The hardest problem in commercial collection is not proving the debt — it is making sure money still exists when judgment finally arrives, often a year or more after filing. California's prejudgment writ of attachment solves that problem for qualifying claims: it lets a creditor obtain a lien on the debtor's assets at the start of the case, not the end. This article explains which claims qualify, how the process works, and why attachment is often the most consequential motion in a collection lawsuit.
What attachment does
A writ of attachment is a provisional remedy: the court authorizes the levying officer to attach — freeze or take custody of — the defendant's nonexempt property while the lawsuit proceeds. The attachment creates a lien with priority as of the levy, so the creditor stands ahead of later creditors and transfers. The practical effects are immediate. The defendant loses the ability to quietly move assets, the creditor gains security for the eventual judgment, and settlement discussions change character, because the defendant is now negotiating to release its own frozen property. In many commercial cases, the attachment hearing effectively resolves the litigation months before trial would have.
Which claims qualify under CCP § 483.010
Attachment is deliberately limited. Under Code of Civil Procedure section 483.010, a writ may issue only on a claim that is:
- For money, based on a contract — express or implied; tort claims do not qualify;
- In a fixed or readily ascertainable amount of $500 or more — excluding costs, interest, and attorney fees; the sum must be computable from the contract, not left to a jury's judgment;
- Not secured by an interest in real property (unless the security, through no fault of the creditor, has become valueless or has declined below the amount owed, in which case attachment may issue for the unsecured deficiency); and
- Commercial, if the defendant is a natural person — against individuals, the claim must arise out of the defendant's conduct of a trade, business, or profession. Consumer debts cannot support attachment against an individual.
Typical qualifying claims include unpaid invoices for goods or services, defaulted commercial loans and promissory notes, unpaid commercial leases, and breached distribution or supply agreements. Against corporations and LLCs, the commercial-claim limitation does not apply, and virtually all nonexempt corporate property is attachable; against individuals, the statute limits attachment to specified categories of property, and exemptions protect necessities.
What you must prove: probable validity
Attachment is not granted on allegations alone. The creditor must establish, by admissible evidence, the probable validity of the claim — that it is more likely than not the creditor will obtain judgment. In practice, this means a noticed motion supported by declarations attaching the contract, the invoices or loan documents, the account history, and a clean computation of the amount owed, including any attorney fees and costs the contract allows. The defendant can oppose on the merits and can claim exemptions. Because the court is essentially previewing the case, a well-built attachment application doubles as an early summary of the entire lawsuit — one reason creditors with strong documentation benefit disproportionately from the remedy. Where there is genuine risk the defendant will conceal or transfer assets before a noticed hearing, an ex parte application for a temporary protective order or writ is available on a showing of great or irreparable injury.
The undertaking, and the cost of getting it wrong
Before a writ issues, the creditor must post an undertaking — a bond — of at least $10,000 (Code of Civil Procedure section 489.220), which the court can increase if the defendant shows likely damages from a wrongful attachment. The bond exists because attachment is powerful and can be misused: if the defendant ultimately prevails, it can recover the damages an improper attachment caused, against the bond and beyond. Creditors should treat the qualification requirements seriously rather than stretching a marginal claim into an attachment application. Attachment also interacts with insolvency risk — an attachment lien obtained shortly before a bankruptcy filing may be avoidable as a preference — so timing and the debtor's overall condition belong in the analysis.
Attachment as collection strategy
For businesses owed significant commercial debts, the attachment question should be asked at the demand-letter stage, not after trial: does this claim qualify, what assets are known, and is the debtor's financial condition deteriorating? When the answer supports it, filing suit with an immediate attachment application is frequently the difference between collecting and holding an uncollectible judgment. The writ pairs naturally with the rest of the debt collection toolbox — asset investigation before filing, the attachment lien during the case, and conversion to a judgment lien after — and with broader business litigation strategy where the contract dispute is genuinely contested.
Talk to a California business attorney
If a business customer or borrower owes you a substantial contract debt and you are worried the assets will be gone by judgment, an attachment analysis at the outset of the case can secure your recovery. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
