§ 492.030.Issuance Or Denial of Order
Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 1998 · Last verified July 28, 2026
Full Text of § 492.030
Plain-English Summary
Section 492.030(a) lists six findings the court must make before issuing the right to attach order -- which states the amount secured -- and ordering the writ upon the plaintiff's filing of the § 489.210/489.220 undertaking: the claim is of a type eligible for attachment, the plaintiff has established the probable validity of that claim, the defendant is one described in § 492.010, the attachment is not sought for an improper purpose, the affidavit shows the property is attachable under § 492.040, and the amount to be secured is greater than zero.
Subdivision (b) covers the denial side. If the application and affidavit do not satisfy the chapter's requirements, the court must say so and deny the order. But if the sole reason for denial is that the defendant does not fit § 492.010's description, the judicial officer must say so specifically -- and that particular denial does not stop the plaintiff from applying instead under the general attachment chapter (Chapter 4, commencing with § 484.010), using the very same affidavits and supporting papers already on file.
Frequently Asked Questions
What must a court find before issuing a nonresident attachment order?
If a court denies the order because the defendant isn't described in § 492.010, is the plaintiff out of options?
No. Section 492.030(b) lets the plaintiff apply instead under the general attachment chapter (§ 484.010 and following) using the same affidavits and supporting papers already filed.
Does the court have to explain why it denies the application?
Yes. Section 492.030(b) requires the court to state that the requirements aren't satisfied when denying the order, and to specifically identify a denial based solely on § 492.010 eligibility.
Amendment History
Amended by Stats. 1997, Ch. 222, Sec. 10. Effective January 1, 1998.