Vermont 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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FAQ

(4) The summons shall be issued to the prosecuting officer for delivery to the person who is to make service and the judicial officer shall file a copy of the summons and indictment or information and affidavit or sworn statement in a unit of the court having jurisdiction of the offense.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

Vermont's Statute of Limitations on Debt The State of Vermont has a six-to-eight-year statute of limitations on written contracts, while oral contracts and collection of debt on accounts each have a six year statute of limitations. Judgements carry an eight-year statute of limitations.

Although the statute of limitations for property damage under Vermont law is three years after the cause of action accrues, no Vermont court has found a two-year suit limitation provision in an insurance contract offering coverage for property damage unreasonable or contrary to public policy?.

A party may file a motion for summary judgment at any time until within 30 days after the close of all discovery, unless a different time is set by stipulation or court order. An adverse party may file its opposition to the motion within 30 days after the service of the motion.

Prof. Cond. 4.2. In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

The officer or other person making an attachment shall make proof of its execution by setting forth on the original or a certified copy of the writ, or a paper attached to it for that purpose, the date or dates and manner of execution and a description of all real estate and a list of all goods, chattels, or other ...

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