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.
Pennsylvania Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached A Pennsylvania Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a legal request filed by a party whose property has been wrongfully seized through a levy in an attachment proceeding. This motion aims to release the property from the attachment as the amount seized exceeds the indebtedness. In the state of Pennsylvania, there are two primary types of motions for release of property in attachment proceedings due to an excess amount attached: 1. Motion for Release of Real Property: This motion applies when real estate or immovable property has been attached, such as land, buildings, or any property permanently affixed to the land. The party seeking release must demonstrate that the value of the attached property exceeds the amount owed. 2. Motion for Release of Personal Property or Assets: This motion pertains to the release of movable property, including but not limited to vehicles, jewelry, household items, bank accounts, or any other assets held by the debtor. The party filing the motion must present evidence that the value of the attached personal property exceeds the debt owed. When drafting a Pennsylvania Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, it is crucial to include the following key elements: 1. Title and Caption: Begin the motion by including the appropriate title and caption, such as "In the Court of Common Pleas, [County], Pennsylvania." 2. Introduction and Background: Provide a detailed introduction explaining the background of the attachment proceeding, including the date it was initiated, the parties involved, and a brief summary of the attachment order. 3. Statement of the Excess Amount Attached: Clearly state the amount of money or value of property that has been attached and provide supporting evidence, such as invoices, appraisals, or expert opinions, demonstrating that the attached property exceeds the amount owed. 4. Legal Grounds for Release: Present the legal grounds and specific statutes or case laws justifying the release of the property from the attachment due to excess amount attached. 5. Supporting Documentation: Include any relevant documents, such as bank statements, receipts, or contracts, that support your claim that the amount seized exceeds the debt. 6. Prayer for Relief: Conclude the motion by respectfully requesting the court to release the attached property and award any additional relief deemed appropriate, including attorney fees and costs. 7. Signature: Sign and date the motion, and ensure that it complies with all relevant court rules and procedures. Remember, when preparing a Pennsylvania Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached, consult with a qualified attorney to ensure accuracy and adherence to legal requirements.
