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.
California 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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FAQ
The judge will give their decision or 'judgment' at the end of the hearing and briefly explain the reasons. If the case is decided without a hearing or one side doesn't attend, the court will send a copy of the judge's reasons to each side. If you win, the judge will order the defendant to pay you.
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.
If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.
The MC 012 is used to keep a running total of all costs, credits/payments, and interest accrued after. the final Entry of Judgment. Number 1. a) I claim the following costs after Judgment incurred within the last two years. 1) Complete if you filed an Abstract of Judgment (Form EJ-001).
States that the judge has made a decision in your Small Claims case. Get form SC-130.
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.