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.
A California Motion to Release Property from Levy upon Filing Bond is a legal request made by a taxpayer to release their property from a levy imposed by the California Franchise Tax Board (FT) or other tax authorities. This motion is based on filing a bond with the appropriate court or agency. When a taxpayer owes a delinquent tax debt, the California FT may resort to enforcing a levy on the taxpayer's property, including bank accounts, wages, or personal assets. However, taxpayers have the option to file a Motion to Release Property from Levy upon Filing Bond, which can temporarily suspend the levy and allow the taxpayer access to their property. By filing this motion, taxpayers effectively request the court or agency to accept a bond as collateral for the tax debt, instead of enforcing the levy. The bond acts as a guarantee to the tax authorities that the debt will be paid, thus providing an alternative means for the taxpayer to secure the release of the levied property. Keywords: California, Motion to Release Property, Levy upon Filing Bond, California Franchise Tax Board, taxpayer, delinquent tax debt, bank accounts, wages, personal assets, legal request, collateral, alternative means, tax authorities. Different types of Motions to Release Property from Levy upon Filing Bond in California may include: 1. Individual Taxpayer Motion: This motion is filed by individual taxpayers seeking to release their property from a levy imposed by tax authorities due to delinquent tax debt. 2. Business Taxpayer Motion: Businesses facing a levy on their assets can file this motion to secure the release of their property by filing an appropriate bond with the relevant court or agency. 3. Real Estate Motion: In cases where the tax authorities intend to impose a levy on real estate properties, taxpayers can file a motion specific to real estate assets, proposing a bond to release the property from the levy. 4. Wage Garnishment Motion: If a taxpayer's wages are being levied, they can file a motion specifically targeting the release of their wages, backed by a bond. 5. Bank Account Levy Motion: In situations where a taxpayer's bank accounts are being levied, they can file a motion focused on releasing the funds in the accounts, upon filing an acceptable bond. It is important to consult with a qualified tax professional or attorney when considering the filing of a California Motion to Release Property from Levy upon Filing Bond, as the process and requirements may vary depending on the specific circumstances of each case.
