How to Fill Out California Form AT-105 (w/Examples) + FAQs

California Form AT-105 is the Right to Attach Order and Order for Issuance of Writ of Attachment, a Judicial Council form that a judgment creditor uses to ask the Superior Court to grant an attachment lien against a defendant’s property before final judgment. You fill it out by completing the caption, checking the correct boxes for the type of attachment relief, listing the amount to be secured, identifying the property to be attached, and filing it with the supporting application package under California Code of Civil Procedure §§ 484.010–484.100.

Prejudgment attachment is a powerful but narrow remedy in California civil practice. According to the Judicial Council of California Court Statistics Report, unlimited civil cases involving commercial collection and contract claims account for roughly 23% of new filings each year, and a measurable share rely on writs of attachment to secure recovery before trial.

Here is what this guide will deliver:

📝 A line-by-line walkthrough of every box, caption field, and checkbox on Form AT-105.
⚖️ The statutory rules from the Attachment Law in CCP § 481.010 et seq. that drive each entry.
💡 Three real-world scenarios with named people showing how the form looks when completed.
🚫 The seven most common mistakes that get AT-105 orders denied or vacated on appeal.
❓ Ten plain-English FAQs covering bonds, third-party claims, exemptions, and federal overlap.

What California Form AT-105 Actually Is

Form AT-105 is the order the court signs after granting a noticed motion or ex parte application for a right to attach order under the California Attachment Law. The form is published and revised by the Judicial Council, and the current version is available on the official Judicial Council AT-105 page. It is mandatory in form when used, meaning the court must accept it if completed correctly under California Rules of Court, Rule 1.31.

The form serves two linked purposes in one document. First, it embodies the court’s Right to Attach Order, which is the judicial finding that the plaintiff has shown a probable validity of the claim under CCP § 481.190. Second, it directs the clerk to issue a Writ of Attachment on Form AT-135 so the levying officer can seize property under CCP § 488.010.

The consequence of skipping AT-105 is severe. Without a signed right to attach order, any seizure of the defendant’s property is a wrongful attachment exposing the plaintiff to damages under CCP § 490.010. The California Court of Appeal made this explicit in Vershbow v. Reiner (1991) 231 Cal.App.3d 879, holding that strict statutory compliance is required.

A common misconception is that AT-105 is the same as a small claims judgment levy. It is not. Small claims uses Form SC-134 and only happens after judgment, while AT-105 is a prejudgment remedy used while the underlying case is still pending.

Who Can File Form AT-105 and When

Only a plaintiff with a claim that fits the narrow gateway in CCP § 483.010 may file Form AT-105. The claim must be for money based on an express or implied contract, the total must be a fixed or readily ascertainable amount of not less than $500, and the claim must be unsecured or secured only by personal property.

Timing matters. The plaintiff may seek the order on noticed motion at any time after the complaint is filed under CCP § 484.010, or by ex parte application in narrow emergencies under CCP § 485.010. The court will not sign AT-105 unless probable validity, statutory purpose, and proper notice are all established.

The consequence of filing on the wrong type of claim is dismissal of the application and possible sanctions. For example, a tort claim for personal injury cannot support attachment because it is not contract-based and damages are not readily ascertainable. A common misconception is that any breach of contract qualifies, but consumer transactions against natural persons are excluded under CCP § 483.010(c).

Federal Court Overlap

Federal district courts sitting in diversity apply California attachment law through Federal Rule of Civil Procedure 64. That means a plaintiff in the Central District of California can use AT-105 procedurally, although many federal judges prefer a stand-alone proposed order tracking the same elements. The consequence of ignoring Rule 64 is denial of the writ for lack of authority.

A real example: when Acme Logistics LLC sued a Nevada distributor in the Eastern District of California for an unpaid $410,000 freight invoice, counsel attached a completed AT-105 to the ex parte application under Rule 64 and the magistrate signed it after a probable-validity hearing. The misconception to avoid is that federal courts have their own attachment forms; they borrow California’s.

Sister-State Judgment Interplay

A sister-state judgment creditor under the Sister State Money Judgments Act, CCP § 1710.10 does not need AT-105 because the sister-state judgment is enforceable directly through Form EJ-105. The consequence of confusing the two is wasted filing fees and delay. The plain-English point is simple: AT-105 is for cases that have not yet reached judgment.

Line-by-Line Walkthrough of Form AT-105

Form AT-105 is two pages with a caption block, party identifiers, and seven main paragraphs that the court completes by checking boxes and inserting amounts. The current revised form is downloadable from the California Courts forms portal. Each line has legal weight, so accuracy is non-negotiable.

