Motion To Release Attached Property With No Money Down

State:
Multi-State
Control #:
US-02741BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Release Attached Property with No Money Down is a legal form used by defendants to request the release of property that has been seized via a writ of attachment. The defendant, through their attorney, asserts that the value of the confiscated property exceeds the claim amount necessary to secure the plaintiff's interests, including interest and costs. This motion is supported by an affidavit that provides further evidence of the value of the property. The form outlines the necessary parties, including the plaintiff and defendant, and requires detailed information about the court and dates of the attachment. Completing this form involves filling in specific details such as names, dates, and signatures. It serves legal professionals—including attorneys, partners, owners, associates, paralegals, and legal assistants—by providing a structured method to challenge property seizures while maintaining a clear record of filings and communications. Additionally, it ensures compliance with court procedures, enabling the defendant to potentially regain control of their property without the immediate financial burden of securing a bond or payments. This form is particularly useful in cases where property values significantly exceed outstanding claims, thereby promoting fairness in legal proceedings.
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  • Preview Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached
  • Preview Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached
  • Preview Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

How to fill out Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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FAQ

Attachment is used in law referring to the action of seizing property on predicting a favourable judgment for a plaintiff who claims to have lent money to the defendant. Attachment is an initial procedure where the property is captured before a final judgment is delivered.

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

The plaintiff's attorney or the plaintiff (if the plaintiff doesn't have an attorney) must sign and date the Sheriff's instructions. The Writ of Attachment expires 60 days after receipt by the Sheriff.

Exempt property includes most of what you need to live: Household items, up to $30,000 for a single person and $60,000 for a family. Vehicles, one for each licensed driver in the house. Your homestead, up to 10 acres urban property (single or family) and up to 100 acres rural (single) and 200 acres (family).

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Motion To Release Attached Property With No Money Down