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California Order To Set Aside Attachment To Substitute Undertaking...

California Order To Set Aside Attachment To Substitute Undertaking (Attachment)

Name: California Order To Set Aside Attachment To Substitute Undertaking (Attachment)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (432 reviews)

Category:

California Federal - USDC Central - Civil

State:

California

Control #:

CA-SKU-5879

Format:

Instant download

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Description

Order To Set Aside Attachment To Substitute Undertaking (Attachment) The California Order To Set Aside Attachment To Substitute Undertaking (Attachment) is a document used in civil court proceedings in California. It is used to substitute an existing attachment with a new undertaking, such as a bond, cash deposit, real estate, personal property, or other security. The order to set aside the attachment is typically issued by a judge or other court official and can be used to protect the property of a defendant or plaintiff in a lawsuit. There are three main types of California Order To Set Aside Attachment To Substitute Undertaking (Attachment): 1) Bond Attachment, 2) Cash Deposit Attachment, and 3) Real Estate Attachment. Each type of attachment has its own set of specific requirements and is subject to the rules and regulations of the court. Depending on the circumstances of the case, the court may require a defendant or plaintiff to provide additional security in the form of an undertaking in order to protect their property. It is important to note that the California Order To Set Aside Attachment To Substitute Undertaking (Attachment) must be properly filled out and signed in order to be considered valid.

The California Order To Set Aside Attachment To Substitute Undertaking (Attachment) is a document used in civil court proceedings in California. It is used to substitute an existing attachment with a new undertaking, such as a bond, cash deposit, real estate, personal property, or other security. The order to set aside the attachment is typically issued by a judge or other court official and can be used to protect the property of a defendant or plaintiff in a lawsuit. There are three main types of California Order To Set Aside Attachment To Substitute Undertaking (Attachment): 1) Bond Attachment, 2) Cash Deposit Attachment, and 3) Real Estate Attachment. Each type of attachment has its own set of specific requirements and is subject to the rules and regulations of the court. Depending on the circumstances of the case, the court may require a defendant or plaintiff to provide additional security in the form of an undertaking in order to protect their property. It is important to note that the California Order To Set Aside Attachment To Substitute Undertaking (Attachment) must be properly filled out and signed in order to be considered valid.

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FAQ

Attachment is a statutory remedy, found at California Code of Civil Procedure 483.010, which enables commercial lenders to create a judicial lien on a debtor's attachable assets located in California at the outset of litigation, preserving the attached assets to collect against once the litigation is concluded in the

What Are the Qualifications for a Prejudgment Writ of Attachment? Civil Action Worth at Least $500.The Debt Cannot Be Secured.Debt Must Arise Out of Trade, Business, or Profession.Creditor Must Prove Their Right to Attachment.Giving Proper Notice for the Prejudgment Hearing.

How to ask to cancel the judge's decision Fill out the Notice. Fill out a Notice of Motion to Vacate Judgment and Declaration (form SC-135)Make copies. Make 2 copies of the Notice. File the Notice and pay the filing fee. Give the original and the 2 copies to the court clerk.Go to your new court date.

One way to defeat the writ of attachment proceeding in a breach of contract action is to demonstrate to the Court that the terms of the contract themselves are ambiguous, and can only be determined through discovery in a case, and possibly through a factual determination by a jury.

In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. For example, clerical errors, like a misreading of the filing date, have been considered excusable.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

Examples of mistake, inadvertence, surprise, or excusable neglect include: ? Illness of defendant. Attorney's abandonment of client. Fraud of the plaintiff.

CCP Section 473 permits the trial court to 'relieve a partyfrom a judgment, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.

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(2) property (describe):. APPLICATION AND NOTICE OF HEARING FOR ORDER to Set Aside Right to Attach Order, Quash Writ of Attachment, and.Release Attached Property. Order to Set Aside Attachment, to Substitute Undertaking, etc. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. AT-175, ORDER TO SET ASIDE ATTACHMENT, TO SUBSTITUTE UNDERTAKING, ETC. Unless such undertaking is filed within 10 days after such order, the attachment shall be set aside and the property released therefrom. An order of attachment may be obtained on an ex parte basis (without notice to defendant being attached). Attachments; PROVISIONAL AND FINAL REMEDIES; Rule 48.

California Order To Set Aside Attachment To Substitute Undertaking (Attachment)

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