• US Legal Forms

Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

State:
Multi-State
Control #:
US-02741BG
Format:
Word; 
Rich Text
Instant download

Description

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.

The Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed with the court to request the release of a property that has been seized or levied upon by a creditor during an attachment proceeding. This motion seeks to release the property due to the creditor allegedly attaching an excessive amount. In Missouri, there are different types of motions for release of property from levy in attachment proceedings due to an excess amount attached. These types can include: 1. Missouri Motion for Release of Real Property from Levy in Attachment Proceeding Due to Excess Amount Attached: This motion specifically pertains to the release of real property, such as land or buildings, that has been seized or levied upon by a creditor. 2. Missouri Motion for Release of Personal Property from Levy in Attachment Proceeding Due to Excess Amount Attached: This motion focuses on the release of personal property, including but not limited to vehicles, jewelry, artwork, or other possessions that have been seized or levied upon. 3. Missouri Motion for Release of Bank Account from Levy in Attachment Proceeding Due to Excess Amount Attached: This type of motion is specifically designed for requesting the release of bank accounts that have been levied upon by a creditor and allegedly attached with an excessive amount. In any of these scenarios, the motion for release of property from levy in attachment proceeding due to an excess amount attached is typically filed by the debtor or their attorney. The motion should outline the details of the attachment proceeding, including the specific property seized or levied upon, the alleged excessive amount of attachment, and the legal grounds for requesting the release of the property. Keywords: Missouri, Motion, Release of Property, Levy, Attachment Proceeding, Excess Amount Attached, Real Property, Personal Property, Bank Account, Debtor, Attorney, Seized, Creditor.

Free preview
  • Form preview
  • Form preview
  • Form preview

How to fill out Missouri Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

Have you been within a situation the place you need to have papers for both organization or individual uses nearly every day? There are a lot of authorized record themes available on the Internet, but discovering versions you can trust is not effortless. US Legal Forms delivers thousands of kind themes, just like the Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, which can be published in order to meet federal and state needs.

When you are already informed about US Legal Forms internet site and have an account, just log in. Afterward, you are able to acquire the Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached template.

If you do not provide an bank account and want to start using US Legal Forms, abide by these steps:

  1. Obtain the kind you need and make sure it is for that right town/region.
  2. Take advantage of the Preview switch to analyze the shape.
  3. Read the description to ensure that you have chosen the appropriate kind.
  4. In the event the kind is not what you are seeking, use the Search industry to discover the kind that meets your needs and needs.
  5. If you find the right kind, click on Acquire now.
  6. Opt for the costs program you would like, fill out the specified information to create your account, and pay money for the order with your PayPal or bank card.
  7. Decide on a handy paper structure and acquire your duplicate.

Discover all of the record themes you may have bought in the My Forms food selection. You can obtain a further duplicate of Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached whenever, if necessary. Just go through the required kind to acquire or produce the record template.

Use US Legal Forms, one of the most substantial assortment of authorized varieties, to conserve some time and stay away from errors. The support delivers professionally manufactured authorized record themes that you can use for a selection of uses. Create an account on US Legal Forms and start making your life easier.

Form popularity

FAQ

?The action of replevin may be maintained to recover any goods or chattels in which the plaintiff has a general or special property interest with a right to immediate possession and which are wrongfully detained from him in any manner, together with the damages for such wrongful detention.? Conn. Gen. Stat.

Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit.

Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.

If a court order has been issued against you, the landlord will then request a writ of execution of the eviction. Once the Court issues the writ of execution, the Sheriff's Department may move forward with the eviction. The Sheriff's Department will post a Notice of Eviction on the premises (property).

Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit.

Replevin (/r??pl?v?n/) or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

A motion to set aside a default judgment is an ?independent action?, which means the judge's decision granting or denying the motion must be entered as a separate judgment. The parties then generally have thirty days from the date on which that judgment is entered to appeal it.

Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.

Interesting Questions

More info

Dec 23, 2015 — (b) The judgment debtor may claim any exemption by filing a verified request with the levying officer within 20 days after notice of the levy. This includes small claims cases. Attachment: A process of seizing property; a person upon the authority of a court order.A.3 Amount to be released. For purposes of this chapter, the amount to be released means the value of the property at the time of settlement that a claimant ... Execute pre and post judgment orders and writs i.e. order of delivery (replevins), writ of attachment, restitution (eviction), levy by actual seizure of ... When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked “Attachment Before Judgment on Real ... Jul 1, 2023 — The officer shall levy on such property of the judgment debtor as is likely to bring the exact amount, as nearly as practicable. The officer ... If an excessive or unreasonable attachment is made, the debtor may submit a motion to the court for a reduction of the amount of the attachment or its ... magistrate reviewing the petition. If a property bond is tendered, the bond amount must not exceed the net equity in the property. The plaintiff should be. at-issue memorandum: A legal paper filed in a civil case that says the case is ready to go to trial. (See memorandum to set.) attachment: (1) Document attached ... The following procedures shall apply to a claim by the defendant or the defendant's representative that property levied upon is exempt and to any claim by a ...

Trusted and secure by over 3 million people of the world’s leading companies

Missouri Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached