Iowa 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 temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

624.37 Satisfaction of judgment ? penalty. If the motion relates to a lien of judgment as to specific property, the motion may be filed by a person with an interest in the property.

626.50 Duty to levy ? notice of ownership or exemption ? notice to defendant.

Iowa Code section 614.14(5)(b) states that an action based on an adverse claim that arises ?by reason of a transfer in real estate by a trustee, or purported trustee, shall not be maintained? more than one year after the trustee's deed is recorded.

Where any other than a general execution of the common form is required, the party must state in the pleading the facts entitling the party thereto, and the judgment may be entered in ance with the finding of the court or jury thereon.

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