Alabama Motion to Release Property from Levy upon Filing Bond

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Multi-State
Control #:
US-03319BG
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Word; 
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Description

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.

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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.

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.

Motion to Dismiss?Rule 12(b). A defendant may move to dismiss a complaint for a variety of reasons. Some common grounds for dismissal are lack of jurisdiction over the subject matter and failure to state a claim upon which relief may be granted. Sometimes a defendant files a motion to dismiss before filing an answer.

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.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

Stay of proceedings to enforce a judgment. Except as stated herein or as otherwise provided by statute or by order of the court for good cause shown, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry.

Rule 43(a) allows the parties, by agreement, to take testimony and to present evidence in any agreed manner, unless prohibited by the court.

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Alabama Motion to Release Property from Levy upon Filing Bond