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

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Multi-State
Control #:
US-02741BG
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Word; 
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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.

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

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FAQ

Rule 803 provides that the hearsay rule does not exclude certain kinds of statements regardless of whether the declarant is available to testify. The rule explicitly does not state that the exceptions therein are admissible.

This rule prohibits evidence of subsequent repairs to be introduced for the purpose of proving negligence or liability, including products liability. However, it may be admitted into evidence for another purpose.

Rule 702 permits an expert to testify by giving an opinion or any other form of testimony, such as an exposition. Rule 702 seeks to encourage the use of expert testimony in non-opinion form when counsel believes the trier can draw the requisite inference. The rule, however, does not abolish the use of opinions.

Under Rule 408 statements of admission facts made in negotiations are excluded from evidence. In Mississippi, an admission made in a settlement negotiation has been admissible against the declarant.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

This rule as reported makes evidence of settlement or attempted settlement of a disputed claim inadmissible when offered as an admission of liability or the amount of liability. The purpose of this rule is to encourage settlements which would be discouraged if such evi- dence were admissible.

Rule 404 - Character Evidence; Crimes or Other Acts (a) Character Evidence. (1)Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

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