A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
A motion to release property from levy upon filing bond is a legal document filed in the state of Alabama to request the court to release property that has been levied or seized by the government or any other creditor. The purpose of this motion is to allow the property owner to regain control and possession of the property by posting a bond that guarantees the payment of the debt or amount owed. Keywords: Alabama, motion to release property, levy, filing bond, creditor, property owner, possession, debt, payment. In Alabama, there are different types of motions to release property from levy upon filing bond, depending on the specific circumstances and nature of the property involved. Some different types may include: 1. Real Property Release Motion: This type of motion is used when the property in question is real estate, such as a house, land, or commercial property. Property owners can file this motion requesting the court to release the levied property upon filing a bond covering the debt or amount owed. 2. Personal Property Release Motion: If the property being levied is tangible personal property, such as vehicles, machinery, or equipment, a personal property release motion can be filed. This motion aims to secure the release of the property through the posting of a bond that guarantees the payment of the debt. 3. Financial Account Release Motion: In cases where a bank account or any other financial asset has been levied, a financial account release motion can be filed. This motion is used to request the court to release the funds in the account upon posting a bond that ensures the payment of the debt or amount owed. 4. Business Assets Release Motion: When a business's assets, such as inventory, equipment, or receivables, are levied, a business assets release motion can be filed. This motion seeks the court's permission to release the levied assets upon posting a bond that guarantees the payment of the debt. 5. Exempt Property Release Motion: In some situations, certain properties are exempt from levy, such as a homestead property or personal belongings protected by state law. An exempt property release motion can be filed to request the court to release the exempted property from levy upon filing a bond. In conclusion, an Alabama motion to release property from levy upon filing bond is a legal tool utilized to regain control and possession of levied property by posting a bond that guarantees payment of the debt. Different types of motion may exist depending on the nature of the property involved, including real property release motion, personal property release motion, financial account release motion, business assets release motion, and exempt property release motion.