Definition and meaning
A Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached is a formal request made by a defendant in a legal action. This motion seeks to free certain property that has been seized under a writ of attachment, arguing that the value of the seized property exceeds the claim amount of the plaintiff, including interest and costs.
Who should use this form
This form is primarily intended for defendants in civil proceedings where their property has been levied as part of an attachment. Individuals facing financial claims from a plaintiff and who believe that the attached property’s value significantly exceeds the claim amount should consider using this motion.
How to complete a form
When completing the Motion for Release of Property from Levy in Attachment Proceeding, follow these steps:
- Provide the name of the court and the relevant case number at the top of the form.
- Clearly identify yourself as the defendant.
- State the details of the writ of attachment, including dates and any relevant specifics.
- Attach an affidavit that supports your claim, detailing the excess value of the property.
- Sign the document and ensure that it is filed with the court appropriately.
Legal use and context
This motion is used within the context of attachment proceedings in civil lawsuits. When a plaintiff secures a judgment or seeks to assure payment, they may request the court to allow the seizure of a defendant's property as collateral. If the defendant believes the property value attached is more than necessary, this motion serves as a legal remedy to reclaim excess property.
Common mistakes to avoid when using this form
When filing a Motion for Release of Property, consider avoiding these common errors:
- Failing to provide sufficient proof of the property's excess value, which can weaken your case.
- Not signing the document, which may lead to its dismissal.
- Incorrectly identifying the court or case number, causing delays in processing.
What to expect during notarization or witnessing
When you finalize the Motion for Release of Property, you may need to have it notarized. This means:
- Presenting valid identification to the notary public.
- Signing the document in the presence of the notary, who will then affix their seal.
- Ensuring that the notary's acknowledgment is included on the form, validating its authenticity.
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