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Louisiana Motion and Order to Dismiss Charges and Recall Attachment

State:
Louisiana
Control #:
LA-204-M
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a motion of the defense outlining the facts of the defendant’s case and requesting that a previously-issued attachment be recalled and that criminal charges against him be dismissed. An order granting the motion is included.
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FAQ

Form FL-300, Request for Order, is the basic form you need to file with the court. Depending on your request, you may need these additional forms: When specific Judicial Council forms must be used to ask the court for orders.

An attachment is a court order seizing specific property. 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.

Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.

Write clearly, and use your own words. Use bulleted lists for your major points. Don't insult or bash your ex. Attach evidence such as pay stubs or bank statements, but redact SSN and account numbers. Affirm that you are making your statement under oath, and under penalty of perjury.

Orders passed in garnishee proceedings are appealable as Decrees. Income Tax Authorities Issue Attachment Orders in terms of Section 226(3) of Income Tax Act, 1961. On receipt of this order, banker is required to remit the desired amount to income tax authorities.

A request for order, or RFO, is the act of formally asking a judge to make orders in a legal matter. If the judge issues the requested orders the orders become enforceable by the court's contempt power.The term OSC is still used in some courts, such as criminal court, but family court now uses the synonym RFO.

A right to attach order will issue if the plaintiff can demonstrate that his or her claim is one on which an attachment may issue, and that the attachment is not sought for any purpose other than the recovery of a subsequent judgment.Attachment may be sought against both individuals and corporations.

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

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Louisiana Motion and Order to Dismiss Charges and Recall Attachment