New York Motion to Release Property from Levy upon Filing Bond

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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 New York Motion to Release Property from Levy upon Filing Bond is a legal document filed in the state of New York to request the release of property that has been subjected to a levy, upon the filing of a bond. This motion is often filed by individuals or businesses who seek to prevent the seizure or sale of their property by a judgment creditor. When a judgment creditor obtains a judgment against a debtor, they may try to enforce it by levying the debtor's property, such as bank accounts, real estate, or personal assets. However, under New York law, a debtor has the right to file a motion to release the property from levy if they can provide adequate security in the form of a bond. The purpose of the bond is to compensate the judgment creditor in case the court ultimately decides in their favor, and the property needs to be sold to satisfy the judgment. By filing this motion, the debtor is essentially offering an alternative form of security, allowing them to retain possession of their property while the lawsuit or legal process unfolds. There are several types of New York Motion to Release Property from Levy upon Filing Bond, depending on the specific circumstances and the nature of the property involved. Some common types include: 1. Bank Account Release: This type of motion is filed when the judgment creditor has levied the debtor's bank account. By filing a bond, the debtor seeks to have the funds released back into their control to avoid financial hardship or disruption of business operations. 2. Real Estate Release: If a judgment creditor has placed a levy on the debtor's real estate, the debtor can file a motion accompanied by a bond to release the property from the levy. This allows the debtor to maintain possession and control of their property until the legal dispute is resolved. 3. Personal Property Release: In situations where the debtor's personal assets, such as vehicles or valuable items, have been levied, a motion can be filed to release the property upon the posting of a bond. This ensures that the debtor can continue using or disposing of their personal property without any interruption due to the levy. 4. Wage Garnishment Release: If a judgment creditor has started garnishing the debtor's wages, the debtor can file a motion with a bond to halt the wage garnishment. By providing a bond amount equal to the outstanding judgment, the debtor can request the release of their wages and maintain their income stream during the legal proceedings. In summary, a New York Motion to Release Property from Levy upon Filing Bond is a legal remedy available to debtors in New York to protect their property from being seized or sold by a judgment creditor. It provides an opportunity for debtors to retain ownership and possession of their property by offering an alternate form of security in the form of a bond. Various types of motions can be filed based on the specific property subject to levy, such as bank accounts, real estate, personal assets, or wages.

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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.

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Where an order is obtained ex parte (except one based upon CPLR § 6201(1)), it must provide that the applicant, within five days after levy on the property, ... Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid. (b) Upon Posting ...Sheriff's Office must file an inventory of the property seized, an estimate of the value of all property levied upon and the names and addresses of all persons. If the judge approves the motion and sets another date for a hearing, you must wait another 30 days from the date of the new judgment to collect. Jul 12, 2021 — Release of levies and return of levied property. The Tax Commissioner may authorize the release of a levy or return seized property to you if:. Apr 6, 2015 — Thus, a certified copy of the abstract of judgment should be filed in the appropriate location(s) where real property of the judgment debtor is ... Apr 24, 2013 — Any person with an interest in the property levied upon may make a motion for a vacatur or modification of the order of attachment.3. An ... If a supersedes bond is posted you must wait until the appeal is decided before attempting to collect on the judgment. Garnishments. A garnishment allows the ... Jul 1, 2023 — to be served within 90 days after filing the petition, the court, upon motion or its own initiative after notice to the party filing the ... Located at. Case No. City/County. Court Address. MOTION FOR RELEASE OF PROPERTY FROM LEVY/GARNISHMENT ... The Debtor asks for release from levy of the property ...

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New York Motion to Release Property from Levy upon Filing Bond