Florida Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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US-02741BG
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Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

How to fill out Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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FAQ

§ 76.01. Any creditor may have an attachment at law against the goods and chattels, lands, and tenements of his or her debtor under the circumstances and in the manner hereinafter provided. RS 1635; GS 2099; RGS 3400; CGL 5253; s.

55.206 Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction. 55.207 Correction of judgment lien file. 55.208 Effect of prior liens on payment intangibles and accounts; effect of filed judgment lien on writs of execution previously delivered to a sheriff.

Section 83.20 provides a cause of action for removal of a commercial tenant under the following circumstances:The tenant continues in possession of the premises after expiration of the rental without the permission of the landlord;The tenant holds over without permission after default in the payment of rent provided ...

In Florida ?no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment.?18 In order to retain a lien for the maximum period of 20 years, the certified copy of the judgment must be recorded ...

The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.

Execution and Levy In Florida, a judgment creditor can seize personal property including (1) automobiles, (2) stock in private companies, and (3) valuable home possessions. This process is called execution and levy.

(1) At the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court an affidavit setting forth the name, social security number, if known, and last known post office address of the judgment debtor and of the judgment creditor.

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Florida Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached