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.
A Massachusetts Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed in Massachusetts courts by a party seeking the return of property that has been levied or attached by a creditor, when the amount attached exceeds the amount owed. There are different types of Massachusetts Motions for Release of Property from Levy in Attachment Proceeding due to excess amount attached, depending on the specific circumstances and property involved. These may include: 1. Real property motion: This motion is used when real estate or land has been levied or attached. It seeks the release of the property from the levy or attachment due to the excess amount being attached. 2. Personal property motion: This type of motion is filed when personal belongings, such as vehicles, electronic equipment, or valuable assets, have been levied or attached. It aims to have the property released from the levy or attachment due to the excess amount attached. 3. Bank account motion: If a creditor has levied or attached funds in a bank account, this motion can be filed to request the release of the excess amount from the levy. It focuses specifically on the return of funds. 4. Wage or salary motion: In cases where a creditor has garnished wages or salary to satisfy a debt, this motion can be used to have the excess amount released. It seeks the return of the excess wages or salary that have been levied or attached. When preparing a Massachusetts Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, it is crucial to include relevant information such as the names of the parties involved, the specific property levied or attached, the amount outstanding, and the grounds for requesting the release due to excess attachment. It is recommended to consult an attorney specializing in Massachusetts law to ensure all legal requirements and procedures are followed accurately.
