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Current as of January 01, 2023 | Updated by FindLaw Staff
A wrongful attachment consists of any of the following:
(a) The levyunder a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:
(1) The levy was not authorized solely because of the prohibition of subdivision (c) of Section 483.010.
(2) The person who sold or leased, or licensed for use, the property, furnished the services, or loaned the money reasonably believed that it would not be used primarily for personal, family, or household purposes.
(b) The levyunder a writ of attachment or the service of a temporary protective order in an action in which the plaintiff does not recover judgment.
(c) The levy under writ of attachment obtained pursuant to Article 3 (commencing with Section 484.510) of Chapter 4 or Chapter 5 (commencing with Section 485.010) on property exempt from attachment except where the plaintiff shows thatthe plaintiff reasonably believed that the property attached was not exempt from attachment.
Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 490.010 - last updated January 01, 2023 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-490-010/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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