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AT-130Optional

Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Nonresident)

California · Judicial Council of California · Effective July 1, 2010

This form is used to ask the court, without a hearing, for permission to attach (have the sheriff take and hold) money or property belonging to a defendant who does not live in California. It also asks for an order to issue a writ of attachment.

The court describes it as: States the court’s decision (order) without holding a hearing that the plaintiff has the right to attach (have the sheriff take and hold) money or other property belonging to a defendant who is a not a resident of California to pay the amount the plaintiff is owed if the plaintiff wins the case and for a writ of attachment (an order to the sheriff to take and hold that property).

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used when a plaintiff believes they are owed money or property from a defendant who is not a resident of California and needs the court to secure that property before a final judgment.

Usually filed by the person starting the case.

Common questions

What is this form for?
This form asks the court for an order that allows the plaintiff to attach property of a defendant who does not live in California. It also asks for an order to issue a writ of attachment.
Does this require a hearing?
The form is titled 'Ex Parte,' which means the court considers the application without holding a hearing.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect July 1, 2010.

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