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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 2. OF CIVIL ACTIONS |
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Title 6.5. ATTACHMENT |
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Chapter 11. Attaching Plaintiff’s Miscellaneous Remedies |
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ARTICLE 2. Creditor’s Suit |
Section 491.330.
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(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following times:
(1) The time when the defendant may bring an action against the third person concerning the property or debt.
(2) One year after creation of an attachment lien on the property or debt pursuant to this title if the lien is created at the time when the defendant may bring an action against the third person concerning the property or debt.
(b) An action may not be commenced pursuant to this article if the attachment lien is not in effect.
(c) If an action is commenced pursuant to this article within the time permitted in this section, the action may be prosecuted to judgment so long as the attachment lien or a lien of the plaintiff on the same property pursuant to Title 9 (commencing with Section 680.010) is in effect.