What is the test for invalidating a writ of attachment when a creditor has failed to post a bond?

California, United States of America

The following excerpt is from Hobbs v. Weiss, 73 Cal.App.4th 76, 86 Cal.Rptr.2d 146 (Cal. App. 1999):

That is also why the provisions regarding this purely statutory remedy are subject to "strict construction." (Vershbow v. Reiner (1991) 231 Cal.App.3d 879, 882, 282 Cal.Rptr. 684 [invalidating writ of attachment because of creditor's failure to post a bond even though debtors knew there was a lien on their property and never objected to the lack of an undertaking].) The declarations in the moving papers must contain evidentiary facts, stated "with particularity," and based on actual personal knowledge with all documentary evidence properly identified and authenticated. (Code Civ. Proc. 482.040.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant for whom a bail bond has been posted fails to appear in court, can the surety that posted the bond challenge the forfeiture of the bond? (California, United States of America)

Does a creditor's course of dealing, which implied that the creditor had authorization to sell collateral, result in the creditor losing its security interest in the collateral but not in the proceeds? (California, United States of America)

What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)

Does a creditor who fails to exhaust all security for the same debt in a single action have a right to foreclose on the trust deed? (California, United States of America)

Does a court's order for a surety to release a defendant's bond materially increase the surety's risk on the bond? (California, United States of America)

In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)

What is the test for establishing that counsel failed to investigate and/or failed to call witnesses? (California, United States of America)

If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences? (California, United States of America)

Does defendant fail to show prejudice in a motion where the trial court failed to sustain his objection to a finding that the evidentiary error was prejudicial? (California, United States of America)

When a prosecutor said that appellant had failed to produce any evidence at trial, and the appellant failed to present any evidence to the jury, is that comment improper or harmless? (California, United States of America)

What is the test for invalidating a writ of attachment when a creditor has failed to post a bond?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources