Bakersfield California Application for Right to Attach Order, Temporary Protective Order, etc. - Attachment

State:
California
City:
Bakersfield
Control #:
CA-CV-4F-FED
Format:
PDF
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Description

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.

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FAQ

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

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.

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 most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.

(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.

Fortunately, the law in California provides a mechanism to create security for the claim by operation of something called ?the Attachment Law.? That body of law allows a court to issue an order?called a writ of attachment?that seizes the defendant's property until the case goes to trial.

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

The writ of execution expires 180 days after the issuance. Garnishment is the method of levy in which the Sheriff serves a copy of the writ, notice of levy and memorandum of garnishee on the financial institution.

Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.

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.

More info

Application to Set Aside Right to Attach Order and Release Attached Property, Etc. Attachments: Form JV-180.Juvenile dependency court addresses. Be sure to tell the clerk if you think you need protection right away and want a Temporary (ex parte) Restraining Order. What do I do to Request a Civil Harassment Restraining Order? Conditional Use Permit No. 20-0170. A permanent conservatorship is only good for one year before your conservator would have to go to court. You can file a petition for writ of habeas corpus. REQUEST FOR ORDER (Sample Packet) HELPFUL WEBSITES - State Court - forms, etc. - Kern Court Website Kern County Law Library Case.

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Bakersfield California Application for Right to Attach Order, Temporary Protective Order, etc. - Attachment