AT-165 - Notice of Attachment

Summary

Notice of Attachment

Text

Form ID: AT-165
Title: Notice of Attachment
Effective Date: 2003-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-165
Primary Download URL: https://www.courts.ca.gov/documents/at165.pdf
Form Detail Page:
Notice of Attachment
(AT-165)
Tells the defendant or another person who has money or other property that belongs to the defendant that the property is being attached.  Also gives defendants or others receiving this notice information about their rights.
Get form AT-165
Effective: January 1, 2003
PDF Text:
Form Approved for Optional Use 
Judicial Council of California 
AT-165 [Rev. January 1, 2003]
NOTICE OF ATTACHMENT 
(Attachment)
Code of Civil Procedure, 
§§ 482.030, 488.060
AT-165
FOR RECORDER'S USE ONLY
  CASE NUMBER
   LEVYING OFFICER (Name and Address):
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): 
After recording return to:
TELEPHONE NO.:
FAX NO. (optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
NOTICE OF ATTACHMENT 
[This form is used in connection with levy under a writ of attachment.]
TO THE PERSON NOTIFIED (name):
1. Plaintiff in this action seeks to attach property in which defendant has an 
interest. The property to be attached is
a. (describe property):
b. described in the Writ of Attachment and Order for Issuance of Writ of 
Attachment, attached hereto and incorporated by reference.
2. You are notified as
a. a defendant.
b. a person other than defendant                                                 (state capacity in which person is being notified):
(Read Information for Defendant or Information for Person Other than Defendant on reverse.)
3. A notice was filed with the
Secretary of State.a.
b. Department of Motor Vehicles.
c. Department of Housing and Community Development.
4. Notice of Attachment was
a. mailed on (date):
b. delivered on (date):
c. posted on (date):
d. filed on (date):
e. recorded on (date):
Signed by:
Levying officer Registered process server
Page 1 of 2

AT-165 [Rev. January 1, 2003] NOTICE OF ATTACHMENT 
(Attachment)
Page 2 of 2
— INFORMATION FOR DEFENDANT —
1. The levying officer may be required to take custody of property described in item 1 in your possession or under your control. 
You have a right to be represented by an attorney in this lawsuit.
2. You may claim any available exemption for your property. An exemption for real property may be claimed any time before the 
entry of judgment. If the right to attach order or writ of attachment was issued without a noticed hearing and you wish to claim 
an exemption for personal property, you must do so within 30 days after the levying officer serves you with the Notice of 
Attachment describing the property. If you do not claim an exemption, you may lose it and the property is subject to 
attachment. If you wish to seek the advice of an attorney, you should do so immediately so that a claim of exemption can be 
filed on time.
3. Plaintiff has filed an undertaking. You have the right to object to the undertaking and may apply for an order to substitute an 
undertaking for your property which has been or is subject to being attached.
4. You have a duty to release tangible personal property to the levying officer. You have the rights and duties specified in Code of 
Civil Procedure section 488.395 if your farm products or inventory of a going business have been or are subject to attachment.
5. If the property is perishable or will greatly deteriorate in value, or for other good reason, you may apply ex parte, or if the court 
or court rule requires, by noticed motion, for an order appointing a receiver or directing the levying officer to take any action 
necessary to preserve the value of the property, including selling the property. The court may order any receiver to be paid 
from the proceeds of the sale of your property.
6. You may apply for a release of the attachment to the extent that the value of your interest in the property exceeds the amount 
necessary to satisfy the attachment.
7. You may apply to the court for an order modifying or vacating any temporary protective order in the interests of justice or for an 
order terminating the same upon filing an undertaking.
8. If the writ of attachment has been issued against you because you are a nonresident, you may have the right to attach order 
set aside by filing a general appearance.
9. If the writ of attachment was issued on an ex parte application, you may apply for an order that the right to attach order be set 
aside, the writ quashed, and any property levied upon pursuant to the writ be released.
10. If you recover judgment against plaintiff, you may apply for a release of all property attached by plaintiff under the Writ of 
Attachment. If judgment is recovered against you and you appeal, you have the right to obtain the release of your property by 
filing a sufficient undertaking.
11. You may object to the amount sought to be secured by the attachment.
12. You may recover damages for wrongful attachment.
— INFORMATION FOR PERSON OTHER THAN DEFENDANT —
1. If the property attached or sought to be attached is in your possession or under your control and you do not claim the right to 
possession or a security interest, you must deliver the property to the levying officer. If you do not deny an obligation levied 
upon or do not claim a priority over the plaintiff's lien, you must pay to the levying officer the amount that is due and payable 
and that becomes due and payable during the period of the attachment lien. You must execute and deliver any documents 
needed to transfer the property.
2. You must complete the accompanying Memorandum of Garnishee.
3. If you claim ownership or the right to possession of real or personal property levied upon or if you claim a security interest in or 
lien on personal property levied upon, you may make a third-party claim and obtain the release of the property pursuant to 
Code of Civil Procedure sections 720.010–720.800.
4. If you have an interest in the property attached or sought to be attached and the property is perishable or will greatly 
deteriorate in value, or for other good reason, you may apply ex parte, or if the court or court rule requires, by noticed motion, 
for an order appointing a receiver or directing the levying officer to take any action necessary to preserve the value of the 
property, including selling the property. The court may order any receiver to be paid from the proceeds of the sale of your 
property.
5. Make checks payable to the levying officer.

Retrieval chunks

• #1

  Form ID: AT-165 Title: Notice of Attachment Effective Date: 2003-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/AT-165 Primary Download URL: https://www.courts.ca.gov/documents/at165.pdf Form Detail Page: Notice of Attachment (AT-165) Tells the defendant or another person who has …

• #2

  2. You may claim any available exemption for your property. An exemption for real property may be claimed any time before the entry of judgment. If the right to attach order or writ of attachment was issued without a noticed hearing and you wish to claim an exemption for personal property, you must do so within 30 d…

• #3

  Attachment. If judgment is recovered against you and you appeal, you have the right to obtain the release of your property by filing a sufficient undertaking. 11. You may object to the amount sought to be secured by the attachment. 12. You may recover damages for wrongful attachment. — INFORMATION FOR PERSON OTHER…