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.
Oregon Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal document that allows individuals to request the court to release their property from levy in an attachment proceeding, as the amount attached exceeds the actual debt owed. This motion is intended to protect the rights of property owners and ensure that their assets are not disproportionately seized. In Oregon, there are several types of motions for release of property from levy in attachment proceedings due to excess amount attached, such as: 1. Oregon Motion for Release of Real Property from Levy: This motion applies specifically to real estate properties that have been levied upon by the court. Property owners can file this motion to release their real estate from the attachment proceeding if the amount attached exceeds the outstanding debt. 2. Oregon Motion for Release of Personal Property from Levy: Individuals who have their personal belongings, such as vehicles, furniture, or other valuable assets, levied upon by the court can file this motion. It requests the court to release the personal property due to an excess amount attached. 3. Oregon Motion for Release of Bank Accounts from Levy: If an individual's bank accounts have been levied upon in an attachment proceeding, they can file this motion to release the funds held in the account. The motion argues that the amount attached is in excess of what is owed, and thus, requests the release of the funds. 4. Oregon Motion for Release of Business Assets from Levy: This motion is applicable to businesses whose assets, such as inventory, equipment, or accounts receivables, have been seized by the court. Business owners can file this motion to request the release of their assets, asserting that the amount attached exceeds the debt owed. 5. Oregon Motion for Release of Real Property and Personal Property from Levy: In certain cases, individuals may have both their real estate and personal belongings levied upon. This comprehensive motion covers both types of property and requests the court to release all attached assets due to an excess amount attached. It is important to note that the specific contents and requirements of these motions may vary depending on the jurisdiction and the circumstances of the case. Therefore, individuals seeking to file a motion for release of property from levy in an attachment proceeding due to excess amount attached should consult with an attorney or legal professional to ensure the accuracy and efficacy of their motion.
