AT-130 Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Nonresident)

Source: https://www.courts.ca.gov/documents/at130.pdf

AT-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

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EX PARTE CASE NUMBER: RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (NONRESIDENT) ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT (NONRESIDENT)

1. The application and supporting declaration or affidavit of plaintiff (name): for an ex parte right to attach order and order for issuance of writ of attachment order for issuance of an additional writ of attachment has been considered by the court.

   FINDINGS

2. THE COURT FINDS a. Defendant (name): (1) is a natural person who does not reside in California. (2) is a foreign corporation which has not qualified to do business in California. (3) is a foreign partnership which has not filed a designation under Corporations Code section 15800. b. The claim upon which the application is based is one upon which an attachment may be issued under Code of Civil Procedure section 483.010 Welfare and Institutions Code section 15657.01. c. Plaintiff has established the probable validity of the claim upon which the attachment is based. d. The attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based. e. The amount to be secured by the attachment is greater than zero. f. The affidavit or declaration accompanying the application shows that the property sought to be attached, or the portion thereof described in item 3b, is subject to attachment under Code of Civil Procedure section 492.040. g. An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff has has not filed an undertaking in that amount. h. A Right to Attach Order was issued pursuant to Code of Civil Procedure section 492.030 on (date): i. Other (specify):

   Form Approved for Optional Judicial Council of California Use EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE Code§§ 482.030,of Civil Procedure492.010; AT-130 [Rev. July 1, 2010] OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment) Welfare & Institutions Code, § 15657.01 www.courtinfo.ca.gov

AT-130 SHORT TITLE: CASE NUMBER:

ORDER

3. THE COURT ORDERS a. Plaintiff has a right to attach property of the nonresident defendant named in item 2a in the amount of: $

   b. The clerk shall issue a writ of attachment an additional writ of attachment in the amount stated in item 3a forthwith upon the filing of an undertaking in the amount of: $ against the following property of defendant:

   c. Defendant shall transfer to the levying officer possession of (1) any documentary evidence in defendant's possession of title to any property described in item 3b. (2) any documentary evidence in defendant's possession of debt owed to defendant described in item 3b. (3) the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT.

   d. Other (specify):

   e. Total number of boxes checked in item 3:

Date:

(JUDICIAL OFFICER)

AT-130 [Rev. July 1, 2010] EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE Page 2 of 2 OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment) For your protection and privacy, please press the Clear This Form button after you have printed the form. Save This Form Print This Form Clear This Form