Section 6212. Motion papers; undertaking; filing; demand; damages  


Latest version.
  • (a)
      Affidavit; other papers. On a motion for an order of attachment, or  for
      an order to confirm an order of attachment, the plaintiff shall show, by
      affidavit  and  such  other  written  evidence as may be submitted, that
      there is a cause of action, that it is probable that the plaintiff  will
      succeed  on the merits, that one or more grounds for attachment provided
      in section 6201 exist, and that the amount demanded from  the  defendant
      exceeds all counterclaims known to the plaintiff.
        (b) Undertaking. On a motion for an order of attachment, the plaintiff
      shall give an undertaking, in a total amount fixed by the court, but not
      less  than  five  hundred  dollars, a specified part thereof conditioned
      that the plaintiff shall pay to the defendant  all  costs  and  damages,
      including  reasonable  attorney's fees, which may be sustained by reason
      of the attachment if the defendant recovers judgment or if it is finally
      decided that the plaintiff was not entitled  to  an  attachment  of  the
      defendant's  property,  and  the  balance conditioned that the plaintiff
      shall pay to the sheriff all of his allowable fees. The attorney for the
      plaintiff shall not be liable to the sheriff for such fees.  The  surety
      on  the  undertaking  shall  not be discharged except upon notice to the
      sheriff.
        (c) Filing. Within  ten  days  after  the  granting  of  an  order  of
      attachment,  the  plaintiff  shall  file  it and the affidavit and other
      papers upon which it was based and the  summons  and  complaint  in  the
      action.    Unless the time for filing has been extended, the order shall
      be invalid if not so filed, except that a person upon whom it is  served
      shall  not  be  liable  for  acting  upon it as if it were valid without
      knowledge of the invalidity.
        (d) Demand for papers. At any time  after  property  has  been  levied
      upon,  the  defendant may serve upon the plaintiff a written demand that
      the papers upon which the order of attachment was granted and  the  levy
      made  be  served  upon  him.  Not more than one day after service of the
      demand, the plaintiff shall cause the papers demanded to  be  served  at
      the  address  specified  in  the demand. A demand under this subdivision
      shall not of itself constitute an appearance in the action.
        (e) Damages. The plaintiff shall be liable to the  defendant  for  all
      costs  and  damages,  including reasonable attorney's fees, which may be
      sustained  by  reason  of  the  attachment  if  the  defendant  recovers
      judgment,  or  if  it  is  finally  decided  that  the plaintiff was not
      entitled to an  attachment  of  the  defendant's  property.  Plaintiff's
      liability shall not be limited by the amount of the undertaking.