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.
New York Motion to Release Property from Levy upon Filing Bond
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How to fill out Motion To Release Property From Levy Upon Filing Bond?
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FAQ
Article 52 of the CPLR addresses the enforcement of money judgments. In the most simplistic terms, Article 52 addresses the property of a judgment debtor that is subject to enforcement and the various tools available to a judgment creditor to enforce a money judgment.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
ORDERS TO SHOW CAUSE; EX PARTE ORDERS No order to show cause shall be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why proceeding other than by notice of motion is necessary. The affidavit also must state whether a previous application for similar relief has been made.
Consider the following five approaches: Show that the motion fails to list the specific facts and law supporting summary judgment. ... Show that a dispute exists on a material fact. ... Show that the law does not support judgment on the undisputed facts.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
1 A motion to dismiss may also be used when a Defendant claims that the court has no jurisdiction over him or her by virtue of some impropriety in the service of process, because the action was not commenced on time, or for other reasons.
It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030 which can be found at , present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of Page 3 3 | Page SDCPLL ...
To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.