§ 493.040.Request For Release of Attachment

Title 6.5. Attachment · Chapter 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 493.040 lets the assignee or bankruptcy trustee secure release of attached property terminated under § 493.030 by filing a sworn request with the levying officer, sets a 10-day waiting period before automatic release unless an admitted-surety undertaking against improper release accompanies the request for immediate release, and shields the levying officer from liability for acting on it.

Full Text of § 493.040

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

(a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the case of a bankruptcy, the trustee, interim trustee, or the debtor in possession if there is no trustee or interim trustee, may secure the release of the attached property by filing with the levying officer a request for release of attachment stating the grounds for release and describing the property to be released, executed under oath, together with a copy thereof.

(b) In the case of an assignee, the request shall include two copies of the general assignment for the benefit of creditors.

(c) In the case of a trustee, interim trustee, or debtor in possession, the request shall include a certified copy of the petition in bankruptcy, together with a copy thereof.

(d) If immediate release of the attachment is sought, the request shall be accompanied by an undertaking to pay the plaintiff any damages resulting from an improper release of the attachment, in the amount to be secured by the attachment, executed by an admitted surety insurer.

(e) Within five days after the filing of the request for release of attachment, the levying officer shall mail to the plaintiff:

(1) A copy of the request for release of the attachment, including the copy of the document filed pursuant to subdivision (b) or (c).

(2) If an undertaking has not been given, a notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice.

(3) If an undertaking has been given, a notice that the attachment has been released.

(f) Unless otherwise ordered by a court, if an undertaking has not been given, the levying officer shall release the attachment pursuant to the request for release of attachment after the expiration of 10 days from the date of mailing the papers referred to in subdivision (e) to the plaintiff. If an undertaking has been given, the levying officer shall immediately release the attachment pursuant to the request for release of attachment.

(g) Where the attached property has been taken into custody, it shall be released to the person making the request for release of attachment or some other person designated in the request. Where the attached property has not been taken into custody, it shall be released as provided in subdivision (c) or (d) of Section 488.730.

(h) The levying officer is not liable for releasing an attachment in accordance with this section nor is any other person liable for acting in conformity with the release.

End

Plain-English Summary

Terminating a lien under § 493.030 is only half the job; someone still has to get the property released. Section 493.040(a) gives that job to the assignee under a general assignment, or, in a bankruptcy case, to the trustee, interim trustee, or debtor in possession if no trustee has been appointed. That person files a sworn request with the levying officer describing the property and the grounds for release, along with a copy. Subdivisions (b) and (c) specify the required attachments -- two copies of the general assignment for an assignee, or a certified copy of the bankruptcy petition (plus a copy) for a trustee.

Subdivision (d) covers the fast track: if the requester wants immediate release, the request must come with an undertaking, executed by an admitted surety insurer, promising to pay the plaintiff any damages from an improper release, in the amount the attachment secures. Without that undertaking, subdivisions (e) and (f) set a default waiting period -- the levying officer mails the plaintiff the request and notice within five days, and unless a court orders otherwise, releases the attachment automatically after 10 days from that mailing. If the undertaking is provided, release happens immediately instead.

Subdivisions (g) and (h) round out the mechanics: property already in custody goes to the requester or a designated person, other property releases under § 488.730(c) or (d), and the levying officer -- along with anyone else who acts consistently with the release -- is not liable for carrying it out under this section.

Frequently Asked Questions

Who requests release of property after a lien terminates under § 493.030?

Section 493.040(a) gives that role to the assignee under a general assignment, or, in bankruptcy, to the trustee, interim trustee, or debtor in possession if none has been appointed.

How quickly does the attachment get released?

Without an undertaking, § 493.040(f) releases it automatically 10 days after the levying officer mails notice to the plaintiff, unless a court orders otherwise; with the § 493.040(d) undertaking, release is immediate.

What does the immediate-release undertaking have to cover?

Section 493.040(d) requires it to be executed by an admitted surety insurer and to promise payment to the plaintiff of any damages from an improper release, in the amount the attachment secures.

Is the levying officer liable if the property is released and the release turns out to be wrong?

No. Section 493.040(h) shields the levying officer, and anyone else acting consistently with the release, from liability for carrying out a release under this section.

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 62.5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

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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