Legal Question in Business Law in California

Re: Writ of attachment

Are you the defendant or merely someone who has possession of the defendant's property? If you are the defendant, you should retain an attorney for the lawsuit. If not, the writ probably requires you to hold the property and not release it without a court order. I would have to see the writ itself to be sure. You should consult an attorney if you have any interest in the outcome of the case.

Re: Writ of attachment

A writ of attachment can be obtained 'ex parte,' i.e. without prior hearing, in exceptional circumstances. This may explain why you had no prior notice. However, there will be documents on file at the courthouse that will give much of the background, including the allegations made by the party obtaining the writ.

A writ should not be issued unless the party seeking the writ (the plaintiff) has filed a bond with the court protecting you from financial harm if the writ turns out to be improper.

Writs of attachment and levy thereon are a very technical area of the law. Defendants have substantial rights especially where the writ is obtained ex parte. You should have a lawyer intercede on your behalf at the earliest opportunity.

Re: Writ of attachment

Retain an attorney as soon as possible. There are a number of potential avenues to challenge the writ that one must look at to see if you have a defense.