A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
Louisiana Motion to Release Property from Levy upon Filing Bond
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How to fill out Motion To Release Property From Levy Upon Filing Bond?
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FAQ
A seizure may be made under a writ of fieri facias only within one year from the date of its issuance. At the expiration of that time the sheriff shall make a return on the writ unless a seizure has been made within the time.
Art. 2782. A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.
A Writ of Fieri Facias (Fi. Fa.) is a court order commanding the Sheriff to collect a judgment by either getting the money or to levy and sell sufficient property of the person(s) named in the Fi. Fa. to satisfy your judgment.
What is a Writ of Fieri Facias? It's a written command issued by a Louisiana court to a sheriff to obtain the amount of a money judgment out of the property of a judgment debtor. ?Fieri Facias? means ?you should cause (it) to be done,? and in modern parlance the Writ is also referred to as the ?Writ of Execution.?
When one claims the ownership or right to possession of property, or a mortgage, security interest, lien, or privilege thereon, he may have the property seized under a writ of sequestration, if it is within the power of the defendant to conceal, dispose of, or waste the property or the revenues therefrom, or remove the ...
A party in whose favor a judgment of possession has been rendered may obtain from the clerk a writ of possession directing the sheriff to seize and deliver the property to him if it is movable property, or to compel the party in possession to vacate the property by use of force, if necessary, if it is immovable.
This writ authorizes the employer to withhold a portion of the debtor's wages and send it directly to the creditor. The creditor will need to serve the signed order and interrogatories on your employer. Once served, your employer then has 15 days to answer the interrogatories under oath and send it back to the court.
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.