(a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following:
(1) The amount of the defendant’s indebtedness claimed by the plaintiff.
(2) Any additional amount included by the court under Section 482.110.
(b) The amount described in subdivision (a) shall be reduced by the sum of the following:
(1) The amount of any money judgment in favor of the defendant and against the plaintiff that remains unsatisfied and is enforceable.
(2) The amount of any indebtedness of the plaintiff that the defendant has claimed in a cross-complaint filed in the action if the defendant’s claim is one upon which an attachment could be issued.
(3) The amount of any claim of the defendant asserted as a defense in the answer pursuant to Section 431.70 if the defendant’s claim is one upon which an attachment could be issued had an action been brought on the claim when it was not barred by the statute of limitations.
(4) The value of any security interest in the property of the defendant held by the plaintiff to secure the defendant’s indebtedness claimed by the 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.
(Amended (as amended by Stats. 1995, Ch. 591, Sec. 3) by Stats. 1997, Ch. 222, Sec. 4. Effective January 1, 1998.)
Last modified: October 25, 2018