Arkansas Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

State:
Multi-State
Control #:
US-03320BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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The summons shall be styled in the name of the court and shall be dated and signed by the clerk; be under the seal of the court; contain the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the address of the plaintiff; and the time within ...

To start an action, you must fill out a Complaint Form, which you can acquire at the District Court. This form explains whom you are suing, for how much money, and why you are claiming the money. You must bring the completed form to the Court Clerk's office or fill it out while at the Court.

Every person appearing shall enter his/her appearance by stating his/her name and address. Thereafter, such person shall be deemed a party of record. All participants in the hearing shall have the right to be represented by an attorney licensed to practice law in the State of Arkansas.

An appearance notice and a summons tell a person they must appear in court to respond to a criminal charge.

The clerk's office will file your in forma pauperis petition at no cost to you, but will not open a case at this point. If the judge finds that you cannot afford court costs and that you have a valid case, the judge will sign an order allowing you to move forward with your case without court fees.

Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.

If service of the summons is not made upon a defendant within one hundred twenty (120) days after the filing of the complaint, the action may be dismissed as to that defendant without prejudice upon motion or upon the court's initiative.

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Arkansas Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment