MBE Rules · Remedies
Prejudgment Attachment
Cal. Civ. Proc. Code § 483.010
The rule
Attachment lies only on commercial claims for a fixed amount over $500 based on contract, requires probable validity and an undertaking, and is unavailable for consumer debts against natural persons except narrow categories.
In plain English
Prejudgment attachment allows a creditor to seize a debtor's property before a judgment is made, but it is limited to commercial claims that are for a fixed amount over $500 and based on a contract. The creditor must show that their claim is probably valid and provide an undertaking, and this remedy is generally not available for consumer debts against individuals, except in specific situations.
Worked example
A company sues a supplier for $1,000 due to a breach of contract. The company demonstrates that its claim is probably valid and provides the required undertaking. The court grants a prejudgment attachment on the supplier's assets, allowing the company to secure its claim before the trial concludes.
Memory hook
Prejudgment attachment: secure your claim before the court says 'yes'!
The trap
Exams often include consumer debt scenarios to confuse students, as prejudgment attachment is typically unavailable in those cases. Students may mistakenly apply the rule to personal debts without recognizing the exceptions.
How examiners test it
Questions frequently present a fact pattern involving a commercial claim and ask whether prejudgment attachment is appropriate, testing the candidate's understanding of the requirements and exceptions.
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