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

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Multi-State
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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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FAQ

A real estate attachment is where a creditor's lawyer asks the court for permission to put a lien or attach to your land or home. Sometimes the court will grant them without the creditor getting a judgment, but only in certain circumstances (e.g. for a mechanic's lien).

Description. A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.

Complying with California's lien procedures allows a creditor to obtain a lien on any real property owned by the debtor in the county in which it is recorded. The lien attaches to all real property in the debtor's name. See CCP § 697.310(a). The lien remains effective for 10 years.

§231-39 Additions to taxes for noncompliance or evasion; interest on underpayments and overpayments. (b) There shall be added to and become a part of the tax imposed by such tax or revenue law, and collected as such: (1) Failure to file tax return.

An attachment lienA judicial lien imposed to preserve property during litigation. is ordered against a person's property?real or personal?to prevent him from disposing of it during a lawsuit.

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. There are various types of attachments including garnishment, sequestration and replevin.

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."

Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment. Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof by liquidating the property and/or transferring assets outside the jurisdiction of US courts.

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