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.
Indiana Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed in Indiana when a property has been levied or seized by the court due to an attachment proceeding, but the amount collected exceeds the actual debt owed. This motion is used to request the court to release the excess property from the levy. Keywords: Indiana, motion, release of property, levy, attachment proceeding, excess amount, filed, court, debt owed, request, release. Types of Indiana Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached: 1. Excess Property Motion: This type of motion is filed when there is a clear excess amount collected from the attachment proceeding, and the petitioner requests the court to release the specific property exceeding the debt owed. 2. Exemption Claim Motion: In certain cases, the property that has been levied may be exempt from seizure under Indiana law. This motion is used to request the court to release the property from the levy based on applicable exemptions, even if the amount collected exceeds the debt owed. 3. Release of Additional Property Motion: Sometimes, during the attachment proceeding, the court may have inadvertently levied additional property that was not intended to be seized. This motion is filed to release the extra property, which surpasses the necessary amount to satisfy the debt. 4. Release of Partially Attached Property Motion: If only a portion of the property has been rightfully levied, but the amount collected exceeds the debt owed, this motion is used to request the court to release the excess portion of the property and only maintain the necessary part for satisfying the debt. 5. Revaluation Motion: In case there is a dispute regarding the valuation of the seized property, this motion can be filed to request the court to revalue the property and potentially release the excess amount based on a more accurate assessment. Remember, the motion's specific requirements, filing process, and necessary supporting documents may vary based on the circumstances and Indiana jurisdiction. It is always recommended consulting with a qualified attorney or legal professional to ensure the accuracy and proper handling of the Indiana Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached.
