Contra Costa California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment - Resident - Attachment

State:
California
County:
Contra Costa
Control #:
CA-CV-4A-FED
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PDF
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This form is an official United States District Court - California Central District form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

A Contra Costa California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment is a legal document that grants a resident the right to attach a defendant's property in order to secure a potential judgment in their favor. This order allows the resident to request the issuance of a writ of attachment, which allows them to take possession of the defendant's property to satisfy a potential judgment. There are different types of Contra Costa California Ex Parte Right to Attach Orders and Orders for Issuance of Writs of Attachment, each tailored to specific circumstances and requirements. Some key types include: 1. Ex Parte Right to Attach Order — Residential Property: This type of order is specifically for residents who seek to attach residential properties owned by the defendant. It allows them to secure their potential judgment by placing a lien on the property. 2. Ex Parte Right to Attach Order — Personal Property: This order is applicable when the resident wishes to attach specific personal properties of the defendant, such as vehicles, jewelry, or valuable assets. It enables them to physically seize the identified properties to ensure their potential judgment is fulfilled. 3. Ex Parte Right to Attach Order — Business Property: In cases where a resident seeks to attach business properties owned by the defendant, this type of order allows them to secure their potential judgment by placing a lien on the identified business assets. 4. Ex Parte Right to Attach Order — Bank Accounts: When the resident aims to attach the defendant's bank accounts, this order grants them the right to freeze the identified accounts and secure potential funds to satisfy their potential judgment. In conclusion, a Contra Costa California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment Residenten— - Attachment is a legal instrument that gives a resident the authority to attach a defendant's properties, be it residential, personal, business-related, or bank accounts, in order to secure their potential judgment. These orders are tailored to address specific circumstances, ensuring a fair and just resolution in legal matters.

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FAQ

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.

The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).

699.510. (a) Subject to subdivision (b), after entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server.

The statutory provisions for attachment are found at sections 481.010 through 493.060 of the California Code of Civil Procedure. A plaintiff can seek attachment by filing an application for a right to attach order and writ of attachment together with a declaration under oath which establishes the necessary facts.

To remove the writ of bodily attachment, you'll need to file a motion with the court for a hearing. This motion brings the matter before the judge, so the court can be notified that the contemnor has not been released even though the requirements have been met.

Writ of Attachment (AT-135) States the court's order to the sheriff to attach (take and hold) property belonging to the defendant in a civil case.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

You may use form FL-303, Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders. USE Request for Order (form FL-300): ?For a domestic violence restraining order, use forms DV-100, DV-109, and DV-110. ?For an order for contempt, use form FL-410.

Initially the RPS, opens a file with the Sheriff, records the levy, serves the debtor(s), serves the occupant of the real property or posts notice on the real property, and serves third parties and legal owners. Levy under a Writ of Attachment on real property creates a 3 year lien on the real property.

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Contra Costa California Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment - Resident - Attachment