Ohio Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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Multi-State
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US-02741BG
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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.

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FAQ

A motion for judgment on the pleadings is limited to the pleadings and can be granted when the court, after construing the pleadings most favorably to the nonmoving party, finds beyond doubt that the nonmoving party could prove no set of facts in support of a claim for relief.

If the judgment debtor fails to pay, the judgment creditor may request that the court seize the debtor's property, sell it, and collect the judgment from the proceeds.

The writ of execution against the property of a judgment debtor issuing from a court of record shall command the officer to whom it is directed to levy on the goods and chattels of the debtor.

The Praecipe for Writ of Restitution is a document in which you ask the Court for assistance in removing the Defendant(s) and their belongings from the premises. After proper service and time for answer, by the Defendant(s), you may request a hearing on your second cause of action.

The general procedure for obtaining a writ of possession is the new owner would file for one after receiving the sheriff's deed to the property. The sheriff generally gives the former owner/occupant 10-14 days to move out of the home which can be extended to 30 days if hardship is shown and accepted.

Terms: Execution of Judgment: Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.

A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money.

Section 2333.09 | Order for examination of a judgment debtor. A judgment creditor shall be entitled to an order for the examination of a judgment debtor concerning his property, income, or other means of satisfying the judgment upon proof by affidavit that such judgment is unpaid in whole or in part.

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Ohio Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached