Understanding Attachment Liens in California

Authorizing Use of Liens

California's Code of Civil Procedure authorizes the use of liens in attachment in Part 2, Title 6.5, Chapter 8, Article 3.Section 488.500 states that a levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration of the time provided by statute.

Lien Scope and Effect

If property subject to an attachment lien is transferred or encumbered, the property transferred or encumbered remains subject to the lien after the transfer or encumbrance to the same extent that the property would remain subject to an execution lien.For example, if equipment consisting of a vehicle, vessel, mobilehome, or commercial coach is attached, the attachment lien on the specified property does not affect the rights of a person who is a bona fide purchaser or encumbrancer and obtains possession of both the property and its certificate of ownership.

Notice Requirements and Recordation

The levying officer is required to serve notice of the order upon any person holding property pursuant to an attachment and must record or file the notice in any office where the writ and notice of attachment are recorded or filed prior to the expiration of the period described.Where the attached property is real property, the plaintiff or the plaintiff’s attorney, instead of the levying officer, may record the required notice.

Extension and Duration of Attachment

Any attachment may be extended from time to time in the manner prescribed in this section, but the maximum period of the attachment, including extensions, cannot exceed 8 years from the date of issuance of the writ of attachment under which the levy of attachment was made.Prompt: The maximum duration of an attachment is 8 years from the date of issuance of the writ of attachment.

Key Takeaways

• The use of liens in attachment is authorized by California's Code of Civil Procedure.
• An attachment lien creates on the property from the time of levy until the expiration of the time provided by statute.
• A transfer or encumbrance of property subject to an attachment lien does not affect the rights of a person who is a bona fide purchaser or encumbrancer.