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.
New Hampshire Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached In New Hampshire, under certain circumstances, individuals or entities may find themselves in a situation where their property has been subject to a levy in an attachment proceeding. When the amount attached to their property exceeds what is owed, they have the option to file a Motion for Release of Property from Levy to reclaim their assets. This legal process allows them to seek the return of their property, eliminating the excess amount attached to it. There are different types of New Hampshire Motions for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, depending on the nature of the attachment proceeding. Some common types include: 1. Motion for Release of Real Estate: If a property, such as a house or land, has been levied upon with an excessive amount attached, the property owner can file a motion specifically addressing the release of the real estate from the levy. 2. Motion for Release of Motor Vehicle: In cases where a motor vehicle has been subjected to attachment and the amount attached exceeds what is owed, the owner can file a motion seeking the release of their vehicle from the levy. 3. Motion for Release of Personal Property: When personal possessions, such as jewelry, electronics, or other valuables, have been levied upon, individuals can file a motion to release their general personal property. Regardless of the specific type of motion, there are certain key elements that need to be included for it to be effective. These may include: 1. Identification: Providing detailed information about the property being levied upon, such as its address, make and model for vehicles, or detailed descriptions for personal property. 2. Excess Amount Calculation: Demonstrating through detailed calculations that the amount attached to the property exceeds what is owed or requested by the court. 3. Supporting Documentation: Including any relevant documents, such as previous payment records, invoices, or appraisals, to substantiate the value of the property and establish the excessive amount attached. 4. Legal Arguments: Presenting persuasive arguments, supported by applicable laws and regulations, indicating why the court should grant the motion and release the property from the excessive levy. 5. Relief Request: Clearly stating the desired outcome of the motion, typically requesting the return of the property to its rightful owner and the removal of the excess amount attached. It is crucial to consult with a knowledgeable attorney who specializes in attachment proceedings and the specific area of law involved when preparing a Motion for Release of Property from Levy. They can provide guidance on the relevant keywords and ensure that all necessary requirements and procedures are properly addressed. In conclusion, a Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal tool available to individuals or entities in New Hampshire to reclaim property that has been subjected to attachment with an excessive amount attached. By following the appropriate legal process and providing persuasive arguments and evidence, individuals can seek the return of their property while eliminating the excess amount levied against it.
