Virginia 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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Description

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

How to fill out Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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FAQ

An attachment lienA judicial lien imposed to preserve property during litigation. is ordered against a person's property?real or personal?to prevent him from disposing of it during a lawsuit.

Attachment is a statutory remedy, found at California Code of Civil Procedure 483.010, which enables commercial lenders to create a judicial lien on a debtor's attachable assets located in California at the outset of litigation, preserving the attached assets to collect against once the litigation is concluded in the ...

What is a levy (or attachment)? A levy is when a Sheriff or Deputy comes to your home and makes a list of property that can be sold to pay your judgment. What types of property can't be attached or levied upon? A judgment-creditor can levy on only some of your personal property.

A writ of attachment is a court order demanding a debtor's property be seized prior to a judgment in the creditor's favor. A writ of attachment may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent).

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.

Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.

Attachment is defined as a remedy where a plaintiff can seize defendant's property before judgment to secure any recovery the plaintiff may recover in a pending lawsuit.

Description. A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.

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