Alabama Affidavit as to Statement of Facts using Alternative

State:
Multi-State
Control #:
US-00598BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is an affidavit in which the affiant is swearing to facts using alternative allegations as to a person’s intent to defraud creditors.

How to fill out Affidavit As To Statement Of Facts Using Alternative?

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FAQ

P. 67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.

ARCP 64(a) makes available all statutory procedures for seizure of person or property except to the extent that these laws are invoked for the purpose of recovery of a security interest in personal property prior to judgment.

Stay of proceedings to enforce a judgment. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

Rule 5(a) thus requires all papers to be served on all parties to the action with the following exceptions: (1) orders and judgments not required by their terms to be served; (2) ex parte motions; (3) any pleadings, motions, notices, or other papers when the opposing party is in default for failure to appear, and no ...

Under Rule 64, a court may issue a writ or order for the seizure of property in order to secure the satisfaction of a judgment, to preserve the property, or for other reasons.

Upon mailing, the attorney or party shall immediately file with the court an "Affidavit of Certified Mailing of Process and Complaint." That affidavit shall verify that a filed copy of the process and complaint or other document to be served has been mailed by certified mail in ance with this rule.

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

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Alabama Affidavit as to Statement of Facts using Alternative