A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
The West Virginia Motion to Release Property from Levy upon Filing Bond is a legal document that allows individuals or entities to request the release of their property from a levy by posting a bond. This motion is typically filed by taxpayers who have had their property seized by the West Virginia Department of Tax and Revenue to satisfy a tax debt. By filing a Motion to Release Property from Levy upon Filing Bond, the taxpayer can prevent the permanent loss or sale of their property while their tax issue is resolved. The bond serves as a guarantee that if the taxpayer loses their case or fails to comply with the court's orders, the bonded amount will be used to satisfy the outstanding tax debt. In West Virginia, there are two types of Motion to Release Property from Levy upon Filing Bond: 1. Personal Property Motion: This type of motion is used when the levied property is tangible personal property such as vehicles, machinery, equipment, or any other physical assets. By filing this motion, the taxpayer asserts their right to use and possess the property pending the resolution of their tax matter. 2. Real Property Motion: When the levied property is real estate, land, or buildings, the taxpayer can file a Real Property Motion to Release Property from Levy upon Filing Bond. This motion allows the taxpayer to maintain ownership and control over the real property while the tax issue is being resolved. Keywords: West Virginia, Motion to Release Property, Levy, Filing Bond, tax debt, Department of Tax and Revenue, personal property, real property, tangible, vehicles, machinery, equipment, real estate, land, buildings, ownership, tax matter.
