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.
Arizona Motion to Release Property from Levy upon Filing Bond
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How to fill out Motion To Release Property From Levy Upon Filing Bond?
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A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.
At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property ...
Statute of Limitations on Debt in Arizona Debt TypeDeadlineAuto Loan6 yearsMortgage6 yearsPersonal Loan6 yearsJudgment10 years4 more rows ?
Main definition. Writ of restitution. An enforcement order of an eviction . After a specified period of time if a tenant who has been evicted stays on the property a writ of restitution allows a sheriff or constable to remove the tenant from the property and allows the landlord to change the locks on the residence.
A default judgment entered under Rule 55(b)(1) may include an award of reasonable attorney's fees if the claim states a specific sum of attorney's fees that will be sought if judgment is rendered by default, and: (i) the amount of the award is supported by affidavit; (ii) the award is allowed by law; and (iii) the ...
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
?Replevin? is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.
A Replevin Bond in California may be the only legal action available to a plaintiff in order to levy property before a judgment is made. In order to take this action, California state law requires a plaintiff secure a replevin bond to cover the value of the property, as well as court costs.