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

State:
California
County:
Sacramento
Control #:
CA-CV-4F-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.

Title: Sacramento California Application for Right to Attach Order and Temporary Protective Order — Attachment Introduction: In Sacramento, California, a legal procedure exists to protect the rights of individuals in various civil cases. This article will provide a detailed description of the Sacramento California Application for Right to Attach Order and Temporary Protective Order, with a focus on attachments. We will outline the purpose, process, and different types of orders available within this context. 1. Sacramento California Application for Right to Attach Order — Attachment: The Sacramento California Application for Right to Attach Order (TAO) is a legal tool used in civil litigation when the plaintiff seeks to secure assets owned by the defendant to satisfy a potential judgment. An attachment is a provisional remedy that prevents the defendant from disposing or encumbering certain property until the court decides on the underlying dispute. Types of Sacramento California TAO Attachments: a) Real Property Attachment: This form of attachment involves securing the defendant's real estate holdings to ensure they cannot sell, transfer, or otherwise dispose of the property during the legal proceedings. b) Personal Property Attachment: This attachment secures movable assets, such as vehicles, jewelry, or other valuable possessions owned by the defendant. It restricts the defendant from selling or transferring ownership of these items until the case concludes. 2. Sacramento California Application for Temporary Protective Order — Attachment: The Sacramento California Application for Temporary Protective Order (TPO) offers protection to individuals who fear harassment, violence, or stalking from another party. A TPO can grant temporary custody of minor children or restrict the abuser from contacting, approaching, or harming the victim. Types of Sacramento California TPO Attachments: a) Restraining Order: Commonly issued in cases involving domestic violence, a restraining order prohibits all contact between the abuser and the victim. It may also enforce the defendant to stay a certain distance away from the victim or their residence. b) Child Custody and Visitation Order: If the victim and abuser have children together, a TPO can grant temporary custody to the victim and restrict or supervise visitation by the alleged abuser to ensure the children's safety. c) Workplace Violence Restraining Order: This attachment safeguards an individual who faces potential violence or harassment in the workplace by requesting the court to prohibit the aggressor from coming near the victim's workplace. Conclusion: The Sacramento California Application for Right to Attach Order and Temporary Protective Order offers essential legal remedies to protect individuals during civil litigation and in cases of harassment or violence. The attachment variants described include real and personal property attachments within the TAO, and restraining orders, child custody orders, and workplace violence restraining orders within the TPO. Properly utilizing these applications ensures efficient legal protection and resolution for those involved.

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FAQ

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.

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.

Writ of Execution (EJ-130) 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.

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 writ of execution (possession of real property) expires 180 days after its issuance date. The 5-day notice to vacate may be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor tenant(s).

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.

Once the writ has been issued, its terms must be carried out immediately or as soon as possible. The sheriff of the relevant court, in the absence of specific instructions from the judgment creditor, goes to the home, place of employment or place of business of the debtor.

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