Caption and Attorney Block

The top-left box requires the attorney’s name, State Bar number, firm name, address, telephone, and email. The plain-English explanation is that this identifies who the court can reach about the order. The consequence of an outdated address is that service of any opposition or vacatur motion can be challenged.

A real example: attorney Jasmine Patel of Patel & Associates in Sacramento listed her firm’s old downtown address on AT-105 and missed a defendant’s motion to quash because the mail forwarding lapsed. The misconception that this is a clerical detail is wrong; courts treat it as the official service address under CRC 2.111.

Court and Case Information

Just under the attorney block, you enter the Superior Court branch, street address, mailing address, city and zip, and branch name, followed by the short caption with plaintiff and defendant names. Under that, you write the case number exactly as it appears on the complaint. The consequence of a wrong case number is that the clerk will reject the filing under local rules such as Los Angeles Superior Court Local Rule 3.220.

A common misconception is that you can abbreviate party names. Use the full names exactly as pleaded; otherwise, the writ may be unenforceable against an alias.

Item 1 — Hearing or Ex Parte

Item 1 has two checkboxes: one for a noticed hearing and one for ex parte. You check the box matching how the application was heard. If noticed, fill in the hearing date, time, department, and judge under CCP § 484.040. If ex parte, the court will rely on the showing of great or irreparable injury under CCP § 485.010.

The consequence of checking the wrong box is that the order may be voidable. A misconception is that ex parte is faster and therefore preferred; it actually carries a heavier evidentiary burden.

Item 2 — Findings on Probable Validity

Item 2 contains the court’s findings: that the claim is one upon which attachment may issue, that probable validity exists, that the attachment is not for a purpose other than recovery on the claim, and that the amount to be secured is greater than zero. The plain-English point is that these are the four pillars of the Attachment Law’s prima facie test.

The consequence of leaving any pillar unchecked is reversal on appeal, as confirmed in Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110. A common misconception is that “probable validity” means “more likely than not”; it is the statutory definition in CCP § 481.190, which is a higher showing than mere possibility.

Item 3 — Defendant Identification

Item 3 lists the defendant against whom the order issues, with a checkbox for natural person, partnership, corporation, limited liability company, or other form. You must match the entity type to the California Secretary of State business search. The consequence of mis-identifying a single-member LLC as a sole proprietorship is that the writ may not reach LLC assets.

A real example: creditor Marcos Rivera sued “Bayview Painters” but checked “natural person” instead of “LLC” on AT-105; the levy on the LLC’s bank account was released after a third-party claim under CCP § 720.110.

Item 4 — Amount to Be Secured

Item 4 sets the dollar amount to be secured, including the principal, estimated allowable costs and attorney fees, and any interest accruing under CCP § 482.110. The amount must be supported by the Application for Right to Attach Order, Form AT-105 Application package, declarations, and exhibits.

The consequence of inflating the amount is denial and possible sanctions under CCP § 128.7. A misconception is that you can include speculative future damages; only readily ascertainable amounts are allowed.

Item 5 — Property Description

Item 5 describes the property to be attached: all property of a corporation or partnership defendant, or specific listed categories of a natural person defendant under CCP § 487.010. For natural persons, only enumerated categories qualify, such as interests in real property, accounts receivable from a trade or business, equipment, inventory, and chattel paper.

The consequence of vague descriptions is that the levying officer cannot execute. A real example: plaintiff Chen Imports Inc. listed “all assets” of an individual defendant; the San Francisco Sheriff’s Civil Division refused to levy because the description failed CCP § 484.020(e).

Item 6 — Undertaking Amount

Item 6 fixes the plaintiff’s undertaking, which is the bond posted to protect the defendant from wrongful attachment damages. The default amount under CCP § 489.220 is $10,000 in limited civil and $10,000 for unlimited civil unless the court increases it on motion under CCP § 489.220(b).

The undertaking can be filed three ways under CCP § 995.710:

A bond from a corporate surety admitted by the California Department of Insurance.
A personal surety with two individuals each meeting net worth requirements under CCP § 995.510.
A cash deposit or cashier’s check in lieu of bond under CCP § 995.710(a)(1).

Bond premiums typically range from 1% to 3% of the bond amount per year. The consequence of failing to post is that the writ never issues.

Item 7 — Additional Orders

Item 7 leaves room for additional orders the court may make, such as turnover of specific property or stay conditions. This is where you write any tailored language the judge approved at the hearing. The consequence of leaving discretionary terms vague is that the levying officer will not enforce them.

