Fill and Sign the At 115 Form

AT-115 NOTIC E OF APPLICAT ION AND HEARING FOR RIGHT TO A TTACH OR DER ORD ER FOR ISSUANCE OF WRIT OF ATTACHMENT ADDITIONAL WR IT OF ATTACH MENT 1. Notice to defenda nt (name, ad dress, and te lepho ne n umber, if known ): 2. Pl aintiff has filed a n application for a right to attach order and writ of attachment. (Ch eck items 6a , 6b, an d 6 d(1).) a. a writ of attachment. (Check i tem 6d (2).) b. an add itional writ of attachment. (Check item 6d(2).) c. 3. A hearing on plai ntiff's appl icati on will be held in this co urt as foll ows: Date: Time: Dept.: Div.: Rm.: 4. Th e req uest of pl aintiff fo r an order is ba sed upon th e application an d a ffidavit o r decla ration file d a nd served with this no tice and is 5. Your attention is directe d to th e foll owing secti ons of th e Co de of Civil Procedure and Wel fare and Institutions Code that set fort h when an attachme nt may or ma y not be i ssued, the man ner o f calculating the amount to be se cured by the attachm ent, the co urt' s discretion to include costs and attorne y's fees, an d spe cial limitati ons o n the amount to be secured by attachme nt in unl awfu l detain er procee dings: Co de Civ. Pro c., §§ 48 2.1 10, 483 .01 0, 483 .01 5, 483.020 ; Welf. & Inst. Code , § 15657.01. 6. Yo u are no tifie d th at a. b. c. If a ri ght to attach order is or has been issued, a writ of attachment will be issued to atta ch your property de scribe d in plaintiff' s app lication unle ss th e cou rt determin es that the property is exempt fro m attachment or that its val ue clear ly exce eds the amoun t necessary to sati sfy the amount to be secur ed by the attachment. How ever, since the right to atta ch orde r will no t necessarily be limited to your property de scribe d in plaintiff' s ap plication, a writ of attach men t ma y later be issued to attach other nonexem pt prope rty o f yours. Page 1 of 3 Form Approved for Optional Use Judicial Co uncil of California AT-115 [Rev. July 1, 2010] Cod e Civ . Proc., §§ 482.030, 484.010 et seq.; NOTICE OF APPLICATION AND HEARI NG FOR RIGHT TO ATTACH ORDER AND WRI T OF ATTACHMENT (A ttachment) Welfare & In stitutions Code, § 1 5657.01 FOR COURT USE ONLY PLAINTI FF: DEFEN DANT : CAS E NUMB ER: A right to attach order wil l be issued if th e cou rt fin ds at the hea ring tha t plai ntiff's cl aim is proba bly val id and th e other requi remen ts for issuing the order are est abli shed. T his h earing may in clude both w ritten and oral present ations but is not for the purpose of de terminin g wh eth er the claim is actually valid . Dete rmin ation of th e actual vali dity of the claim will be made in subseque nt proceed ings in the action and wil l not be af fected by the decisio n at th e hearing on th e application for the order. If you desire to oppo se the issuance of a ri ght to attach order or object to the am ount to be secured by the attachmen t as provide d in Co de of Civil Procedure secti on 483.015 (or Cod e of Civil Pro cedure se ction 48 3.0 20 in unlawful detain er actions), you mu st fil e with this cou rt and serve on plaintiff (no later than five court da ys prior to the date set for hearing in item 3) a noti ce of opposition an d sup porti ng declaration or affidavi t as requ ired by Co de of Civil Procedure sectio n 484 .06 0. ATTORNE Y O R PARTY WITHOUT ATTO RNEY (Name, State Bar number, and ad dress): FAX NO. (Optional): TEL EPHONE NO. : ATTORNEY FOR (Name): E-MA IL ADDRE SS (Optional): STRE ET A DDRES S: MAILING ADDRES S: CITY AND ZIP CODE: BRANCH NA ME: SUPERIOR COURT OF CALIF ORNIA, COUNTY OF mad e under Co de of Civil Procedure secti on 483.010. (Che ck item 6h(2)(a).) Welfare and Institutions Code secti on 15657 .01 . (Check item 6 h(2)(b ).) a. b. 6. d. If you claim that all or some portion of the property described in plaintiff's application is exempt from attachment, you must, no later than five court days prior to this hearing, (1) include your claim of exemption in your notice of opposition filed and served pursuant to Code of Civil Procedure section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.070. (2) file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.350. If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be barred unless you show a change in circumstances occurring after expiration of the time for claiming exemptions. e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100. f. You may obtain a determination at the hearing whether property not described in the application is exempt from attachment. Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making a claim of exemption with respect to the property at a later time. g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment will be reduced by (1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable; (2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is one upon which an attachment could be issued; (3) the amount of any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if the claim is one upon which an attachment could have been issued had an action been brought on the claim when it was not barred by the statute of limitations; or (4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest. h. The amount to be secured by an attachment is determined pursuant to the following statutes: (1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate of the costs and allowable attorney fees. (2) (a) Code of Civil Procedure section 483.010. An attachment may issue on a claim for $500 or more based on a contract, express or implied, exclusive of attorney fees, costs, and interests. If the claim was originally secured by an interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become valueless or has decreased in value to less than the amount owing on the claim, through no fault of plaintiff or the security holder (if different from plaintiff). (3) Code of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claimed by plaintiff, plus estimated costs and allowable attorney fees, reduced by the sum of the following: (a) the amount of any unsatisfied money judgment held by defendant against plaintiff; (b) the amount of any indebtedness of plaintiff claimed by defendant in a cross-complaint filed in the action (if a writ of attachment could issue on the claim); (c) the amount of any cross-demand for money owed by plaintiff to defendant that is barred by the statute of limitations (but assertable as a Code of Civil Procedure section 431.70 defense) if the debt was one upon which a writ of attachment could have been issued before the statute of limitations ran; and (d) the amount of any security interest held by plaintiff in defendant's property, together with any decrease in the value of the underlying security caused by plaintiff or a prior security holder. NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) Page 2 of 3 AT-115 [Rev. July 1, 2010] SHORT TITLE CASE NUMBER: (b) Welfare and Institutions Code section 15657.01. An attachment may issue on a claim based on the taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud, or by undue influence. AT-115 6 h. (4) Code of Civil Procedure section 483.020. An attachment ordered in an unlawful detainer proceeding may include (a) the amount of rent past due when the complaint is filed; (b) an additional amount for the estimated rent due from the date the complaint was filed until the estimated date of judgment or delivery of possession to plaintiff; plus (c) estimated costs and attorney fees. Any prepaid rent or lease deposits held by plaintiff are disregarded in the calculation of the amount of attachment. However, the amount of attachment will be reduced by the amounts described in Code of Civil Procedure section 483.015 (see item 6h(3) above). i. Either you or your attorney or both of you may be present at the hearing. j. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH PLAINTIFF'S APPLICATION. THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YOU BEFORE THE TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING. (TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) AT-115 [Rev. July 1, 2010] NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) Page 3 of 3 Date: SHORT TITLE: CASE NUMBER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AT-115