Georgia 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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Description

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

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FAQ

The most common method is by a noticed hearing. The creditor must serve the notice of hearing and application for a writ of attachment on the debtor at least 16 days before the date set for the hearing and the debtor's notice of opposition must be filed and served at least five days before the hearing.

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.

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 ...

Courts often attach debtors' property to help pay their creditors, either by directly transferring the property to the creditors, or by selling it and giving the creditors the proceeds. See: Debtor and Creditor Law. Quasi in rem subtype 2 jurisdiction is sometimes called "attachment jurisdiction."

A writ of body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. The process may also be called an order of commitment for civil contempt or a warrant for civil arrest.

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.

Notice of Application and Hearing for Right to Attach Order and Writ of Attachment (AT-115) Tells a party being sued (the defendant) that the party who is suing (the plaintiff) is asking the court for a right to attach order and writ of attachment.

An ex parte writ of attachment in California requires filing an application on an ex parte basis on the grounds that under the circumstances of the case it may be inferred that there is a danger that the property sought to be attached would be concealed, substantially impaired in value, or otherwise made unavailable to ...

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