§ 491.190. — 491.190. (Added by Stats. 1982, Ch. 1198, Sec. 57.)

California § 491.190.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 6.5.
• Part 2.: TITLE 6.5. ATTACHMENT
• Ch. 11.: CHAPTER 11. Attaching Plaintiff’s Miscellaneous Remedies
• Art. 1.: ARTICLE 1. Examination of Third Person

Text

(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article:
(1)
The court may order the defendant’s interest in the property in the possession or under the control of the third person or a debt owed by the third person to the defendant to be attached in the manner and under the conditions provided by this title or to be delivered or paid to the levying officer if the levying officer has a writ of attachment permitting the attachment of the property or debt. After the property or debt has been attached, the order may be enforced as provided in
Section 491.360. The order creates a lien on the property or debt. The lien continues for a period of one year from the date of the order unless the court extends or reduces the period of the existence of the lien.
(2)
If the property or debt has previously been attached, the court may make an order determining the third person’s liability, and the order may be enforced as provided in Section 491.360.
(b)
If a third person examined pursuant to this article claims an interest in the property adverse to the defendant or denies the debt and the court does not determine the matter as provided in subdivision (a) of Section 491.170, the court may not make an order under subdivision (a) of this section, but may make an order pursuant to subdivision (c) or (d) of Section 491.170 forbidding transfer or payment to the extent authorized by that section.

Legislative History

Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.