Maine Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

State:
Multi-State
Control #:
US-03320BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

In the case of the defendant's failure, the court will call for attachment of movable or immovable assets of the defendant. The court at the request and benefit of the decree-holder/creditor assigns or liens a specific property belonging to the debtor to be transferred to the creditor or sold.

Order 37 CPC guarantees that the defendant does not drag out the proceedings. The defendant in these instances can seek permission to defend if he possesses the necessary defence to demonstrate that his position is substantive in character; otherwise, the plaintiff has a stronger hand in the case.

The attachment of the property before judgement is covered under Order 38 rule 5 of the Civil Procedure Court, 1908. It is important to understand the leading cause for which a person is called for the attachment of property before judgement.

The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.

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Maine Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment