Mecklenburg North Carolina Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

State:
Multi-State
County:
Mecklenburg
Control #:
US-02741BG
Format:
Word; 
Rich Text
Instant download

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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How to fill out Motion For Release Of Property From Levy In Attachment Proceeding Due To Excess Amount Attached?

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FAQ

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.

How can you remove a writ for free? It is possible to request that the sheriff's office remove a writ for free. The process involves completing a written request to withdraw the writ and sending this to your local sheriff's office.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.

The next step involves requesting the Clerk of Court for the county where your debtor's property is located, to issue a "Writ of Execution." This document directs the local Sheriff to conduct an investigation into the status of the judgment debtor's assets and is valid and enforceable for a period of up to 90 days from

The next step involves requesting the Clerk of Court for the county where your debtor's property is located, to issue a "Writ of Execution." This document directs the local Sheriff to conduct an investigation into the status of the judgment debtor's assets and is valid and enforceable for a period of up to 90 days from

A writ can be removed once you are discharged from bankruptcy or finished paying off your consumer proposal. You can either have the creditor's lawyer (or another lawyer) file a request to remove the writ or do it yourself by downloading, filling out, and filing a form with the sheriff's office.

The creditor can obtain a court order called a writ of execution from the judge, which allows the sheriff to confiscate certain assets and auction the property off to pay your debt. The creditor will have to pay a fee. To have the sheriff seize and auction your vehicle would require the creditor to pay $300 to $1,000.

(11) Prejudgment remedy means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.

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) The Officer may, upon his/her initiative or upon motion of any interested party, issue a writ of execution on a judgment rendered within five (5) years from the date it became final and executory. b) A final and executory judgment may be executed on motion within five (5) years from the date of its entry.

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Mecklenburg North Carolina Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached