim trustee, or debtor in possession, the request shall include a certified copy of the petition in bankruptcy, together with a copy thereof.

    (d) If immediate release of the attachment is sought, the request shall be accompanied by an undertaking to pay the plaintiff any damages resulting from an improper release of the attachment, in the amount to be secured by the attachment, executed by an admitted surety insurer.

    (e) Within five days after the filing of the request for release of attachment, the levying officer shall mail to the plaintiff:

        (1) A copy of the request for release of the attachment, including the copy of the document filed pursuant to subdivision (b) or (c).

        (2) If an undertaking has not been given, a notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice.

        (3) If an undertaking has been given, a notice that the attachment has been released.

    (f) Unless otherwise ordered by a court, if an undertaking has not been given, the levying officer shall release the attachment pursuant to the request for release of attachment after the expiration of 10 days from the date of mailing the papers referred to in subdivision (e) to the plaintiff. If an undertaking has been given, the levying officer shall immediately release the attachment pursuant to the request for release of attachment.

    (g) Where the attached property has been taken into custody, it shall be released to the person making the request for release of attachment or some other person designated in the request. Where the attached property has not been taken into custody, it shall be released as provided in subdivision (c)or (d) of Section 488.730.

    (h) The levying officer is not liable for releasing an attachment in accordance with this section nor is any other person liable for acting in conformity with the release.