A misconception is that the judge will draft Item 7 from the bench; in practice, plaintiff’s counsel drafts proposed language and submits it for signature.

Three Real-World Scenarios with Sample Entries

Below are three of the most common AT-105 fact patterns. Each shows how the form would look in practice, with named parties for clarity.

Scenario A — Bank Account Levy on a Corporate Defendant

Form Step	Sample Entry
Plaintiff	Apex Wholesale Distributors, Inc.
Defendant	Sunrise Café Group, LLC
Item 3 box checked	Limited Liability Company
Item 4 amount	$84,750.00 (principal $78,000, costs $1,250, fees $5,500)
Item 5 property	All corporate property subject to attachment
Item 6 undertaking	$10,000 corporate surety bond

Scenario B — Equipment Attachment on a Natural Person Sole Proprietor

Form Step	Sample Entry
Plaintiff	Mountain View Steel Co.
Defendant	David Okafor, dba Okafor Welding
Item 3 box checked	Natural person engaged in trade or business
Item 4 amount	$42,300.00
Item 5 property	Welding equipment, accounts receivable from welding business
Item 6 undertaking	$10,000 cash deposit

Scenario C — Ex Parte Attachment on Out-of-State Inventory

Form Step	Sample Entry
Plaintiff	Pacific Component Imports, LLC
Defendant	Ridgeline Hardware Corp.
Item 1 box checked	Ex parte under CCP § 485.010
Item 4 amount	$215,000.00
Item 5 property	All corporate property, including inventory in Long Beach warehouse
Item 6 undertaking	$15,000 increased bond

Mistakes to Avoid When Filling Out AT-105

The following are the seven most common errors that derail AT-105 filings. Each carries a concrete negative consequence under California law.

Listing a tort or consumer claim. Attachment is unavailable for personal-injury or consumer transactions, and the court will deny the application under CCP § 483.010(c).
Inflating the secured amount. Adding speculative damages triggers a probable-validity failure and possible CCP § 128.7 sanctions.
Vague property descriptions for individuals. Natural-person defendants require category-specific descriptions; a generic “all assets” entry voids the writ under CCP § 487.010.
Wrong entity checkbox. Mis-identifying an LLC as a corporation can let the defendant invalidate the levy through a third-party claim under CCP § 720.110.
Skipping the probable validity findings in Item 2. An unchecked finding is reversible error per Loeb & Loeb v. Beverly Glen Music.
Filing without the supporting application. AT-105 must travel with Form AT-105 Application, declarations, and a memorandum of points and authorities.
Posting the wrong undertaking. Using a non-admitted surety violates CCP § 995.311 and the bond is rejected by the clerk.

Do’s and Don’ts for AT-105

The following list distills the most important behaviors that separate a clean AT-105 filing from a disaster.

Do verify the defendant’s exact legal name on the Secretary of State’s business search before drafting, because mis-naming can void the writ.
Do calculate Item 4 with a sworn declaration showing each component, because the court must see how the number was derived.
Do match the property description in Item 5 to a category in CCP § 487.010, because non-statutory categories cannot be levied.
Do use a corporate surety listed by the California Department of Insurance, because non-admitted sureties are rejected.
Do serve the defendant with the application at least 16 court days before the hearing under CCP § 1005(b), because shorter notice is grounds for denial.
Don’t check both noticed and ex parte boxes in Item 1, because the order will be ambiguous and unenforceable.
Don’t include claims unrelated to the contract, because attachment is purpose-limited under CCP § 482.110.
Don’t omit the bond, because no writ issues without an undertaking under CCP § 489.210.
Don’t file in the wrong venue, because the California Courts venue rules control jurisdiction over the writ.
Don’t rely on telephone declarations alone, because attachment requires evidentiary declarations under CCP § 482.040.

Pros and Cons of Using AT-105

Below are the practical trade-offs creditors weigh before pursuing prejudgment attachment.

Pro — Asset preservation. AT-105 freezes property before judgment, preventing dissipation that the Uniform Voidable Transactions Act would otherwise have to chase.
Pro — Settlement leverage. Defendants often settle quickly when business accounts are levied because operational cash freezes.
Pro — Lien priority. The attachment lien dates from levy under CCP § 488.500, beating later judgment creditors.
Pro — Federal court availability. Through FRCP 64, AT-105 mechanics work in the Central, Northern, Eastern, and Southern Districts.
Pro — Cash deposit option. Plaintiffs without surety access can deposit cash under CCP § 995.710.
Con — Wrongful attachment exposure. If the plaintiff loses, damages plus attorney fees follow under CCP § 490.020.
Con — Bond cost. Premiums of 1% to 3% per year add up on large attachments.
Con — Procedural complexity. A defective AT-105 invites motions to quash, vacate, and increase undertaking under CCP § 485.240.
Con — Limited claim eligibility. Only contract claims of $500 or more qualify, excluding many disputes.
Con — Exemption fights. Defendants can exempt property under CCP § 487.020 and the Wage Garnishment Law.

