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 North Dakota Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document filed in the state of North Dakota to request the release of property that has been levied and attached due to an excess amount being mistakenly or unlawfully seized. This motion is commonly used in cases where a creditor has obtained a court order allowing them to attach and seize property of the debtor in order to satisfy a debt. However, if the amount of property seized exceeds the amount owed, it is crucial for the debtor to file a motion to release the excess property. The keywords relevant to this topic include North Dakota, motion, release of property, levy, attachment proceeding, excess amount attached, creditor, debtor, court order, and debt. There may be variations or specific types of this motion depending on the circumstances. Some of these variations could include: 1. North Dakota Motion for Release of Real Estate from Levy: This motion specifically pertains to the release of real estate property that has been attached and seized. 2. North Dakota Motion for Release of Personal Property from Levy: This motion focuses on the release of personal property, such as vehicles, furniture, or valuables, that have been levied and attached by a creditor. 3. North Dakota Motion for Release of Bank Account Funds from Levy: This type of motion pertains to the release of funds that have been seized from a debtor's bank account. 4. North Dakota Motion for Release of Wages from Levy: This motion specifically requests the release of wages that have been garnished or seized from the debtor's paycheck. Each type of North Dakota Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached has its own set of requirements and procedures, but they all serve the purpose of seeking the return of property that has been wrongly or excessively seized.
