California Legislature Enacts SB611, Providing Additional Remedies to Plaintiffs Filing Claims for Financial Elder Abuse
(July 12, 2007)
Pursuant to newly-enacted California Welfare & Institutions Code section 15657.01, beginning in 2008 California’s “Attachment Law” will be expanded to permit the use of prejudgment attachments in cases involving financial elder abuse.
Specifically, an elder or dependent adult with claims for financial abuse will be able to request an attachment lien be placed on the assets of the alleged wrongdoer (defendant), so long as the case is shown to have sufficient merit (and the plaintiff posts a bond).
The availability of attachment liens to elders or their representatives hopefully will prove to be a very useful safeguard when dealing with defendants who endeavor to ‘take the money and run.’
The text of the new law is as follows:
California Welfare & Institutions Code § 15657.01
Notwithstanding Section 483.010 of the Code of Civil Procedure, an attachment may be issued in any action for damages pursuant to Section 15657.5 for financial abuse of an elder or dependent adult, as defined in Section 15610.30. The other provisions of the Code of Civil Procedure not inconsistent with this article shall govern the issuance of an attachment pursuant to this section. In an application for a writ of attachment, the claimant shall refer to this section. An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.