Florida Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

State:
Multi-State
Control #:
US-03320BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

A motion must include ? in a single document no longer than twenty-five pages inclusive of all parts ? a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.

It's similar to regular arrest warrants in the sense that both instruct police officers to arrest you immediately. However, it's different because a body attachment isn't necessarily linked with a criminal charge itself ? rather, it's directly tied to courtroom conduct breaches.

A writ of attachment may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent). In the event that the judge rules in favor of the debtor, the property will be returned unto them.

If the parent who owes child support does not appear in court, the court may issue an order of arrest (also called a Writ of Bodily Attachment) and the parent may be arrested and jailed.

Service of Process Resources A writ of attachment is commonly used by a plaintiff to secure a contingent lien on a defendant's property in the event that the plaintiff obtains a judgment against the defendant.

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 ...

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Florida Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment