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.
