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

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FAQ

Exception?Under section 2-1401(f), a party may file a motion to challenge the court's jurisdiction at any time, even more than two years after judgment is en- tered, and/or after title has vested.

Illinois law establishes a procedure for doing that?prejudgment attachment. Under that law, generally, a plaintiff with a claim for more than $20 may have a prejudgment attachment against the property of its debtor if the debtor is not a resident of Illinois. 735 ILCS 5/4-101(1).

Attachment. n. the seizing of money or property prior to getting a judgment in court, in contemplation that the plaintiff will win at trial (usually in simple cases of money owed) and will require the money or property to cover (satisfy) the judgment.

In 1969, the U.S. Supreme Court held that attachment orders, pretrial wage garnishments in particular, are a violation of constitutional due process when property is taken or secured without prior notice and a hearing, except in extraordinary circumstances. Sniadach v. Family Finance Corp.

?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.

Interest begins to accumulate on the date the action is filed and accrues at a 6% per annum rate on the entire judgment, minus any punitive damages, sanctions, or attorneys' fees.

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.

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