Step-by-Step Filing Process

The filing sequence below assumes you are in California Superior Court, unlimited civil. Each step has a deadline and a failure consequence.

Draft the application package. Prepare Form AT-105 Application, Form AT-115 notice of hearing, declarations, and the proposed AT-105 order.
Reserve a hearing date. Use the court reservation system and confirm at least 16 court days plus 5 calendar days for mail service under CCP § 1005.
Serve the defendant. Personal service on the defendant of the entire package is required by CCP § 484.040.
File proof of service. File at least 5 court days before the hearing or the matter will be continued.
Attend the hearing. Bring a courtesy copy of AT-105 with proposed signature line and any modifications the judge may add.
Post the undertaking. File the bond on Form AT-150 within the time set by the court.
Submit AT-105 for signature. Lodge the proposed order and conform copies for the writ clerk.
Obtain Writ of Attachment. The clerk issues Form AT-135 once the bond is on file.
Deliver writ to levying officer. The county sheriff levies under CCP § 488.030.
Monitor exemptions and third-party claims. Respond to any Claim of Exemption (Form AT-155) within 10 days.

Recap of Key Court Rulings on AT-105

Three California decisions shape how courts read AT-105 today. The plain-English takeaways below help you anticipate judicial scrutiny.

In Vershbow v. Reiner (1991) 231 Cal.App.3d 879, the court reversed a writ because the plaintiff failed to satisfy the probable-validity standard with admissible evidence. The consequence is that hearsay declarations are not enough.

In Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, the court held that an attachment order must contain explicit findings on each statutory pillar. The consequence is that a missing checkbox in Item 2 is reversible error.

In Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, the court enforced strict compliance with property-description rules. The consequence is that vague AT-105 entries cannot be saved by post-hoc clarifications.

Key Entities Involved with AT-105

The following actors appear in every AT-105 filing. Knowing their roles avoids costly errors.

Judicial Council of California. Publishes and revises the form on the forms portal.
Superior Court clerk. Receives the filing, sets the hearing, and issues the writ.
Levying officer. Usually the county sheriff, such as the Los Angeles County Sheriff’s Civil Bureau or San Diego County Sheriff Civil Division.
Surety company. A corporate insurer admitted by the California Department of Insurance.
State Bar of California. Regulates attorneys filing AT-105 through the licensee directory.
Secretary of State. Confirms entity status through the bizfile portal.
Defendant. The party whose property is targeted, with rights to claim exemption or post a release bond.

Frequently Asked Questions

Is California Form AT-105 the same as Form AT-105 Application?

No. AT-105 is the proposed order signed by the judge, while the AT-105 Application is the moving paper that asks for the order. Both must be filed together for the writ to issue.

Can I file AT-105 without an attorney?

Yes. Self-represented plaintiffs may file under CCP § 484.010, but corporations cannot appear without counsel under California law.

Does AT-105 work in small claims court?

No. Small claims uses different post-judgment forms; prejudgment attachment is unavailable under CCP § 116.220.

Is a $10,000 bond always enough on AT-105?

No. The default is $10,000 under CCP § 489.220, but the court may increase it on the defendant’s motion based on the value of property attached.

Can AT-105 attach a defendant’s primary residence?

No. A natural person’s principal dwelling is not within the enumerated categories of CCP § 487.010, so it is exempt from prejudgment attachment.

Does AT-105 reach wages of an individual defendant?

No. Earnings are exempt from prejudgment attachment under CCP § 487.020(c), even though they can be garnished after judgment.

Is an ex parte AT-105 easier to obtain?

No. Ex parte requires a showing of great or irreparable injury under CCP § 485.010, which is a higher burden than a noticed motion.

Can a federal court sign Form AT-105?

Yes. Through FRCP 64, federal judges in California apply the Attachment Law and may sign AT-105 or an equivalent proposed order.

Does a defendant have a way to release the levy?

Yes. The defendant may post a release bond on Form AT-160 under CCP § 489.310 to free the property.

Is the AT-105 amount limited by the prayer in the complaint?

Yes. The amount in Item 4 cannot exceed the relief pleaded in the complaint under CCP § 482.110, and inflated requests are denied.

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