§ 482.070.Service of Legal Process

Title 6.5. Attachment · Chapter 2. General Provisions · Last amended 2013 · Last verified July 28, 2026

In one sentenceSection 482.070 governs how attachment paperwork is served, generally personally or by mail under the judgment-enforcement service rules, with a stricter summons-style service requirement when the defendant has not yet appeared and a duty to serve the defendant’s attorney once one is on record.

Full Text of § 482.070

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a)

(1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail.

(2) For purposes of this title, the term "legal process" shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title.

(b) Except as otherwise provided in this section, service of legal process under this title is governed by Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9, including the provisions of Section 684.120 extending time when service is made by mail.

(c) For the purpose of subdivision (b), in Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9:

(1) References to the "judgment debtor" shall be deemed references to the defendant.

(2) References to the "judgment creditor" shall be deemed references to the plaintiff.

(3) References to a "writ" shall be deemed references to a writ of attachment.

(4) References to a "notice of levy" shall be deemed references to a notice of attachment.

(d) If the defendant has not appeared in the action and legal process is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.

(e) Except for service of a subpoena or other process to require the attendance of the defendant or service of a paper to bring the defendant into contempt, if the defendant has an attorney of record in the action, service shall be made on the attorney rather than on the defendant.

(f) Proof of service under this title is governed by Article 3 (commencing with Section 684.210) of Chapter 4 of Division 1 of Title 9.

End

Plain-English Summary

This section borrows the service machinery already built for enforcing money judgments rather than creating a separate system for attachment. Subdivision (a) allows "legal process" under this title — defined broadly to include every writ, notice, order, or other required paper — to be served personally or by mail. Subdivision (b) then applies the enforcement-of-judgments service articles (§§ 684.010 and 684.110) to attachment process, including the mail-based extension of time in § 684.120. Subdivision (c) translates the vocabulary: "judgment debtor" means the defendant, "judgment creditor" means the plaintiff, "writ" means a writ of attachment, and "notice of levy" means a notice of attachment.

Two additional rules matter in practice. If the defendant has not yet appeared in the action and personal service is required, subdivision (d) requires service in the same manner as serving a summons — a more demanding standard than ordinary mail or substituted service. And once the defendant has an attorney of record, subdivision (e) generally requires service on the attorney rather than the defendant directly, except for a subpoena or other process compelling the defendant’s attendance or contempt proceedings. Proof of service is governed by § 684.210.

Frequently Asked Questions

Can attachment paperwork be served by mail?

Generally yes. Section 482.070(a) allows legal process under this title to be served personally or by mail, subject to the enforcement-of-judgments service rules incorporated by subdivision (b).

What if the defendant has not yet appeared in the case?

Section 482.070(d) requires personal service on a defendant who has not appeared to be made in the same manner as serving a summons, a stricter requirement than the general service rules that otherwise apply.

Do I serve the defendant or the defendant’s lawyer once the defendant has appeared?

Section 482.070(e) generally requires service on the defendant’s attorney of record rather than the defendant directly, except for subpoenas or process to compel attendance or address contempt.

Amendment History

Amended by Stats 2012 ch 484 (AB 2364),s 1, eff. 1/1/2013.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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