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.
A Montana Motion to Release Property from Levy upon Filing Bond is a legal document filed in the state of Montana that allows individuals or businesses to request the release of their property, which has been placed under a levy due to a tax debt or judgment. This motion can be filed when the property in question is worth more than the debt owed, and the taxpayer wants to prevent the sale or seizure of the property. There are different types of Montana Motions to Release Property from Levy upon Filing Bond, and they may vary based on the specific circumstances of the case. Here are some key variations: 1. Montana Motion to Release Real Property from Levy upon Filing Bond: This type of motion is used when the property being levied upon is real estate, such as a house, land, or commercial property. The taxpayer can file a bond, which is a financial guarantee, to secure the release of their property from the levy. 2. Montana Motion to Release Personal Property from Levy upon Filing Bond: This variation applies when the property being levied upon is tangible assets like vehicles, equipment, inventory, or other valuable personal belongings. By filing a bond, the taxpayer seeks the release of their personal property from the levy. 3. Montana Motion to Release Bank Account from Levy upon Filing Bond: In some cases, the government may place a levy on a taxpayer's bank account to collect a debt. If the taxpayer believes that the amount of money in the account exceeds the debt owed, they can file a bond to request the release of their bank account funds. It's essential to understand that filing a bond does not eliminate the debt; rather, it acts as a guarantee that the debt will be paid if the court determines the taxpayer is liable. In Montana, the process of filing a motion to release property from levy upon filing bond should follow specific legal procedures, and it's advised to seek legal counsel or consult the appropriate statutes and regulations.
